Brexit What Next For Employers

We are living in unprecedented times. The historic decision of the UK electorate  to leave the European Union, has resulted in a period of uncertainty about  the implications of Brexit for workers and businesses in the UK and their future relationship with the EU. A key concern is the impact on migrant workers. Currently, EU citizens can live and work in the UK without the need for work permits or visas.  Although Brexit might eventually mean an end or restrictions on this free movement of people, any changes are yet to be decided.  In the meantime, both employers and employees will be looking for reassurance for what it means for them. Gillian Reid, Head of Employment at Ware & Kay Solicitors in York, Wetherby & Malton , advises employers on what to expect and what…

Negotiating An Executive Severance Package

If you need to part company with a director, for the good of the business, it may not be appropriate to follow your disciplinary procedure.  Gillian Reid, Head of Employment in York & Wetherby, looks at the issues you should consider, especially if you need to achieve a quick exit with minimal disruption to the business and no publicity. Reason for the termination Two of the most common reasons for terminating a director's contract are poor performance, leading to the board losing confidence in the director, and a personality clash. You should first decide what the reason is for the exit, as it will have an impact on the claims the executive may have and therefore on the level of compensation you could have to pay.  For example, you must consider whether the director has…

Making A Formal Complaint At Work

Most people will experience a concern about their work, working conditions or a colleague at some point in their working lives.  Gillian Reid Head of Employment at Ware & Kay in York, Wetherby & Malton advises how handling it properly can mean that it can be resolved quickly, before it escalates.  If you have a problem at work, how should you tackle it? Do you have a grievance? A grievance is a problem or concern that you have about your work, working conditions, pay or relationships with colleagues.  For example: you believe that your overtime has been calculated wrongly and you have been underpaid; you feel that your workload is excessive and you are struggling to cope; a colleague is harassing you because of your religion; or following an illness or injury, you would…

Tackling Pregnancy And Maternity Discrimination In The Workplace

As an employer it can be difficult to balance the needs of your business with the rights of employees. This is particularly true in relation to pregnancy and maternity rights.  However, most employers would agree that it is in their interests to support employees who are pregnant or on maternity leave. If an employee feels they have been treated unfairly due to their pregnancy or maternity leave, they may be entitled to make a discrimination claim. Gillian Reid, employment law specialist at Ware & Kay Solicitors in York & Wetherby, looks at the rights of pregnant employees, and those on maternity leave, and advises how employers can avoid discrimination claims. The different types of discrimination Pregnancy and maternity are protected characteristics under the Equality Act 2010, which prohibits discrimination in the workplace. Pregnancy and maternity…

Employment Law Changes April 2016

Employment law is always changing and, as an employer, you need to stay up to date with developments in order 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, looks at what is happening in April 2016 and what you need to do. National living wage The introduction of the national living wage on 1 April 2016 is the biggest change to occur in April. It will be payable to workers who are aged 25 and over and the initial rate will be £7.20 per hour. It is effectively a top-up rate of the national minimum wage. It has been estimated that 50 per cent of employers will need to increase…

Latest Employment News Blog 2016

NEW: National Living / Minimum Wage - 1st April, 2016 The National Minimum Wage (Amendment) Regulations 2016 have been made, and come into force on 1 April 2016. The new minimum wages from 1 April 2016 will be:- age 25+ - £7.20ph (the National Living Wage) 21-25 - £6.70ph 18-21 - £5.30ph <18 - £3.87ph apprentices - £3.30ph   If you have any questions please contact our Employment Law Solicitor Gillian Reid on: 01904 716050 or Gillian.Reid@warekay.co.uk   Employment Advice articles

The Exclusivity Terms In Zero Hours Contract (redress) Regulations 2015

EMLOYMENT LAW UPDATE - FEBRUARY 2016 These regulations came into force on 11th January 2016. S27A(3) of the Employment Rights Act 1996 provides that a provision in a zero hours contract which prohibits the worker from doing work under any other arrangement is unenforceable. In other words the employee cannot be prevented from doing other work for other employers. If an employee is dismissed for taking on other work that dismissal will be automatically unfair. Even if the employee is not dismissed but is subjected to a "detriment" (e.g.  being denied work that would otherwise have been allocated to them), that detrimental treatment is unlawful. There is no qualifying period of employment before an employee is protected, so this is another exception to the "2 year rule" which applies to "ordinary" unfair dismissal and protects…

Whistleblowing What Constitutes The Public Interest

Since the qualifying period for claiming unfair dismissal was raised to 2 years, dismissed employees without the 2 year qualifying period will only be able to make claims if they can show that their dismissal was for a reason which is covered by a category deemed to be automatically unfair and does not require a qualifying period of employment. One of these categories is dismissal for making a "protected disclosure." The law is specific on what counts as a qualifying disclosure and to whom the employee must report it to. 1.    It must be a disclosure of "information" (an opinion alone is not enough) 2.    It must normally be made to the employer (although there are exceptions) 3.    It must in the reasonable belief of the worker "tend to show" either that:- (a)  a criminal…

The National Minimum Wage

Changes to the National Minimum Wage from 1st October 2015: £6.70 for those 21 years and over; £5.30 for those aged 18-20 years; £3.87 for those above school leaving age but under 18; £3.30 for apprentices. National Living Wage In April 2016 the "National Living Wage" will be introduced. For workers age 25 or over the national Living Wage will become a new legal minimum for workers aged 25 or over and will be set at £7.20 per hour. The government has published a policy paper explaining this at www.gov.uk/government/publications/national-living-wage-nlw/national-living-wage-nlw Comprehensive Information & Guidance on the NMW HMRC has published an extremely comprehensive collection of guidance, forms and case studies with information for employers on how to check that they are paying their employees the national minimum wage correctly. www.hmrc.gov.uk/manuals/nmwmanual/index.htm The application of…

October 2015 Employment Law Update

A round-up of the main employment law changes coming into effect from autumn 2015. Gillian Reid, employment law specialist at Ware & Kay in York & Wetherby, outlines the main changes and the action you need to take as a result. National minimum wage rises The minimum wage is reviewed every year and traditionally it has been increased on 1 October.  This year is no exception.  The new hourly rates are: adult rate (21+): £6.70 development rate (18-20): £5.30 young workers rate (16-17): £3.87 apprenticeship rate: £3.30.   The accommodation offset limit has risen to £5.35 per day.  The government's new national living wage is due to take effect from next April.  This will add a premium of 50p to the minimum wage for those over 25 so that the rate for those…