In a recent case brought by a Spanish trade union, Federación de Servicios de Comisiones Obreras (CCOO), the Court of Justice of the European Union (CJEU) held that employers should have a system for measuring daily working hours for its employees. Under the EU Working Time Directive (WTD) Member states are required to ensure staff … Continue reading European Court Highlights Timely Issue
After a period of some uncertainty, HMRC has confirmed that the Enterprise Management Incentive (EMI) regime remains unchanged, and recent research has served to underline the importance of the scheme. What is an EMI? An EMI scheme is an approved employee share scheme which allows employers to offer share options to key employees as a … Continue reading Considering Enterprise Management Incentives
Can discretionary bonuses paid to employees become contractual? In the case of Bluestones Medical Recruitment Ltd V Swinnerton, the Employment Appeals Tribunal (EAT) held just that. The claimant had worked for Bluestone in several different roles, eventually as a General Manager. In his earlier roles, his contract referred to him receiving a discretionary bonus. However, … Continue reading Tribunals Case Highlights Need to Be Wary over Employee Bonuses
Haulage contractors and other vehicle operators are being urged to review the employment status of their drivers, following a recent update of the statutory guidance from the Traffic Commissioner. The Commissioner’s update states that it is considered rare for a driver to be genuinely self-employed, unless the individual owns the vehicle they are driving. Even … Continue reading Are Your Drivers Really Self-Employed?
According to a recent case in the High Court, directors can be held personally liable for breaches of an individual’s employment contract. In the case of Antuzis V DJ Houghton, the claimants were employed by Houghton for long hours being paid less than the statutory minimum wage. They were frequently not being paid the amounts … Continue reading Can Directors Be Personally Liable for Breaches of Employment Contracts?
HMRC have published the statutory rates for Maternity pay, Paternity pay, Shared Parental pay, Adoption pay and Sick pay for use from April 2019. Statutory Maternity Pay (SMP) will rise from £145.18, or 90% of the employee’s average weekly earnings, if this is less than the statutory rate, to £148.68. This change will occur on … Continue reading New Statutory Payment Rates From April 2019
Following on from the Chancellors Budget, further changes will affect how you pay your employees from April 2019. It has been confirmed that the National Living Wage for workers aged 25 and over will be increasing from £7.83 to £8.21 per hour. The complete list of changes from April are: Current Rate From April 2019 … Continue reading National Minimum Wage and Auto Enrolment Rates from April 2019
A recent appeal case brought before the Supreme Court has highlighted the need for more clarity relating to employment status. The case was first heard by the Employment Tribunal when engineer, Gary Smith, claimed that he had been unfairly dismissed by Pimlico Plumbers following a heart attack, after having worked for the company for 6 … Continue reading Think Your Workers Are Self Employed? Think Again
If you and your employees club together to take a chance on the Lottery by operating a workplace syndicate, but you do not have a formal agreement in place, a large win could cause tax issues in the future. If ever you are fortunate enough to win the jackpot, the winnings will undoubtedly be … Continue reading Don’t Be a Lottery Loser – Protect Your Syndicate Winnings
Over the course of the next two years Auto Enrolment Pension contribution rates are rising. These changes will affect you as an employer as well as your employees. Currently the total minimum amount is 2% of qualifying earnings, of which the minimum for the employer to pay is 1%. This means that the employee normally … Continue reading The Rising Tide of Auto Enrolment