Business Employment Law

Jordans Spring 2012 Commercial Newsletter

New employmenjt regulations come into force as of October 2010 Increases to the national minimum wage From 1st October the new minimum hourly rates are: Standard (adult) rate to apply to all workers (other than first year apprentices) aged 21 and over, £5.93 (rising from £5.80). Development rate to apply to workers aged between 18 and 20, £4.92 (rising from £4.83). Young workers rate to apply to workers aged under 18 but above the compulsory school age who are not apprentices, £3.64 (rising from £3.57). Apprentices are no longer exempt; a new minimum wage for apprentices of £2.50 is introduced.…

Just because you look like an employee, and act like an employee, it doesn’t mean you’re an employee – Official.

Many contractors, who are really employees, wrongly pretend to HMRC that they have self-employed status. Yet they turn up to work every day, are controlled by the employer, not allowed to substitute a different person to undertake the work and have all the hallmarks of being employed. In a recent Court of Appeal case it was held that two such workers could later argue they were employed when it suited them. This case should serve as a warning to employers to be absolutely sure that workers are really self-employed, otherwise their contractors might later bring unfair dismissal claims if their…

For so-called age equality legislation, the EU directive on age discrimination is proving pretty ageist. In September, the advocate general (AG) of the European Court of Justice held that it was perfectly lawful to force healthy, fit 65 year olds out of their jobs whether they like it or not. In most cases, this AG’s opinion will be followed by a decision along the same lines by the Court.

In December, Mercer undertook a survey that showed 35% of international firms expected to make substantial redundancies in 2009.

Employment lawyers are inundated with work at present, given the huge numbers of redundancies in the UK. The rules can be complex and many companies end up in front of employment tribunals when they do not follow proper procedures or unfairly pick someone for redundancy.

On 6th April important changes to employment law came into effect. Sadly many of firms are in the process of releasing staff sometimes by reason of redundancy at present and the rules on this have changed.

At the end of April the Government published the Equality Bill. The bill’s most discussed provision, however, which would have required employers to publish the differences between male and female earnings, will only be enforced if too few firms with over 250 employees do not voluntarily publish such details by 2013.

As we all know, the Cabinet has agreed that the marriage of Prince William and Kate Middleton on Friday 29 April 2011 will be marked by a public holiday.