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New National Minimum Wage Rates

The draft National Minimum Wage (Amendment) Regulations 2018 were published on 6 February and provide for the following changes to the National Living Wage (NLW) and the National Minimum Wage (NMW) rates with effect from 1 April 2018: The NLW, which...

Unfair Competition by Former Employees - The Law Can Move Fast!

If key workers leave your employment and you are concerned that they may breach their contracts by setting up in competition, the law can move fast to protect you. That was certainly so in one case in which four former employees of a fashion company were...

Government Responds to the Taylor Review of Employment Practices

In October 2016, the Prime Minister commissioned Matthew Taylor, Chief Executive of the Royal Society for the Encouragement of Arts, Manufactures and Commerce and a former policy chief under Tony Blair, to look at how employment practices need to change in...

Unfair Dismissal - What Matters is the Decision Maker's Mindset

For an employee to succeed in a claim of unfair dismissal, they must be able to show that their employer has acted unreasonably, and unfair conduct on the part of individual colleagues or managers is immaterial unless it can properly be attributed to the...

Airline Pilot Strikes Crucial Blow for Trade Union Rights

It has long been unlawful to refuse to employ someone because of his or her trade union membership. However, in a ground-breaking decision, a tribunal has extended that protection to non-union members who have engaged in union activities ( Jet2.com Limited v...

Recruitment Vetting Must Be Reasonable and Respect Human Rights

The police and other public authorities have recruitment vetting policies in place that are designed to ensure that staff taken on are people of integrity. However, as one High Court case showed, such policies must be reasonable and take account of job...

Workplace Mobility Clauses - EAT Guidance

Mobility of labour is vital to any modern economy and many employment contracts require staff to relocate from one workplace to another if their employer's business demands it. One such clause came under consideration in a case in which a charity worker who...

Restrictive Covenants and Unlawful Restraint of Trade

Restrictive covenants in employment contracts are worthless if they are so broad as to amount to an unlawful restraint of trade. The Court of Appeal reiterated that point in enabling a senior recruitment consultant to take up a position with a competitor of...

Employment Status - Uber Must Take its Case to the Court of Appeal

After the Employment Appeal Tribunal upheld the decision of the Employment Tribunal that Uber drivers are workers, rather than being self-employed, and thus have the right to be paid the National Minimum Wage or the National Living Wage and to receive...

Part-Time Workers and Discrimination

The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (PTWR), which came into force on 1 July 2000, established a minimum standard of fairness for part-timers so that they cannot be treated less favourably than comparable...
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