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…

Have You Been Accused Of Misconduct

Conduct is a potentially fair reason for dismissal so, if an employer has accused you of misconduct, you should get independent legal advice to ensure your employment rights are protected.  Gillian Reid, Head of Employment at Ware & Kay in York, Wetherby & Malton , looks at what you need to do if you are facing disciplinary proceedings for misconduct. Misconduct is unacceptable or improper behaviour.  Cases of minor misconduct, such as lateness, are usually dealt with informally.  If informal resolution fails or the matter is more serious, your employer will normally take formal action.  Gross misconduct is the most serious type of conduct and includes theft, fraud, fighting, drunkenness, harassment, serious negligence and serious breach of health and safety rules.  It can result in the termination of your employment without notice or pay in…

Employment Law Newsletter February 2017

In this newsletter, we outline updates which will take effect from April, summarise the government's recent review of Employment Tribunal fees and look at 2 recent cases dealing with Rest Breaks and Redundancy Consultation, plus a brief mention of a recent case on employment status. Updates from 6th April 2017 National Living Wage For workers age 25 and over   £7.50 per hour For workers age 21 - 24          £7.05 per hour For workers age 18 - 20          £5.60 per hour For workers age under 18        £4.05 per hour The apprenticeship rate           £3.50 per hour   Parental payments (Provisional figures) Statutory maternity Pay (after the first 6 weeks), paternity pay and adoption pay will rise to £140.98 per week. Statutory Sick Pay (Provisional figures) SSP will rise to…

Age Discrimination In The Workplace

As school leavers and graduates compete with an aging population who need or want to work longer, there is an increasing risk to employers of employees bringing claims against them for age discrimination where they believe their career prospects have been adversely affected by how old they are. In this article, Gillian Reid, employment lawyer at Ware & Kay in York, Wetherby & Malton , outlines the main provisions of the law on age discrimination, contained in the Equality Act 2010, and explains the steps you, as an employer, can take to avoid falling foul of the rules. Discrimination in recruitment Job applicants are protected from age discrimination. Before publishing a job advert, you need to look carefully at the language you intend to use to check whether it might put off a potential candidate…