Employment Status

The articles featured on hrlaw.co.uk were correct at the time of publication and should not be relied on or treated as a substitute for legal advice relevant to particular circumstances. Please contact us if you require legal assistance on any employment issues.

GIR Practitioner's Guide to Global Investigation: Employee Rights: The UK Perspective

The second edition of  Global Investigations Review (GIR): Practitioner’s Guide to Global Investigations  has now been published. James Carlton, Sona Ganatra and David Murphy of Fox Williams’ dispute resolution and employment teams...

Five myths about fixed-term employment contracts

When used correctly, fixed-term employment contracts are an effective tool for matching staffing levels with the needs of the business. However, there are some surprising myths about fixed-term employment contracts that can lead even seasoned HR...

Employee shareholder contracts - HRLaw's need to know guide

From September 2013, employers will be permitted to give a new employee shares in the employer’s business in return for the new employee giving up some fundamental employment rights.  Shares awarded under the new arrangements enjoy generous tax...

Top tips for avoiding claims in relation to fixed term contracts

Fixed term contracts are a favoured tool for employers looking for both certainty and flexibility in their workforce. However, it is a common misconception that fixed term workers have less employment protections than permanent employees. There are a number...

Aunty advises on Team Moves

Dear Aunty I am a CEO of a wealth management business (“the Company”).  Recently the Company bought out a traditional stock broking firm and took over its employees.  After we bought the firm, one senior member of staff, John Smith...

Summary of where we are with the various Government consultations into simplifying/updating employment law

We were bombarded through the autumn with news of the Coalition’s proposals on reforming employment law via various initiatives and from various government departments. As a result there are currently a number of consultations currently underway. ...

LLP Member cannot pursue a whistle blowing claim.

The Court of Appeal yesterday handed down its judgment in Clyde & Co v Bates van Winkelhof in which it was decided that a true partner cannot also be a worker and cannot, therefore, bring a whistle blowing claim. This follows just a few months on from...

Auntie looks at the most recent developments with pensions auto-enrolment

Dear Auntie I am the CEO of a medium-sized company, “Up-and-Coming”, which has around 200 employees. I have been reading a lot in the papers recently about the pensions auto-enrolment scheme, but am unsure of how it will impact us, when the...

Documenting sabbaticals

In the current economic climate, many employers are using career breaks to retain staff but cut costs. The generation “X” demand for more flexibility in their career has also seen a rise in employees seeking to take time off to spend time with...

Suspension of Employees during Disciplinary Proceedings - Approach with Caution!

We have seen an increasing trend for employers suspending employees during disciplinary proceedings almost as a matter of course. However, this is a risky approach which can trigger a number of claims, and so it is an area to be approached with caution....

Aunty looks at the top five matters to consider when deciding to offer work placements or internships.

Dear Auntie, We are receiving an increasing number of requests from graduates who are offering to work for free in exchange for work experience.  This is quite tempting given that it means we can have more hands on deck without increasing our head...

Top tips on steps to take when greeted by an employment tribunal claim

Tribunal Services’ statistics for 2010/2011 show that employment tribunal claims were up 77% on the figures for 2008/2009. Its clear from these figures that employees are far more willing to bring claims, which in turn, means that you are now far more...

Status Symbols - What factors will decide whether your partners are employees?

The recent Court of Appeal decision in Tiffin v Lester Aldridge might appear to give partnerships the certainty that fixed share partners are not employees and cannot, for example, sue for unfair dismissal. However, such a view is too simplistic. Firms...

Should employers be jubilant about the Queen's Diamond Jubilee bank holiday?

Dear Auntie, The Queen’s Diamond Jubilee provides an extra bank holiday this year on Tuesday 5 June. How will this effect my staff’s holiday entitlement for 2012 and should I be taking any steps to deal with this? Regards, Mrs Windsor ...

Employed or Self-Employed - that is the question

Dear Auntie, I am a partner in a small financial advisory firm which is an appointed representative of a major network.  We hire a number of independent financial advisors as sales consultants on a self-employed basis. I’ve heard that...

Avoiding redundancies: Top tips to save costs without (permanently) losing staff

Whilst planning how to save costs in a business is a difficult and stressful and the ‘quick fix’ of lowering head count might be attractive, HR practitioners should not jump to the conclusion that redundancies are an inevitable part of the...

The Agency Workers Regulations - what are they all about?

Dear Aunty I know the Agency Worker Regulations are coming into force soon but I haven’t had a chance to find out what they are all about.  Please can you give me a quick bullet point guide which I can share with my team and the managers in our...

The Olympic Games 2012: One year to go - are you ready?

Dear Auntie With only one year to go to the London Olympic Games, we need to start planning and getting in shape! The summer holidays always cause a headache for us in the HR team, but we are expecting August 2012 to be even more challenging when the...

Getting in shape for the 2012 Olympic Games

Dear Auntie, I have already received some holiday requests in relation to the 2012 Olympic Games, even though they are over a year away. Is it too early to start thinking about the Olympics already? Miss Onya Marks Dear Onya, Any employer could be...

Hrlaw's Top Tips to stop the Agent turning Employee

Businesses often worry that temporary agency workers have become their employees, particularly if the individual has been working for the company for a number of years and is integrated into the business through access to the same training sessions and...

"Self-protection" no excuse for employees taking employer's confidential information

Fox Williams LLP has successfully represented the claimants in the recent case of Brandeaux Advisers (UK) Ltd and others v Chadwick [2010] in which the High Court has held a senior employee to be in repudiatory breach of contract and breach of trust by...

New Year, New Problems

New year, new problems.. 2010 saw key developments in case law which Ozlem Kulle and Helen Besch outline in their articles. This article highlights key cases that are likely to be decided in 2011. Age discrimination The ECJ is considering in the German...

2010 case round up (part 2)

This is the second serving of our selection of key cases from 2010.  1. KRAFT FOODS v HASTIE – age discrimination / justification For more details of this case, see our Ask Auntie piece from our August 2010 newsletter . Summary:  ...

2010 case round up (part 1)

2010 was a very busy year for employment tribunals and courts with plenty of interesting cases.  Here are our chosen case highlights: 1. Compensation in discrimination cases – stigma loss Chaggar v Abbey National plc [2010] IRLR 47 The...