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Holiday Pay: Not A Welcome Break For Employers

The recent Court of Appeal Judgment in The Harpur Trust v Brazel, though relating to a problem which particularly besets the education sector, offers food for thought (in relation to holiday pay) for seasonal businesses that engage staff on permanent contracts rather than hiring freelance staff on an ‘as and when required’ basis. The Case […]

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Covert Recordings in the Workplace

Covert recordings of meetings has become a more prominent issue for employers in recent years, due to the ease with which people can now make recordings on their smart phones. At Blacks, we frequently come across cases where individuals have covertly recorded disciplinary and grievance hearings and who now wish to rely on it in […]

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Are “On-Call” Staff Entitled to Minimum Wage?

Holiday and residential parks across the country are regularly staffed overnight by employees who are “on-call”. Whether or not workers who are on-call are entitled to be paid is an issue which has been heavily contested in the Employment Tribunal (ET), and the Employment Appeal Tribunal (EAT), for some time. However the EAT has recently […]

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Recognising good service – How to motivate and reward staff

Being well organised, legally compliant and incentivising staff at your holiday park will lead to a productive and loyal work force. Organised chaos It is essential that all parks have a staff induction and training process. This ensures that an employee begins their employment correctly, knowing what the business is about and their role within […]

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Taxation of settlement payments

There are a number of dates you might want to save for April 2018: the Commonwealth Games in Australia, the Rugby World Cup Sevens in San Francisco or the Grand National at Aintree. What you perhaps didn’t know is that in April 2018, draft legislation concerning changes to the taxation of termination payments is intended […]

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No Heels Required? Keeping your workplace Dress Code within the law

In light of recent headlines regarding Nicola Thorp, a Receptionist sent home from work without pay after refusing to wear high heels, many employers may be looking to review the dress code requirements they set for their staff. Ms Thorp’s case shows that where a dress code is perceived to be discriminatory, an employer may […]

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Beware – Return of the Whistleblower

Whistleblowing refers to a practice whereby employees bring a protected disclosure or grievance to their employer’s or a regulator’s attention which highlights an issue of mismanagement, corruption, illegality or some other wrong doing. Because of the controversial content of the grievance or protected disclosure the practice of whistleblowing often leads to the whistleblower being subjected […]

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Drafting a new policy? How will you implement it?

The recent decision of Newbound v Thames Water [2015] has shed light on how far an employer must go to introduce a new policy to their workforce. The case itself concerned an employee, Mr Newbound, who had worked at Thames Water for 34 years. Mr Newbound was instructed by his manager, Mr Andrews, to enter […]

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Holiday Pay – It looks like voluntary overtime will make the cut

As previously covered in my blog on 4 November 2014, recent case law now stipulates that regular non-guaranteed overtime should be included in holiday pay calculations. In these cases, such as Bear Scotland Ltd and others v Fulton and others, the overtime in question was related to tasks which the employees were contractually obliged to perform. […]

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One rule for us and another for schools

Once HR has made time to draft them, most teachers will be provided with contracts of employment. They should clearly outline employees’ duties together with their respective contractual and statutory rights in accordance with the Employment Rights Act 1996. Beyond this, employment issues in schools can often be dealt with in a manner not entirely […]

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