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Insights

Employees working from home

Posted on 06th April 2020 in Employment, Coronavirus Pandemic

The number of employees working from home has increased significantly following government advice to avoid unnecessary travel and to encourage employees to work from home where possible.

Posted by

Joanna Parry

Associate and Solicitor

Insights

What is IR35 and how can it affect my business?

Posted on 12th March 2020 in Employment

To put it simply, IR35 legislation is designed to close a tax loophole where individuals avoid paying employee income tax and national insurance by using a ‘middleman’ correctly known as an intermediary, and paying themselves dividends.

Posted by

Stephen Jennings

Partner and Solicitor

Insights

Do on call workers who are not at their workplace need to be paid Minimum Wage?

Posted on 08th August 2019 in Employment

There has been much case law over recent years about when on call workers are entitled to be paid. The Scottish EAT has now added to the vast amount of case law on the matter, by hearing the case of; Truslove and another v Scottish Ambulance Service. Truslove confirms the current position, which is that where a worker is required to remain at the workplace and available for work with a view to providing their services at some point, this will amount to working-time and not a rest period. This is the case even if the worker is allowed to sleep and so the worker is entitled to be paid for their time.

Posted by

Stephen Jennings

Partner and Solicitor

Insights

Disability discrimination without the disability

Posted on 25th June 2019 in Employment

A new Court of Appeal decision highlights the unusual case of an employee who successfully brought a disability discrimination claim even though she is not, and is not likely ever to be, disabled.

Posted by

Stephen Jennings

Partner and Solicitor

Insights

Case study for employers on suspension in disciplinary proceedings

Posted on 11th March 2019 in Employment

You may remember that we reported on the case Agoreyo v London Borough of Lambeth where the High Court held that the suspension of a teacher to allow for a misconduct investigation was not a neutral act and amounted to a breach of the implied term of mutual trust and confidence. This case was appealed to the Court of Appeal which has overturned the decision.

Posted by

Joanna Parry

Associate and Solicitor

Insights

Case study on why suspension for misconduct is not a neutral act

Posted on 06th September 2017 in Employment

In the recent case of Agoreyo v London Borough of Lambeth, the High Court held that the suspension of a teacher to allow for a misconduct investigation was not a neutral act and amounted to a breach of the implied term of mutual trust and confidence.

Posted by

Stephen Jennings

Partner and Solicitor

Insights

Do you need a volunteer agreement?

Posted on 24th March 2017 in Employment

Most voluntary organisations will have a combination of employees (or workers) and volunteers, and the difference is significant.

Posted by

Stephen Jennings

Partner and Solicitor

Insights

Should employers provide workplace benefits to volunteers?

Posted on 27th February 2017 in Employment

Volunteers give up their free time to support charitable organisations and there is often the temptation to provide benefits as a way of saying thank you. But be careful. Well-meaning charities have come unstuck by providing volunteers with benefits that are too generous, inadvertently leading to an implied employment relationship.

Posted by

Stephen Jennings

Partner and Solicitor