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Employment

Employment

A casual calculation: holiday pay for irregular workers

Employers will be taking a sharp intake of breath at the recent decision of the Court of Appeal in the case Brazel v The Harpur Trust (UNISON intervening) which addresses how to calculate pay for workers and employees who work irregular hours throughout the year.

The decision

The case concludes that the current practice of paying 12.07% of annualised hours to discharge an employer’s holiday pay obligation, as set out in ACAS guidance, is no longer reliable.

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Burness admin

Let’s talk about Dementia…

As an employment lawyer, I often find myself talking about “having conversations” – whether that’s having a difficult conversation with an employee or an employer, or opening up conversations in the workplace about subjects such as mental health, discrimination, and diversity and inclusion.

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Burness admin

Government to legislate on use of confidentiality clauses

The Government has announced that it will implement new legislation on the use of confidentiality clauses or Non-Disclosure Agreements (NDAs) in the workplace.

Although the Government recognises that confidentiality clauses are used legitimately by most employers, it believes that there are a small number of cases in which confidentiality clauses are being used to cover up criminal acts in the workplace such as sexual harassment, assault and racist discri

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Burness admin

HMRC: HR Directors & Hiring Managers to apply the off-payroll worker tax rules (IR35)

Yesterday, HMRC issued hotly anticipated draft legislation to reform off-payroll working tax in the private sector. The proposed changes, which will be introduced on 6 April 2020, mean that the burden of sorting out “widespread non-compliance” will be placed on private sector companies. This will create more work between now and 6 April 2020 for HR teams’ and Hiring Managers and generate a bigger tax bill for their business.

Proposed revisions

Legislation wi

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Burness admin

What is important to you as a working parent?

As a co-chair of Burness Paull’s BeValued parents and carers networking group in Aberdeen, I meet regularly with colleagues across the firm to discuss issues that are important to our people.

We cover a variety of issues including flexible working, parent and caring responsibilities, children and social media and general wellbeing. We recently met to discuss coping mechanisms for working parents and carers.

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Burness admin

Supreme Court Guidance on Restrictive Covenants

The Supreme Court has allowed the appeal in the case of Tillman v Egon Zehnder Ltd, in what may be welcome news to employers.

Egon Zehnder (EZ), a professional services firm, specialises in executive search and recruitment. Ms Tillman was employed by them until January 2017.

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Burness admin

Two of my favourite things: Mexican food and employment law...

Jennifer Skeoch

Until yesterday, Wahaca was best-known (to me at least) for its delicious tacos - and even more delicious mojitos. But after a customer (a former Labour leader of Camden Council) posted a tweet saying she had witnessed an “eat and run”, for which the waiter would need to pay out of his wages, the story went viral and Wahaca was criticised for financially penalising staff in this way.

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Burness admin

Employment judgment: Men not entitled to shared parental leave pay at the same level as enhanced maternity pay

The Court of Appeal has today handed down its decision in two much anticipated appeal cases concerning the entitlement of men to receive shared parental leave pay equivalent to any enhanced maternity leave pay offered by their employer.

Last year in the case of Capita Customer Management Ltd v Ali, the Employment Appeal Tribunal concluded that failing to enhance shared parental leave, when employers offer enhanced maternity pay, is not direct sex discrimination against men.

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Burness admin

The Menopause: The new protected characteristic?

It’s Tuesday 21 May and I am tuned into the debate in the Scottish Parliament on #EndMenopauseStigma. As a woman of a certain age and an employment lawyer, I am interested to hear their views on how the condition fits into our current legal landscape.

Despite my eagerness to hear more about it, I will admit that the topic makes me feel uncomfortable and somewhat vulnerable.

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Burness admin

Misbehaving Employees: Who Faces the Penalties?

Andrew Clark

What do you do if one of your employees refuses to obey your reasonable instructions?

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ChrisA