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Last month, the Supreme Court handed down its judgment on the two joined cases of Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad & Another which related to the thorny issue of ‘sleep ins’ and whether workers should be paid the National Minimum Wage (NMW) for the duration of the shift, or only for […]
Over the past year, face masks have become part of normal daily life and it was only a matter of time before they became the focus of a workplace dispute. In the first such dispute of this kind to reach an employment tribunal, Kubilius v Kent Foods Ltd, found that a lorry driver was dismissed […]
We are now six months on from when the Good Work Plan came into force. Amongst other legislative changes was the right for employees and workers to be provided with a Written Statement of Particulars on day one of employment or engagement at the latest. For employees, a window of eight weeks was previously allowed. […]
If you fail to spot and act upon whistleblowing (otherwise known as making a protected disclosure), the damage to your business can be immense. What can start off as a seemingly straightforward complaint can be used by the cynical employee (or worker, both are covered by the protecting legislation) or their legal advisor to fashion […]
Here at Wirehouse we get many questions regarding restrictive covenants and the desire for employers to restrict what an employee can do once their employment has been terminated. The starting point for employers is to understand that any contractual term which restricts a former employees activities would be unlawful as a restraint of trade and […]
If your business has recently employed an individual who is performing below expectations, what are your options? Can you dismiss them without following the typical disciplinary process? Are there risks associated with doing so? Here, we examine the legal implications of dismissing an employee within 24 months of joining the business. Dismissing an Employee | […]
Since 2014 there has been a growing number of cases that have looked into what employers should pay when an employee in on annual leave. It started with employers having to pay commission whilst annual leave was taken. Then it moved onto overtime, stating that regular and consistent overtime should be paid whilst employees take […]
The Employment Rights Act 1996 provides protection to workers who have made a protected disclosure . A dismissal will be automatically unfair if the reason, or principle reason, for the dismissal is that the individual has made a protected disclosure. In addition, workers are protected from being subjected to a detriment on the grounds that […]
