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13 November 2014 Employment advice

Employees are entitled to receive 'trivial' benefits from their employer such as seasonal gifts tax free. There is no monetary limit set for gifts but HMRC suggests that larger employees should agree an upper limit each year with their tax office. HMRC guidance includes the following items as trivial: a turkey (but not a hamper), a box of chocolates, one or two bottles of ordinary wine (but not a case). Gifts to staff are tax deductible in the employer's accounts as staff welfare payments, whether trivial or not. Published: November 2014 Contact us: For further advice on your employment issues contact Gillian Reid on 01904 716050 or Gillian.Reid@warekay.co.uk.
12 November 2014 Employment advice

There is no obligation to allow suspended employees to attend work-related functions. In fact doing so could be seen as inconsistent with the decision to suspend the employee in the first place. Employers should make it clear to employees that during the suspension period, they are not to report to work or contact colleagues or clients.  This should preclude them from attending functions as the guest of another colleague, for example. Employers should always be satisfied that they have reasonable grounds for suspension from the outset, so as to avoid breaching the implied term of mutual trust and confidence. Published: November 2014 Contact us: For further advice on your employment issues contact Gillian Reid on 01904 716050 or Gillian.Reid@warekay.co.uk.
10 November 2014 Firm updates

WARE & KAY SAVES THE DAY AS SPONSORS INSPIRE TADCASTER ALBION TO LATE VICTORY Man of Match Liam Ormsby Published: November 2014
03 November 2014 Firm updates

Two members of staff from the York office of one of Yorkshire's leading law firm's Ware & Kay Solicitors Ltd have been looking a little hairer this month, as they take part in Movember.  Spectacular moustches have been grown and so far they have raised over £200 for charity. Movember is an annual charity with a simple idea: to grow a moustache in November and raise money and awareness of men's health, specificially prostate and testicular cancers. David Hyams, Director and Charles Stent, Solicitor (both in the Commercial Team) decided to put themselves forward for the challenge. In addition, after growing moustaches during the whole of the month they also took part in a MoRun with other MoRunners in Leeds. David Hyams said: "I am delighted to support this great cause and get involved.  It is…
02 November 2014 Employment advice

In a judgment handed down by the Employment Appeal Tribunal on 4th November 2014 in the case of Bear Scotland v Fulton (and conjoined cases) the Working Time Directive requires holiday pay to be calculated so as to include overtime, including non-guaranteed overtime, as part of normal remuneration, and that it is possible for the Working Time Regulations 1998 to be construed accordingly. However, this only applies to the four weeks' annual leave derived from the Working Time Directive, not the additional 1.6 weeks provided by regulation 13A of the Working Time Regulations 1998. The Employment Appeal Tribunal also found that it was not open to employees to claim that they had suffered a series of deductions (for the purposes of the unlawful deductions from wages provisions of the Employment Rights Act (1996) by linking…
01 November 2014 Firm updates

This Movember, Ware & Kay Solicitors Ltd will be raising vital funds and awareness for men's health.  David Hyams, Director and Charles Stent, Solicitor (both in the Commercial Team) at the York office have decided to put themselves forward for the challenge. The Movember Foundation is the leading global organisation committed to changing the face of men's health.  They achieve this by challenging men to grow moustaches during Movember (the month formerly known as November) to spark conversation and raise funds for prostate cancer, testicular cancer and mental health problems. The team at Ware & Kay think this is a very worthy cause because too many men are dying unnecessarily from prostate cancer.  Each year, 40,000 men in the UK alone are diagnosed with prostate cancer. The Movember Foundation is working tirelessly every day with…
28 September 2014 Employment advice

Employers must avoid unlawful discrimination in any dress code policy. Employers may have health and safety reasons for having certain standards. Dress codes must apply to men and women equally, although they may have different requirements. Reasonable adjustments must be made for disabled people. Dress codes should relate to the job and be reasonable in nature. Consulting with employees over proposals may help to ensure that the dress code is acceptable to all. The dress code should be in writing and be communicated to all employees. Employees may dress in a certain way for religious reasons: any restriction should be connected to a real business or safety requirement. Employers should work with employees to allow them to manifest their faith in a suitable way. Employers should have sound business reasons for requiring tattoos to…
25 September 2014 Employment advice

The National Minimum Wage will change from 1 October 2014. The new rates will be as follows: The standard adult rate (for workers aged 21 and over) will rise by 3% to £6.50 an hour (up 19p from £6.31). The youth development rate (for workers aged between 18 and 20) will rise by 2% to £5.13 an hour (up 10p from £5.03). The young workers rate (for workers aged under 18 but above the compulsory school age who are not apprentices) will rise by 2% to £3.79 an hour (up 7p from £3.72). The rate for apprentices will rise by 2% to £2.73 an hour (up 5p from £2.68). The accommodation offset will rise by 3.5% to £5.08 a day (up 17p from £4.91).   The increases follow recommendations from the Low Pay Commission…
11 September 2014 Employment advice

Currently, unpaid parental leave is available to birth and adoptive parents and also to anyone who has, or expects to have, parental responsibility for a child and has been continuously employed for not less than one year at the time the leave is to be taken. The right applies in respect of each child: an employee with one qualifying child may normally take 18 weeks' leave, an employee with two children would be entitled to 36 weeks' leave in total. From April 2015 new mothers and their partners, who are eligible, will be able to share up to 52 weeks of leave in total, between them, either in alternating blocks or taken together (subject to final Parliamentary approval). The right will apply to agency workers as well as employees. Employees expecting babies on or after…
09 September 2014 Employment advice

A right for eligible employees and agency workers to accompany their wives, partners or expectant mothers to antenatal appointments is to be introduced from 1 October 2014. Qualifying individuals will be allowed to take unpaid leave to accompany a pregnant woman to two antenatal appointments, for up to a maximum of six and a half hours for each appointment. Employers will not be entitled to ask to see the actual appointment card or letter, but can ask the employee for a signed declaration stating the details of the appointment, how the employee is eligible to attend and confirming the time off is for the purpose of attending the ante-natal appointment which has been made following medical advice. The following employees and agency workers are eligible to attend: the baby's father; the expectant mother's spouse…
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