Should Voluntary Overtime Be Included In Holiday Pay

The issue of how to calculate holiday pay has rarely been out of the news in the last few years with a steady stream of case law on the topic.  This time we turn our attention to an issue on which there has been little guidance: voluntary overtime. Gillian Reid, employment law specialist at Ware & Kay in York, Wetherby & Malton , advises on whether you should include voluntary overtime in your holiday pay calculations. Compulsory overtime In Bear Scotland Ltd v Fulton 2014 the Employment Appeals Tribunal decided that employers have to take into account compulsory non-guaranteed overtime payments when calculating holiday pay in respect of the four weeks' annual leave given by the Working Time Regulations 1998 (WTR).  So, if you do not guarantee overtime but your employee must work it if…

Autumn Employment Law Round Up

Gillian Reid, employment law specialist at Ware & Kay in York, Wetherby & Malton, provides a round-up of the main employment law changes that have recently come into effect, including those taking place from autumn 2017, and explains the action you need to take as a result. Employment tribunal fees scrapped Unison won a landmark court case against the government in July 2017 when the Supreme Court found that the government acted unlawfully when it introduced employment tribunal fees in July 2013. The decision of the court means that, from July 2017: those eligible to bring an employment tribunal claim (or appeal) will no longer have to pay a fee to do so; and the government will have to refund over £27 million to those charged a fee for submitting a claim to the…

A Change To The Compensation Band For The 'injury To Feelings' Award

There will be a change to the compensation bands for the 'injury to feelings' award in discrimination cases in the employment tribunal and will apply to any claims issued on or after 11 September 2017 and will be: lower band (less serious cases): £800 to £8,400 middle band: £8,400 to £25,200 upper band (the most serious cases): £25,200 to £42,000 exceptional cases: over £42,000   The previous bands were: Lower band: £600 to £6,000 Middle band: £6,000 to £18,000 Higher band: £18,000 to £30,000.   Published: September 2017 For more information contact Gillian Reid, Head of Employment, on 01904 716050 or email Gillian.Reid@warekay.co.uk.

Tougher Penalties For Employing Illegal Immigrants

On 12 July 2016 changes to illegal working offences in the Immigration Act 2016 came into force, introducing tougher penalties for employers found to be flouting the rules. As the government is keen to crack down on employers who turn a blind eye to employing illegal migrants, with fines of up to £20,000 per illegal worker and possible disqualification for directors, it is more vital than ever for employers to make sure employees have the correct right to work documents.  The Home Office also names and shames employers found employing an illegal worker, so your business reputation could be on the line too. Gillian Reid, employment law specialist at Ware & Kay in York, Wetherby & Malton , advises on how employers can avoid illegal working traps. Checking workers' status Under current law, employers can…

Supreme Court Quashes Employment Tribunal Fees

If you have submitted a tribunal claim via Ware & Kay since July 2013 please contact Gillian Reid for advice about recovery of the employment tribunal fees.   See interesting Supreme Court verdict: UNISON legal victory sees employment tribunal fees scrapped Published: July 2017 Contact us: For a confidential discussion on employment law matters, please contact Gillian Reid on 01904 716050 or email Gillian.Reid@warekay.co.uk "http://www.warekay.co.uk/news-updates/firm-updates/2014/will-written-in-return-for-st-leonard's-hospice-donation-(the-press

How To Deal With Part Time Workers

With an increasing number of businesses using part-time workers to deliver their services, it is important for employers to understand the approach that should be taken to ensure that the rules governing this type of employment are complied with. Gillian Reid, Head of Employment at Ware & kay in York, Wetherby & Malton explains the key provisions you need to be aware of. When will someone be classed as a part-time worker? There is no legal definition of a part-time worker, but in broad terms anyone who works less than the usual hours worked by a full-time employee, based on the employer's workplace customs and practices, will be classed as a part-timer. What rights do part-time workers have? Part-time workers are protected by the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, which provide…

Performance Management

Getting the best out of employees is one of the biggest challenges faced by managers.  Gillian Reid, employment law specialist at Ware & Kay in York  Wetherby & Malton, looks at what managers can do to manage performance and, if necessary, how to dismiss an underperforming employee. Poor performance can include lack of productivity or slowness, inflexibility, a breakdown in working relationships with colleagues or customers, a failure to reach targets, customer complaints, and negligence or mistakes.  Ignoring these issues risks undermining the manager's position and demotivating other staff, whereas dealing with them can increase both productivity and staff engagement. Managing performance on a day-to-day basis It is far better to deal with problems as they arise, rather than waiting for them to become a major issue.  Performance should be kept under review throughout the…

Covert Surveillance Of Employees

The issue of privacy has rarely been out of the news in the last few years, as a result of the phone-hacking scandal and revelations of secret mass surveillance of individuals by national intelligence agencies. As an employer, keeping an eye on your staff is vital but you must also stay on the right side of the law.  Gillian Reid, Head of Employment at Ware & Kay in York, Wetherby & Malton , advises how employers can monitor staff without infringing their rights to privacy. Examples of covert surveillance There are many reasons why you may wish to monitor staff, such as to prevent theft or fraud, reduce the use of workplace equipment and time for personal purposes, cut down on non-genuine absence, monitor the quality of customer service and gather evidence for possible disciplinary…

Managing Mental Health Issues At Work

One in four people will experience symptoms of mental ill health during their lives.  According to the Chief Medical Officer for England, 70 million working days are lost in the UK every year due to stress, depression and other mental health conditions.  It is estimated that this costs the UK economy between £30 billion to £100 billion per year. Gillian Reid, Head of Employment at Ware & Kay in York, Wetherby & Malton , looks at what managers can do to help employees and advises how to avoid discrimination claims from employees with mental health issues. What is mental health? Mental health is the mental and emotional state in which we feel able to cope with the normal stresses of everyday life.  Mental ill health can range from feeling 'a bit down' to severe mental…

Employment Law Changes Taking Place From April 2017

Employment law is a fast-changing area and as an employer you need to stay up to date with developments to ensure that you are acting lawfully.  Most employment law changes take place in April and October each year.  Gillian Reid, Head of Employment at Ware & Kay Solicitors in York, Wetherby & Malton , looks at what is happening in April 2017 and what you need to do. National minimum wage and national living wage aligned The review date for the national minimum wage has moved to 1 April 2017 instead of 1 October 2017. This means that the next round of changes to the national minimum wage and national living wage will take effect on 1 April 2017: From this date: the national living wage for workers aged 25 and over will increase…