Background IR35 is tax legislation designed to combat tax avoidance by workers supplying services to clients via an intermediary. The rules apply where an individual provides services to a client through a Personal Services Company (PSC), and would be regarded as…
How to make non-compete clauses enforceable We regularly advise employers and employees on the enforceability of restrictive covenants following the end of the employment relationship. The Supreme Court in the case of Tillman v Egon Zehnder has confirmed the principle that it…
A recent Court of Appeal decision considered whether an employer’s policy to pay statutory shared parental pay but enhanced rates of maternity leave, amounts to direct or indirect sex discrimination or constitute a breach of the equal pay legislation. Shared Parental…
This was considered by the Court of Appeal in the case of Chief Constable of Norfolk v Coffey [2019]. The Facts Mrs Coffey worked for Wiltshire Constabulary as a police constable. Prior to her appointment, a medical revealed that she suffered from…
The recent case of Federacion de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE (DB), which was heard by the European Court of Justice (ECJ), is a timely reminder to all employers in the UK to ensure that they…
As the stigma surrounding mental health continues, Mental Health Awareness Week is a reminder to employers to ensure that employees struggling with mental health issues in the workplace are supported. People with mental health conditions face a constant struggle to find…
The EAT has recently held in the case of ICTS (UK) Limited v Visram that an employee would have been entitled to benefits under a permanent health insurance (PHI) scheme until death or retirement, had he not been dismissed. Facts of…
The Vento bands for injury to feelings awards in discrimination and whistleblowing claims presented on or after 6 April 2019, will increase as follows: Lower band: £900 – £8,800 Middle band: £8,800 – £26,300 Upper band: £26,300 – £44,000 If you have an questions then please…
The Employment Appeal Tribunal (EAT) has considered in the case of Tywyn Primary School v Aplin whether irregularities in a disciplinary process amounted to a breach of the implied duty of trust and confidence and discrimination. Internal disciplinary proceedings Mr Aplin is…
This question was considered in the case of North West Anglia NHS Foundation Trust v Gregg. The facts Dr Gregg commenced employment with North West Anglia NHS Foundation Trust in 2003. The Trust became aware of a number of serious concerns regarding…
