Entries from November 2009

What Constitutes an Employee?

November 29th, 2009 · No Comments

The recent case of Autoclenz Ltd v Belcher and others has highlighted an important issue concerning the difference between employees and workers in legal terms.
Mr Belcher and his colleagues were engaged by Autoclenz to clean vehicles for car auctions. Autoclenz supplied all the cleaning equipment and materials, charging valets 5% of their weekly wage. They [...]

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Tags: Employee Rights

Dramatic Rise in Employment Tribunal Claims

November 28th, 2009 · 1 Comment

According to the latest full-year figures recently released by the Tribunal Service, the number of claims made in the year 2007/08 reached a record high of 189,303.
The dramatic rise in cases - up 43% on the previous year - is thought to be due in large part to the ongoing recession. Many of the cases [...]

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Tags: Employment Law

Volunteers Without Contracts Not Entitled to Discrimination Protection

November 27th, 2009 · No Comments

The case of X v Mid Sussex Citizens Advice Bureau has demonstrated an important point of law regarding the rights of voluntary workers.
The claimant, “X”, was a disabled woman who worked for between four and five hours a week for the Mid Sussex Citizens Advice Bureau (CAB) on a voluntary basis. When she first began [...]

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Tags: Employee Rights · Employment Law

Widespread Support for Equal Pay Audits Among UK Public

November 18th, 2009 · No Comments

A new poll conducted for the Fawcett Society and UNISON has shown that the overwhelming majority of the British public would support the introduction of a legal requirement on employers to carry out pay audits in order to eradicate the gender pay gap.
The results of the poll were released on October 30th to coincide with [...]

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Tags: Discrimination

One in Ten Shop Workers Physically Assaulted at Work

November 17th, 2009 · No Comments

Usdaw, the shop worker’s union, has found that a shocking one in ten of all shop workers has been physically assaulted at work.
In a special survey of its members, the union also found that almost one in three shop workers (29%) has experienced verbal abuse in the last month, and that one in three employees [...]

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Tags: Employee Rights

Unemployment Insurance and Redundancy

November 16th, 2009 · No Comments

The Financial Ombudsman Service (FOS) recently upheld a complaint by “Miss J” over an insurance company’s refusal to pay her unemployment insurance after she was made redundant.
Miss J was employed by a large high street retailer. When she took out a new credit card, she also took out Payment Protection Insurance (PPI) to cover the [...]

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Tags: Employment Law

Reform to Partnership Law

November 15th, 2009 · No Comments

The Legislative Reform (Limited Partnerships) Order 2009 was made on the 21st of July, and came into force on the 1st of October. The reforms to limited partnerships that it put in place will apply to all limited partnerships whose registration applications are received after that date.
While limited partnerships were not particularly popular when they [...]

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Tags: Partnership Law

One per cent of UK Jobs Paying Less Than National Minimum Wage

November 14th, 2009 · No Comments

Almost one in every hundred jobs in the UK is still paying less than the National Minimum Wage over a decade after it was first introduced, according to the preliminary findings recently released in the Annual Survey of Hours and Earnings (ASHE) 2009.
The survey found that there were 242,000 jobs paying less than the National [...]

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Tags: Employee Rights

When is an Agent a Commercial Agent Under the Commercial Agents Regulations?

November 13th, 2009 · No Comments

Although they have been in place for over 15 years, the Commercial Agency Regulations still require occasional clarification in the Courts to determine their precise meaning in specific cases.
One of the most crucial aspects of the regulations which has been determined in recent years is the question of when the regulations actually apply.
So what exactly [...]

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Tags: Employment Law

Employees Must be Notified of Legal, Social and Economic Implications of TUPE Transfer

November 8th, 2009 · No Comments

The Royal Mail Group (RMG) has won a legal victory against the Communication Workers Union (CWU) in a case that was not related to the current wave of postal worker strikes.
The case centred on a proposed trial franchise arrangement with WH Smith that dated back to June 2006. The CWU had expressed concern that the [...]

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Tags: Employment Law