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employment-law

Employers Face Continued Uncertainty Over Commission and Holiday Pay Following Supreme Court Refusal to Hear Appeal

Employers Face Continued Uncertainty Over Commission and Holiday Pay Following Supreme Court Refusal to Hear Appeal

Employers still face uncertainty after the Supreme Court refused to hear an appeal of a ruling that holiday pay should include contractual, results-based commission. A salesman was paid both basic pay and commission on sales. The commission varied each month, and payments in some months were the outcome of work carried out in previous months. [...]
An Employer Should be Proactive in Its Efforts to Make Reasonable Adjustments For a Disabled Employee

An Employer Should be Proactive in Its Efforts to Make Reasonable Adjustments For a Disabled Employee

When an employee becomes disabled, it may result in that employee being unable to fulfil their employment duties to the same standard they were capable of before their disability. Where the employee is disabled, the employer has an obligation to make reasonable adjustments to ensure that the employee can continue their work without disadvantage. 13/04/2017 [...]

Employers Can Dismiss Employees for Derogatory Online Comments, Even if Made Years Ago

Employers should ensure their policies, staff training, etc, make clear to employees that they must not post derogatory or insulting comments on public social media (or elsewhere) about their employer or colleagues, otherwise they may face disciplinary action - even if the posts were made several years ago. During an investigation into a bullying allegation, [...]
Employer’s Investigation Into Serious Allegations Against Employee Should Include Assessing the Employee’s General Credibility 

Employer’s Investigation Into Serious Allegations Against Employee Should Include Assessing the Employee’s General Credibility 

Employers considering disciplining an employee should, where the allegations and/or consequences are particularly serious, ensure their investigation takes into account all factors relevant to the reasonableness of their decision, including the credibility of the employee, and is not just limited to the specific allegations. An employee, a healthcare assistance, was summarily dismissed after a patient [...]

New Acas Guide on Marriage and Civil Partnership Discrimination Published

Acas has published a new guide on discrimination in the workplace on grounds of marital status, Marriage and civil partnership discrimination: Key points for the workplace. Aimed at employers, managers, HR staff, employees, trade union representatives and job applicants, it outlines UK anti-discrimination law, explains how this type of discrimination can occur at work, how [...]
Worker can be Valid Comparator in Another Employee’s Equal Pay Claim Even if their Pay is Determined by a Different Department

Worker can be Valid Comparator in Another Employee’s Equal Pay Claim Even if their Pay is Determined by a Different Department

Businesses in which female workers receive less pay than male workers (or vice versa) for what may be comparable work, should assess the risk of an equal pay claim, even if the workers are employed in different parts of the business where workers' pay is set independently, following a recent ruling. A group of over [...]