Employment – Tech

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Employment News: Contracting Out of the State Second Pension

Wednesday, March 21st, 2012

Currently, employees may contract out of the State Second Pension, and join instead a contracted out occupational pension or personal/stakeholder scheme. When this occurs they receive a pension from the scheme, rather than the additional State Second Pension. When employees contract out of the State Second Pension, they, and their employers, receive a rebate in [...]

Employment News: Employment Law Changes – April 2012 and Beyond

Friday, March 2nd, 2012

Since coming into power the Coalition Government has launched an employment law review. Its objective is to achieve a flexible labour market to encourage job creation, an effective labour market to enable employers to manage employees productively and a fair labour market to create a level playing field for employers and employees. There have been [...]

Employment News: Social Networking – Managing Employment Issues (Part 2)

Friday, February 24th, 2012

The power and reach of social media continues to increase and its impact can clearly be seen, whether through the recent public sector strikes, where trade unions realised the power of mass communication to engage with their members, or through the summer riots, where social media played a key role in organising those wishing to spread violence.

Employers are increasing their use of social media for recruitment, advertising and sales. It continues to raise a number of key employment related issues. This update focuses on issues associated with the use of LinkedIn, guidance developed by ACAS and will also highlight recent cases. Please note however, that the case law discussed is not binding, but is a useful demonstration of how the Employment Tribunal is approaching the issue of social media in the first instance.

Changing Terms and Conditions of Employment – Implementation and Practical issues

Friday, November 18th, 2011

In the ongoing difficult economic climate employers continue to cut costs by changing employees’ terms and conditions of employment. In doing so many fall foul of the law and give employees and Trade Unions the opportunity to litigate.

Employment News – Employment Law Changes – October 2011 and Beyond

Monday, October 10th, 2011

October 2011 There are three main changes which took place on 1 October 2011. These are: The removal of the default retirement age. Employers may want to inform employees of the change in law and also consider how this will impact on workforce planning and whether any changes need to be made to contractual documentation. [...]

Employment News: Can an employee’s actions ever amount to self-dismissal or deemed resignation?

Monday, September 12th, 2011

Employers are often faced with employees who are absent without leave and do not communicate as required. There is a tendency for an employee to say there is a “self-dismissal” or “deemed resignation” in the circumstances. The recent case of Zulhayir v JJ Food Services Ltd UKEAT/0593/10 has confirmed that an employee’s own repudiatory conduct [...]

Employment News: Avoiding the wrath of HMRC: when is a self-employed worker actually an employee?

Tuesday, August 16th, 2011

The IR35 rules were introduced to end the perceived evasion of Income Tax (‘IT’) and National Insurance Contributions (‘NICs’) by the artificial creation of self-employed individuals who perform services through an intermediary (often a company owned and run by the individual) but who are, in fact, employees. The risks associated in incorrectly determining status are [...]

Employment News: Redundancy – Case Law Update

Wednesday, July 27th, 2011

Over the last 6 months, there have been a number of redundancy-related cases heard in the Employment Tribunal and Employment Appeal Tribunal. These cases provide useful guidance on a number of tricky issues.

Employment News: Taxation of Termination Payments

Thursday, July 7th, 2011

Employers often believe that they have reached agreement with a departing employee over a severance package on the termination of that employee’s employment only for further exploration of the tax implications of that settlement to cause negotiations to falter.

Employers could save themselves management time and costs by addressing the tax implications of the settlement at an earlier point in their commercial discussions with employees. Termination payments must be taxed correctly. If mistakes are made, it is the employer that HM Revenue & Customs will be looking to in order to recover unpaid tax and NICs, penalties and interest.

Employment News: Case Law Update

Wednesday, June 8th, 2011

Judges have continued to interpret and develop the law relating to employers at breakneck speed.

This newsletter provides a summary of the latest and most significant developments.