Equal Pay For Equal Work

With reports about differences in pay between high profile men and women seemingly in the news on a daily basis at the moment, there cannot be many people in the UK who have not wondered how their pay compares to colleagues of the opposite sex. In this article, Gillian Reid, employment law expert with Ware & Kay in York, Wetherby & Malton , explains the rules on equal pay and what you, as an employer, can do to ensure you comply with them. The law in a nutshell Under the Equal Pay Act 2010, it is illegal to pay men and women in the same organisation different amounts for doing equal work, unless there is a justification for doing so. To be classed as equal work, the work being compared must be: the same…

Employer`s Guide To Self Employed Status Following The Supreme Court Decision In Pimlico Plumbers

If you use self-employed contractors to deliver services for your business, then you need to familiarise yourself with the Supreme Court's decision in the Pimlico Plumbers case. In a stark warning to employers to get their contracts in order, and to ensure they reflect the reality of agreed working arrangements, the court ruled that a plumber who had been labelled as a self-employment contractor with no employment law rights was in fact a 'worker' with entitlement to a range of benefits, including paid annual leave and the right not to be discriminated against. Gillian Reid, employment law specialist at Ware & Kay in York, Wetherby & Malton explains the reasoning behind the decision and its implications for employers. Worker status - what the court decided To be a worker under employment legislation, the plumber needed…

Reprieve For Care Sector After Verdict On Workers Who Sleep In

The financial pressures on the care sector are never out of the news for long. However, employers providing round-the-clock supervision or care to the elderly and infirm, vulnerable adults and young people are breathing a sigh of relief following a recent judgment on entitlement to the national minimum wage. Gillian Reid, employment law expert with Ware & Kay Solicitors in York, Wetherby & Malton , explains that most workers who sleep during a 'sleep-in' shift are not entitled to the national minimum wage while asleep. Why is this significant? Employers in the care sector may need staff such as nurses and care assistants at night to be awake and active on the job as if it were a day shift.  This is known as working a 'waking night'.  Depending on the staffing requirements, employers may…

Top Tips For Employee References

References are a delicate area for employers; you want to be helpful to staff by providing references for them but you do not want to be held liable if you get it wrong.  Gillian Reid, employment law solicitor at Ware & Kay in York, Wetherby & Malton clarifies whether you have to give a reference, your liability as an employer, what you can and cannot say and what to do when requesting a reference. Do you have to provide a reference? There is no legal obligation to provide a reference unless an employee's contract of employment states that they are entitled to one or the employee is employed in a regulated industry, such as the financial services sector.  You can refuse, but a refusal could be seen as discrimination if you normally give references and…

Settlement Agreement Lawyers' Guide - Using Settlement Agreements To Resolve Employment Issues

Settlement agreements are legally binding contracts in which one person, usually an employee, agrees to waive their rights to bring a claim in the employment tribunal or a court in return for another person, typically their employer, agreeing to do something, such as paying them a sum of money and agreeing to give them a reference. As Kalpesh Nakeshree, employment lawyer at Ware & Kay in York, Wetherby & Malton explains, used properly settlement agreements can be an effective tool for dealing with workplace problems in a discrete and controlled way: 'If you have an issue with an employee or someone else who works for you, negotiating a mutually acceptable resolution is often the best way to deal with things.  Recording the terms of that resolution in a settlement agreement ensures there can be no…

Developments In Employment Law And Changes Expected In April 2018

There have been some significant cases in employment law recently, with further developments expected this year as several ongoing cases work their way through the appeals system.  There are also increases to pay rates and new rules on tax and national insurance contributions due to come into effect in April. Gillian Reid, employment law specialist at Ware & Kay Solicitors in York, Wetherby & Malton summarises some of the recent cases of note concerning the gig economy and entitlement to paid holiday and provides an overview of the expected April changes. Gig economy Cases affecting the rights of individuals working in the gig economy hit the headlines in 2017, as individuals described as self-employed sought to argue the right to be recognised as workers with entitlement to certain employment rights, including paid holiday. These cases…

How To Reduce Sickness Absence At Work

The average British worker takes 4.4 days' sickness absence every year and minor illnesses such as coughs and colds are often cited as the reason.  However, more days are lost on average to more serious complaints such as back, neck and muscle pain. High levels of sickness absence can lead to reduced production, low staff morale, increased costs and poor customer service.  For small employers in particular this can be very disruptive.  Gillian Reid employment law solicitor at Ware & Kay in York, Wetherby & Malton advises what steps you can take to reduce sickness absence within your organisation. Sickness absence policy You should have a sickness absence policy in place so that employees understand what is expected of them.  It should set out your arrangements for sick pay and for reporting and managing sickness…

What You Need To Know About Employing Foreign Nationals Or Helping A Foreign National To Set Up Business In The Uk

Many businesses rely on foreign nationals to fill skills shortages in the UK and to help get new ventures off the ground. However, recent measures aimed at reducing net migration may make this more complicated going forward.  For businesses reliant on foreign workers, the time has come to consider if the costs of recruiting outside of the UK outweigh the benefits. Gillian Reid, employment lawyer at Ware & Kay Solicitors in York, Wetherby & Malton looks at the rules on employing foreign nationals, obtaining a business visa and setting up a business in the UK.  She also looks at how to challenge decisions refusing foreign nationals entry to the UK or permission to remain. Employing foreign nationals You can employ many categories of non-UK nationals without special permission. These include those with indefinite leave to…

Challenges Of The Festive Season An Employer`s Guide

Goodwill may be in short supply when you start to receive a flurry of holiday requests for the Christmas and New Year period or if winter travel disruption leaves you short staffed. The Christmas party could also end in more than just a hangover if clashes between co-workers result in claims of assault, if unwanted attention leads to allegations of sexual harassment or posts on social media damage your reputation. Gillian Reid, employment law specialist at Ware & Kay Solicitors in York, Wetherby & Malton explains how planning ahead for the festive period can help to reduce any risks to your business. Holiday requests Some employers take a first come, first served approach to holiday requests for the festive period, but this may not be seen as the fairest approach, particularly if you also have…

Disability In The Workplace

Employment tribunal claims for disability discrimination can lead to the imposition of huge financial penalties for employers.  It therefore pays to be aware of your responsibilities to disabled persons under the Equality Act 2010. From determining whether it is discriminatory to ask a job applicant about their health and abilities, through justifying a refusal to allow a disabled worker to opt out of shift working, to dismissing a disabled employee for high rates of disability related absence - consideration of the law relating to disability discrimination is needed at all stages of the employee life-cycle. Gillian Reid, Employment Law Specialist at Ware & Kay Solicitors in York, Wetherby & Malton , outlines the key principles and ways to reduce the risk of claims. What is a disability? For the purposes of the Equality Act, a…