Employment Law Update

  Employment Law Update The holiday season might be ending, but holiday pay remains a hot topic. In Flowers v East of England Ambulance Trust, the Employment Appeal Tribunal looked at whether voluntary overtime should be included in holiday pay. Employees should be paid their ‘normal remuneration’ when they take holiday. But is voluntary overtime…

Whistleblowing – protected disclosures

Whistleblowing – protected disclosures Sections 43A-43L of the Employment Rights Act 1996 protect workers who report malpractice (a ‘disclosure’) by their employer and are then treated badly. For a disclosure to be protected it must contain ‘information’ which the employee reasonably believes is in the public interest. It must also show some sort of wrongdoing…

ACAS guidance on overtime

ACAS guidance on overtime Most employers use overtime at some point, to satisfy increased demands such as a large order or an unexpected increase in work.  The new ACAS guidance explains the difference between voluntary and compulsory overtime. It also describes the two types of compulsory overtime: Guaranteed overtime is where an employer has to…

Employee status and ‘umbrella’ contracts

Employee status and ‘umbrella’ contracts Can an individual employed as ‘bank staff’, with no guaranteed hours, be an ’employee’? Ms Lane-Angell worked for Hafal assisting vulnerable adults in police detention. Her contract said there were ‘no guaranteed hours’ and Hafal would use her services ‘as and when they are required, if you are available’. Ms…

Variations of contract

 Variations of contract How easy is it for an employer to impose a pay freeze? In Abrahall v Nottingham City Council, the Court of Appeal decided that a group of employees had not ‘agreed’ to a pay freeze when they continued to work without protest afterwards. In 2011, the Council imposed a two year pay…

Giving references

Giving references Employers have a duty of care to employees when writing a reference. You must exercise reasonable care and skill. The reference should be true, accurate and fair. You must take reasonable care that it is not misleading by what is included or omitted from it. If you provide a reference and it contains…