Archives: Employment

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Lateral flow tests – pitfalls

April 2021 | Employment

An interesting article considers the practical issues involved in workplace coronavirus testing and how employers can minimise the risk of claims for breaches of employment or data protection laws. The government has expanded access to workplace Covid testing but there are a number of things employers need to consider when Covid testing in the workplace. …

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Workplace Covid testing – ICO guidance

April 2021 | Employment

The ICO has issued some useful guidance on a wide range of issues in relation to workplace Covid testing that will be of use and interest to practitioners and their clients. The content includes such issues as: appropriate type of test; what to tell staff; frequency of testing; data collection and retention; and testing customers …

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Overnight shift – no full NMW

April 2021 | Employment

The SC has handed down an important decision regarding whether carers who have to do ‘sleep in’ shifts are entitled to be paid for the entire period. The SC succinctly summarised the crux of the case as: how is the number of hours in their case to be calculated for the purposes of the national …

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Aggressive texts – take care

April 2021 | Employment

The ET has recently heard an interesting unfair dismissal case which has received coverage in the mainstream media because a notable feature of the case involved the overuse of punctuation in text messages. The claimant was originally employed as a university lecturer although the subsequent employment claim relates to him taking up a post as …

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Pimlico plumbers – update

April 2021 | Employment

The EAT has heard the seemingly never-ending case involving the high-profile company Pimlico Plumbers and the case that an employee brought against it. The claimant worked for Pimlico for six years as a plumbing and heating engineer, throughout which time Pimlico maintained that he was a self-employed independent contractor with no entitlement to paid annual …

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Uber drivers – the SC decides

March 2021 | Employment

We reported in our February 2019 edition (p12) on the CA decision about the Uber drivers’ case. The long-awaited SC decision has just been released. Uber contended that their drivers were self-employed independent contractors, meaning that Uber had no work or employee obligations in relation to them. The CA upheld the earlier decisions confirming that …

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IR35 – analysis

March 2021 | Employment

We reported in our February 2021 edition (p14) on the introduction of IR35. As a follow-up, practitioners will be interested in an article which discusses the changes in more detail. The introduction of IR35 has been described as ‘the biggest shake-up of contracting in 20 years’. IR35 is the common name given to the legislation …

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Reporting – gender pay gap

March 2021 | Employment

The gender pay gap is the difference between the average (mean or median) earnings of men and women across a workforce. Gender pay gap calculations are based on employer payroll data drawn from a specific date each year. This specific date is called the ‘snapshot date’. From 2017 an employer who has a headcount of …

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