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Update – Tax changes to termination payments
Back in the 2016 Budget, the government announced that from April 2018, it would “reform and simplify” the taxation of termination payments. Following a technical consultation, the reforms expanded and now aim to "clarify and tighten" (i.e. increase) the taxation of such payments.
Should shared parental leave be paid at enhanced rates like maternity leave?
Not according to the Employment Appeal Tribunal (EAT). The EAT held in Capita Customer Management Ltd v Ali that maternity leave was not the same as shared parental leave, and to have pay differentials between the two was not discriminatory.
Can a disability account for bad behaviour?
The recent Employment Tribunal decision of Wheeley v University Hospitals Birmingham NHS Foundation Trust serves as a timely reminder that where conduct issues are said to arise from an underlying mental health condition employers should be cautious of departing from medical opinion.
When does notice take effect?
The Supreme Court handed down a judgment last week in the case of Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood confirming that where a contract is silent on when notice is deemed to be given, notice takes effect when it is actually received by the employee and they have read it, or had a reasonable opportunity to do so.
Zero hours and annual leave
Many employers choose to calculate holiday pay for their zero hours workers as 12.07% of their normal pay. A recent decision by the Employment Appeal Tribunal, Brazel -v- The Harpur Trust (2018), may lead to some employers rethinking this.
Poor Performance and Misconduct – Navigating the Minefield
“No man is an island” - this phrase is particularly pertinent in the workplace, given that many of us depend on the skills, experience, expertise or manpower of employees in order to succeed. Whilst employing staff is positive and beneficial for the most part, it also involves issues and potential liabilities, which can be difficult to manage especially for smaller employers with limited resources. This article looks at two common employment scenarios and gives guidance on how best to manage them successfully.
The delicate balance – ill health dismissals
Deciding when is appropriate to terminate the employment of an employee who has been long term absent due to ill health is a difficult decision. The Court of Appeal’s decision in O’Brien v Bolton St Catherine’s Academy [2017] EWCA Civ 145 provides some useful guidance on this issue
24 hour NHS retirement – piece of cake, right?
Afraid not! The process for 24 hour retirement from your NHS contract can be complex and will take quite some time. Faisal Dhalla, a partner in the specialist commercial dental team at Hempsons shares his tips and advice for ensuring your 24 hour retirement goes smoothly.
The implications of King v The Sash Window Workshop for backpay claims
A recent ECJ case has set out that employers can be ordered to provide paid holidays to even apparently self-employed contractors. The ECJ went on to provide that backpay holiday claims could stretch back to the worker’s commencement.
Holiday pay update
Over the last few years the courts have increasingly ruled more types of payments ought to be included in holiday pay calculations. However, the prevailing view has been that only compulsory overtime need be included...
Farewell to ET fees, but what next?
For the last four years, an employee wanting to take a case to an employment tribunal has had to pay a fee of up to £1,200. For many lower paid employees – or where relatively little money was at stake – this fee may have been a deterrent to starting action...
The National Minimum Wage, Sleep-In Shifts and the Social Care Sector – Update on HMRC Enforcement
On 26 July 2017, HM Revenue and Customs (‘HMRC’) suspended enforcement action against employers in the social care sector in relation to the National Minimum Wage (‘NMW’)/National Living Wage (‘NLW’). This decision followed on from the decision in the Mencap case (Focus Care Agency Limited v Roberts, Frudd v The Partington Group Limited, and Royal Mencap Society v Tomlinson Blake, 2017). The decision that a care worker could be “working” whilst asleep highlighted a significant liability in the care sector, where workers traditionally have been paid a fixed sleep-in allowance, and were often paid below the NMW/NLW.
Healthcare newsbrief: Winter 2017 edition now available
Welcome to the winter edition of Hempsons’ Healthcare Newsbrief. Many of you will be reading this at the NHS Providers conference where many of the issues we are writing about – from moving towards digital records to the issues around moving to an accountable care organisation – will be either discussed or on the minds of delegates...
Can an Investigation be Too Thorough?
In NHS 24 v Pillar the Employment Appeal Tribunal (“EAT”) has overturned a Tribunal’s decision that a disciplinary investigation was too thorough and it was unfair to include details of prior incidents which had not resulted in disciplinary action.