13 Mar 20

More on IR35

IR35 On 7th February 2020, HMRC and HM Treasury announced a change to how the extension of the off-payroll working rules to the private sector will apply when they take effect on 6 April 2020. The extension will only apply to services provided on or after that date. Previously the extended rules would have applied to services provided before 6 April 2020 if payment for those services were made on or after that date. It has also said that penalties will not be payable for errors relating to...

13 Mar 20

Proposed immigration system

Proposed immigration system Here are the government's plans for a new UK points-based immigration system from 1st January 2021, once free movement with the EU ends What do you need to know? • EU and non-EU citizens will be treated equally, save for EU citizens benefitting from a more streamlined application process. • The government will not introduce a general low-skilled or temporary work route. • Migrants to the UK will have to score 70 points under...

13 Mar 20

Proposed increases in statutory maternity, paternity, adoption and sick pay

Proposed increases in statutory maternity, paternity, adoption and sick pay The Department for Work and Pensions has placed a paper in the members' library of the House of Commons setting out proposed increases in a number of statutory benefit payments. From April 2020 the weekly rate of statutory sick pay is expected to increase from £94.25 to £95.85. The weekly rates of • statutory maternity pay • maternity allowance • statutory paternity...

13 Mar 20

How should you manage home workers?

How should you manage home workers? The Care Quality Commission (CQC) has announced that at the end of March 2020, it will stop supporting its home workers by paying for their broadband. In contrast, BT gives its home working employees an allowance for an ergonomic chair, a desk and a laptop. It also supplies broadband. BT broadband, of course. The different approaches highlight the lack of consistency in this area despite 1.7 million people regularly working from home, a number that is set to...

13 Mar 20

An interesting month for IR35

An 'interesting' month for IR35 In a month where the Labour Party has announced that, if elected, it would halt the proposed IR35 changes due next April, HMRC has continued its losing streak. Two cases were reported in The Register: IT contractor has £240k bill torn up after IR35 win against UK taxman Helen Fospero makes yet another Brit telly presenter to win IR35 case against taxman HMRC lost both because of a lack of mutuality of obligations. The businesses weren't obliged to provide the...

31 Jul 19

The Summer update

Severance in restrictive covenants Earlier this year we ran a short seminar, 'Restrictive covenants in Employment Law: do you need them, making them work'. One topic was the blue pencil test, whereby courts remove offending words from a clause that would otherwise render it unenforceable. The Supreme Court has ruled on the correct test. In Tillman v Egon Zehnder Limited the Supreme Court held that a six-month non-compete clause was enforceable because the unenforceable part of the clause was...

12 Jul 19

Should you believe references?

Not without checking them. A recent survey into recruitment fraud audited the CVs of 5000 employees. Worryingly, 75% contained discrepancies, 20% had inflated job titles and 12% included false grades and qualifications. Some references were complete fiction. What should you do? Don't accept pre-written references. Always obtain references from referees directly and verify all academic and professional qualifications. If possible, only accept written references and avoid taking references by...

12 Jul 19

If you enhance maternity pay must you enhance shared parental pay?

If you enhance maternity pay must you enhance shared parental pay? The Court of Appeal said no in the latest instalment of Ali v Capita Customer Management Ltd; Chief Constable of Leicestershire Police v Hextall. When on paternity leave, Mr Ali was entitled to two weeks' full pay from Capita. Female employees could get 14 weeks' enhanced maternity pay. Mr Ali was eligible for shared parental leave, but he would only be paid at the statutory shared parental pay rate. Mr Ali clamed sex...

12 Jul 19

Should you always meet before issuing an improvement notice?

Yes said the EAT in Starling v Epsom & St Helier. Ms Starling, a nurse, was asked to switch on an incubator, but she became unwell and was taken to A and E before she could do so. She told a doctor about the incubator at the hospital the next day. The Trust issued an improvement notice, the equivalent of a first written warning, so she resigned. In upholding her claim of constructive unfair dismissal, the EAT criticised the Trust for not meeting Ms Starling and said, had they met her, she...

12 Jul 19

Summer wardobe in the workplace

Let's dress for summer At some point this year we will enjoy a week of good weather that we will call 'summer'. It will start at 9 am on a Monday and end whenever you take the barbecue out. You may want to relax your normal office dress code so that people are comfortable, but at the same time you don't want staff to appear as though they are auditioning for Love Island. Before summer arrives, remind people of your company's standards, for example, no beachwear, sheer clothing or flip flops....