The Government is considering how they can make the tax and National Insurance treatment of taxation of termination payments simpler and fairer and is seeking views from interested parties as to how this can be achieved. At present, there is a £30,000.00 termination payment which can be made free of tax and National Insurance providing […]
ACAS Early conciliation one year on
It has now been just over a year since it became mandatory for the parties to use ACAS EC before proceeding with a claim before the Employment Tribunal save for in limited circumstances where the exceptions apply. ACAS have now published their annual report setting out how they have got on in the first year. […]
Guides on surrogacy and antenatal time off
Acas receives around 39,000 calls to its helpline each year from employers and employees about parental issues, including time off for antenatal and adoption appointments. One can imagine with the recent changes in this area and the complexity of the new rules on shared parental leave that this figure will only increase. In response to demand, ACAS has produced […]
Consultation time
It is time to have your say on a number of number of employment law issues. So if you are one of those people who wants to have their voice heard or you just have an interest in the subject matter you should provide your views on the subject. There have been numerous consultations opened […]
Sick leave and holiday pay
In Plumb v Duncan Print Group Ltd, the EAT has held that Reg 13(9) of the Working Time Regulations must be read to permit a worker to take annual leave within 18 months of the end of the leave year in which it accrued where he or she was unable or unwilling to take it […]
ACAS published new pay guide
ACAS have published a guide for small employers and line or team managers in larger organisations around the importance of getting pay correct. It covers wages slips and deductions including handling pay for absences and on termination. It is a useful starting point for employers on the basics of pay issues in the workplace and […]
When to consult?
One of the key questions on an advisory basis for employers is when does the duty to consult arise. The short answer is when the proposal is at a formative stage but the EAT recently considered the matter in the case of Ivor Hughes Educational Foundation v Morris [2014] in the case of a collective […]
Disclosing your own wrongdoing to the boss
All employees have an implied duty of fidelity applies in their employment contract. However it is well established that employees are not under a general duty to disclose their own misconduct to their employer. The exception would be where the employee is at a senior level such as the director or senior manager where he would be obliged to report […]
Pension auto-enrolment time ticking
The timer is now ticking for small employers (those with fewer than 50 employees) to complete the auto-enrolment process. The 1st June 2015 is the start of the staging date for them to automatically enrol eligible “jobholders” in a pension scheme which has to be completed by 1 April 2017. A “jobholder” includes permanent, fixed-term and temporary […]
Failure to comply with ACAS EC requirements
Two recent decisions concerning failures to comply with the ACAS Early Conciliation procedures have been heard before the EAT. The first was the case of Sterling v United Learning Trust where the Claimant submitted her ET1 missing some digits from the EC number on the form. The form was returned by the Tribunal. Her representative […]