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Enhanced Redundancy Payments and Settlement Agreements

Enhanced Redundancy Payments and Settlement Agreements

If an employee is being made redundant they will be entitled to a period of notice and, for those with at least two years’ service, a statutory redundancy payment.  They should also be paid in respect of accrued but untaken holidays, if appropriate.

Statutory redundancy payments can be relatively small therefore some employers offer a payment in excess of the statutory minimum – usually called enhanced redundancy payments.  This can be offered for a variety of reasons: 

  • it may be that it forms part of

Statutory Notice and Statutory Redundancy Payments Based on Full Pay not Furlough Pay

Statutory Notice and Statutory Redundancy Payments Based on Full Pay not Furlough Pay

The government has recently legislated to ensure that if a furloughed employee was made redundant, certain statutory payments would be calculated with reference to the employee's normal pay and not with reference to their reduced furlough pay.

The government suggested that throughout the pandemic it had urged businesses to do the right thing and calculate payments for employees being made redundant with reference to their normal pay, rather than their reduced furlough pay. While the majority of businesses had done so, the government was aware

Right to a Written Employment 'Contract' From Day 1

Right to a Written Employment 'Contract' From Day 1

Currently, employers are only required to give new employees a written employment 'contract' stating their main terms and conditions within two months of starting work.

Following the governments Good Work Plan, the requirements will change for those starting work on or after 6 April 2020. In summary, the changes are:

  • The obligation will extend to 'workers' as well as employees
  • It must be provided on or before the date on which they start work
  • Only certain limited information can be provided later
  • The

Ethical Veganism - A Protected Belief Under The Equality Act 2010

Ethical Veganism - A Protected Belief Under The Equality Act 2010

In the recent case of Casamitjana v League Against Cruel Sports an employment tribunal ruled that ethical veganism can be a philosophical belief worthy of protection under the Equality Act 2010.

It is well known that the Act (which protects against discrimination, harassment and victimisation) covers religion and religious beliefs. It is less well known that it can also extend to certain philosophical beliefs.

In concluding that the claimant's beliefs were worthy of protection the tribunal took into account his dedicated and strict adherence to

Government Launches Consultation on Sexual Harassment in the Workplace

Government Launches Consultation on Sexual Harassment in the Workplace

The government has just launched a consultation on how to tackle sexual harassment in the workplace. The consultation seeks views on how employers can be encouraged to better prioritise the prevention of sexual harassment.

Consideration is being given to a new duty to require employers to actively protect staff from harassment in the workplace. This would enhance current requirements by placing a preventative duty on employers to take action, for example, implementing an equality policy, raising awareness, providing training and dealing effectively with complaints.

The

Tribunal to Determine Whether Veganism Should Receive the Same Legal Protection as Religion

Tribunal to Determine Whether Veganism Should Receive the Same Legal Protection as Religion

It is fairly well known that the Equality Act 2010 affords protection against discrimination, harassment and victimisation on the basis of religion (or religious beliefs).

Perhaps less well known is that it can also provide protection in relation to certain philosophical beliefs.

To be protected such philosophical beliefs must be more than an opinion or viewpoint - it must be a genuinely held belief in relation to weighty and substantial part of human life and behaviour. It must also be serious and important, and have

Acas Early Conciliation - Increase From Previous Year

Acas Early Conciliation - Increase From Previous Year

The Advisory, Conciliation and Arbitration Service (Acas) has published statistics on its early conciliation (EC) service for the period April to June 2018. The statistics show that the total number of EC notifications had increased by 53% as compared to the equivalent quarter of 2017. The figures also show an increase in the proportion of EC cases which thereafter proceeded to a full employment tribunal claim: 23% of EC cases went forward compared to only 17% in the same quarter for 2017.

Acas early conciliation

Acas Publishes New Advice on Job References

Acas Publishes New Advice on Job References

Acas, also known as The Advisory, Conciliation and Arbitration Service, has produced new guidance on job references. Aimed at both employers and employees, it is based around the most frequently asked questions put to the Acas helpline. It explains what references are and provides information on what they should include, when they are required and how to deal with issues or problems. In particular, the guidance covers the following common questions:

  • Does a reference have to be provided?
  • What can a reference include?
  • Can an

Only 6% of UK working traditional 9am-5pm hours

Only 6% of UK working traditional 9am-5pm hours

Working nine-to-five is no longer the working norm according to a YouGov survey.

The survey reveals that a mere 6% work the traditional 9am-5pm workplace hours. Interestingly, only 14% of those polled would opt for these hours if given the choice.

A significant proportion (66%) said they would prefer to start earlier and finish earlier, with the most preferred options being 8 till 4 or 7 till 3.

Whilst this reflects a shift in labour requirements generally, it also shows a change in attitudes towards

Sickness Absence at Lowest Rate on Record

Sickness Absence at Lowest Rate on Record

Recent figures from the Office for National Statistics establish a significant fall in the number of sick days employees are taking off work. The figures reveal that employees took off an average of only 4.1 days in 2017, compared to 7.1 back in 1993 (the year records began).

The available data shows that the sickness absence rate started slowly decreasing in 1999, and continued to fall following the 2008 credit-crunch. There will be a multitude of factors contributing to this. It is suggested that the

More than £390,000 of Employment Tribunal Awards Unpaid Due to Insolvency

Figures obtained from a freedom of information request to the Department for Business, Energy and Industrial Strategy (BEIS) reveal that over £390,000 of employment tribunal awards remained unpaid in 2017 due to insolvency of the employer.

The real amount may be significantly higher as BEIS is only aware of unpaid awards when it is notified by a claimant. Experts suggest that these figures could be indicative of there being an element of "phoenixing", where an employer intentionally becomes insolvent to avoid the debt, and then

Fathers' Rights in the Workplace - Government Response

Fathers' Rights in the Workplace - Government Response

The government has recently published a response to the Women and Equalities Committee report on Fathers and the Workplace.

In March 2018, the Women and Equalities Committee published a report, Fathers and the Workplace, calling on the government to make improvements to fathers' rights at work. This included, for example, removing the qualifying period for paternity leave to make it a right "day one" from the first day of employment, and increasing the rate of statutory paternity pay to 90% of earnings.

The government has

Taxation of Termination Payments to Employees - New Rules in Force

Taxation of Termination Payments to Employees - New Rules in Force

Termination payments are often made to employees when the termination of their employment is governed by a settlement agreement. New rules affecting the taxation of termination payments came into effect on 6 April 2018.

What are the changes?

There has been a change to the taxation of 'payments in lieu of notice' (PILONs), which are commonly part of any overall settlement.

Where employment terminates on or after 6 April 2018, there will now be no distinction between contractual and non-contractual PILONs. Both will now be

The Abolition of Employment Tribunal Fees

The Abolition of Employment Tribunal Fees

Following the abolition of employment tribunal fees, many questions remain. We will aim to clarify the situation as it currently stands.

When were tribunal fees abolished?

They were abolished on 26 July 2017, following a ruling by the Supreme Court that they were unlawful.

I have already paid tribunal fees - can I reclaim them?

Yes.

The government is putting in place a system to reimburse those who have had to pay employment tribunal fees in relation to their claim. The details of the

Sexual Harassment in the Workplace - What You Need to Know

Sexual Harassment in the Workplace - What You Need to Know

In August 2016 a TUC survey of 1,500 women found that more than half of women of the women surveyed have experienced sexual harassment in the workplace. Sexual harassment is a key issue in the workplace today that has a severe impact on employers and employees. With this in mind we look at what you need to know about sexual harassment at work.

What is Sexual Harassment?

Sexual Harassment is a broad term that covers a variety of situations. Both men and women can be