A worker on a zero hours contract has received £19,500 compensation after winning a claim for sexual harassment. Hotel worker Ms Southern claimed she had been sexually harassed for a long period by her bar manager, but delayed raising a grievance because she was worried her shift hours might be dropped. The tribunal ruled that… Read More
Agency Workers & Employment Status for Tax Purposes
Those of you who employ workers through an agency should be aware of new legislation brought in by the HMRC. This legislation stipulates that any worker supplied through an intermediary (such as an agency) will be treated as “employed” for tax purposes. The aim is to tackle employers exploiting self-employment status to avoid paying National… Read More
Outdoor Fitness & Reasonable Access to Documents
Offer + Acceptance = Contract When your employer sends you a contract of employment it constitutes an offer (the first part of a contract between two or more parties). When you sign (and return) your contract of employment to your employer it constitutes acceptance (the second part of a contract between two or more parties). However,… Read More
Data Protection & Subject Access Requests
From 01 December 2014 it will be a criminal offence for an employer to require people to use their subject access rights under (Section 56 of) the Data Protection Act 1998 (DPA) to provide certain records as a condition of employment. Section 56 prevents: Employers from requiring people to use their subject access rights under… Read More
Workers, Employees & the Self-Employed: Confused?
Employment law can be quite confusing, more so in the area of employment status. The above diagram should provide some clarity! Remember, courts give more credence to what happens in reality than what is written in the contract. View the Contracts section of the blog for further insight.
Social Media: Is There A Right to Privacy?
By Mike Emmott, Public Policy Adviser, Employee relations, CIPD: The short answer is no. The European Convention on Human Rights provides that “everyone has the right to respect for his private and family life”. However the House of Lords has held that there is no cause of action under English law for invasion of privacy.… Read More
Hong Kong High Court Considers Reasonableness of Restrictive Covenant
Introduction Many outdoor fitness, fitness boot camp and military fitness companies utilise restrictive covenants as part of their employment strategy. Although courts typically scrutinise restrictive covenants due to their natural tendency to negatively affect employees, they will uphold them when found to be fair in the circumstances of the particular case, as demonstrated below. Case… Read More
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