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Articles tagged with: Employment

Workers entitled to commission within their holiday pay?

Author: Catherine Rosewell

Workers entitled to commission within their holiday pay?

You are entitled to overtime in holiday pay but also commission?  Phil Kay offers some guidance.

Zero Hours Contracts

Author: Catherine Rosewell

The Government have responded

Zero Hours Contracts

Zero Hours employment contracts have been a thorny issue for several years now, attracting a great deal of criticism from the public. The Government have responded in the Small Business, Enterprise and Employment Bill which is now making its way through Parliament.

Guidance on Restrictive Covenants in Employment Contracts

Author: Catherine Rosewell

Philip Kay provides guidance

Guidance on Restrictive Covenants in Employment Contracts

Philip Kay provides guidance regarding restictive convenants in Employments contracts following recent cases of Coppage & Anor v Safety Net Security Limited & Prophet Plc V Huggett

Coppage & Anor v Safety Net Security Limited

Prophet Plc v Huggett

A Care Worker? You can sleep on the job!

Author: Catherine Rosewell

The Employment Appeal Tribunal recently held that even if the Claimant was not actually required to work she was still carrying out “work that is paid for under a worker’s contract” under the National Minimum Wage Regulations being entitled to be paid Minimum Wage for all the time spent on “sleepovers” even though on the facts never actually needed to help service users during these “sleepovers”.

New research shows less than half of Employment Tribunal Claimants paid in full

Author: Catherine Rosewell

Claimants in Employment Tribunals missing out?

The Government Department for Business, Innovation and Skills have recently published a report showing how many Employment Tribunal awards are actually paid to Claimants.

Unfair Dismissal: Is it fair?

Author: Catherine Rosewell

Can the Employment Tribunal reconsider your employment status?

Unfair Dismissal: Is it fair?

Recent case considers whether an Employment Tribunal will find a dismissal is unfair. 

Equal Pay Disputes

Are you being paid less than a female or male colleague and doing a comparable job?

The Equal Pay Act 1970 enabled both women and men to claim equal pay for the same or comparable work. If you wish to bring a claim, you must be able to point to a colleague of the opposite sex whose terms and conditions are different to your own. It is not sufficient for a hypothetical comparator to be used.

Stress at work (Employers)

Stress at work can stem from harassment or bullying from employees or simply arise from the pressures of work. Stress is unfortunately unavoidable. While pressure can be helpful in motivating some employees, it can also reach point where it can have a detrimental effect and employees are no longer able to perform effectively.

Constructive Dismissal

Left with no alternative than to resign?

Constructive dismissal is when your employer’s conduct breaches your contract of employment. It may be the result of one incident or a series, but the affect has left you with no choice and you are forced to leave your job against your will. 

Redundancy

Are you worried that you are going to be made redundant?

This is a distressing time for all employees; however there are certain legal steps your employer is required to carry out. You should be treated fairly and you may also be entitled to a redundancy payment, a notice period, the option to move into a different job or reasonable time off to find a new job.

Retirement

As of October 2011, there is no longer a default retirement age.

This means that employers are unable to compulsorily retire an employee due to age, however, it is still possible for an employer to force people to retire if there was a legitimate reason for doing so.

Discrimination and Equality

Whether you feel you've been discriminated against on the basis of age, gender, sexual preference or a range of other factors, in the eyes of the law workplace discrimination is wrong. Get in touch to find out how we can help you...

Redundancies and Business Reorganisations

A business may need to reorganise its staffing for all sorts of reasons.  Often a business may have no alternative but to consider reorganisation or redundancy.

Sickness and Capability Issues (Employers)

Dealing with employees who are off sick long-term or, alternatively, are frequently taking short periods of intermittent sick leave, can be problematic and time consuming for managers.

Is Obesity the new disability?

Author: Catherine Rosewell

The case of Kaltoft v Municipality of Billund is considered

Phil Kay discusses if obesity is the new disability following the ECJ decision.

Breaking News: Restrictive Covenants

Author: Catherine Rosewell

Breaking News: Restrictive Covenants

Recent Court decisions mean courts will not redraft restrictive covenant clauses for employers, highlighting the need to take specialist advice when drafting new employment contracts to make sure that any restrictive covenants will be enforceable for the particular employee.

Workers entitled to commission within their holiday pay?

Author: Catherine Rosewell

Due to EU Court ruling you could be entitled to your commission whilst on holiday

A recent ruling by the Court of Justice of the European Union could mean that many Devon businesses will be forced to pay out thousands in backdated commission to their employees warns Exeter-based litigation partner Catherine Rosewell of Veitch Penny LLP.

Free Legal Advice in Sowton

Veitch Penny & The Family Law Co offering drop in surgery

Veitch Penny and The Family Law Company are teaming together to provide free drop in legal surgery at Fresha Cafe, Sowton on Tuesday 18 March, 22 April and 20 May 2014.

Good News! You can chose your own lawyer

Author: Catherine Rosewell

Freedom to chose own lawyer

Good News!  You can chose your own lawyer

The European Court of Justice have ruled that legal expenses insurers are no longer to stipulate which lawyer acts on your behalf.  You have the right to freedom of choice. 

‘Work for your Benefit’ Scheme does not breach of human rights

Author: Catherine Rosewell

Government back to the drawing board

The Government's Back to Work scheme has been found to be unlawful. 

Redundancy (Employers)

It is very important for any Employer to follow the correct procedures on all employment matters, but specifically in relation to redundancy and the redundancy consultation process, in order to stop issues escalating or finding that a genuine redundancy results in an unfair dismissal claim.

Compromise Agreements (Employers)

Compromise Agreements can be used in a number of circumstances, including redundancy, dismissal, or the settlement of an Employment Tribunal claim. It prevents the possibility of future complaints or claims arising and concludes the employment contract

Retirement (Employers)

As of October 2011, there is no longer a default retirement age.

This means that employers are unable to compulsory retire an employee due to age, however, it is still possible for an employer to force people to retire if there was a legitimate reason for doing so.

Business Health Check

Business Health Check

Is you business protected? Do you have an up to date set of terms and conditions? Are your employee contracts up to date? Could you be leaving yourself open to legal action? There are many online precedents cheaply available, but few fully protect your interests. This is why we have put together a business health check service offering a review of all your policies for a one off fee of £500 (+VAT) or a review of your individual polices for £200 (+VAT) each.

Stress at work

We all expect to be under pressure at work from time to time. If this pressure leads to expectations of employees fulfilling an unreasonable level of work combined with long hours which in turn has an effect on your health you may have a claim for stress at work.

Wrongful or Unfair Dismissal

Wrongful dismissal is where you are dismissed by an employer in a breach of your employment contract, for example by failing to give the correct notice period.

Compromise Agreements

A compromise agreement is a legally-binding agreement often agreed between an employee and an employer when the parties wish to reach an amicable settlement of their dispute.  The agreement sets out the terms of the settlement (normally financial) in return for an employee compromising his or her potential claims at an Employment Tribunal or at Court.

Discrimination and Equality (Employers)

This is a complex and ever-changing area of law and the categories of employees who are protected by this legislation is increasing.

Wrongful or Unfair Dismissal (Employers)

We regularly assist employers whilst dealing with dismissal or disciplinary issues within the workplace. 

We also advise and assist employers with the conduct of grievance procedures.  At all times, it our goal to advise and represent our employer clients cost-effectively and efficiently.

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