What is continuous employment? Continuous employment is a statutory concept. It is a term used to describe the length of unbroken time that an employee has worked. It can consist of the time that an employee worked for a single employer or (in some cases) can include work done for a previous employer. The period of continuous employment generally commences when an employee’s contract starts (even if the employee is not at work that day) and ends when it terminates. Why is continuous employment important? Employees may need a specified period of continuous employment in order to exercise key statutory rights in relation to unfair dismissal or the entitlement to a redundancy payment. Events that break continuity The following three situations result in a break in the continuity of employment: – Read More…
New legal right to paid parental bereavement leave
Parents who suffer the devastating loss of a child will be entitled to 2 weeks’ statutory leave, Business Secretary Andrea Leadsom announced on 23rd January 2020. The Parental Bereavement Leave and Pay Regulations, which will be known as Jack’s Law in memory of Jack Herd whose mother Lucy campaigned tirelessly on the issue will come into force in April 2020. The right to Parental Bereavement Leave (PBL) will apply to all employed parents who lose a child under the age of 18, or suffer a stillbirth (from 24 weeks of pregnancy), irrespective of how long they have been with their employer (the leave is a ‘day-one’ employment right). Parents with at least 26 weeks’ continuous service with their employer and weekly average earnings over the lower earning limit (£118 per – Read More…
Are your Contracts of Employment ready for the 6th April 2020 changes?
If an employee is going to be employed for more than one month they are entitled to a written statement of certain terms of their employment. This is commonly known as a Section 1 Statement as the requirements are contained in Section 1 of The Employment Rights Act 1996 and the requirements can be incorporated into a Contract of Employment. The Statement or Contract must be given to employees no later than two months after their employment begins. From 6 April 2020, the majority of particulars will need to be given in a single statement before the job begins. Even if the employment terminates before the end of the two-month period, the employer must still give the written statement. Current Requirements The following information is required to be given: The – Read More…
A reason hidden from the decision-maker can be the reason for dismissal
The Supreme Court has decided that an employee had been automatically unfairly dismissed as a result of protected disclosures even though the person who made the decision to dismiss her was unaware of the protected disclosures. Usually it is accepted that the reasons given by the appointed decision-maker will be the reasons for the dismissal. However, where the real reason for the dismissal is hidden from the decision-maker behind an invented reason, it is the court’s duty to look behind the invention. Provided that the invented reason belongs to a person placed by the employer in the hierarchy of responsibility above the employee, there is no conceptual difficulty about attributing to the employer that person’s state of mind rather than that of the deceived decision-maker. Legal Overview A worker must – Read More…
Employment Tribunal extends TUPE protection to workers as well as employees
In Dewhurst v Revisecatch Ltd t/a Ecourier and City Sprint (UK) Limited ET2201909/18, the London Central Employment Tribunal has held for the first time that workers qualify for protection under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). The Tribunal found that that workers falling within the definition in section 230(3)(b) of the Employment Rights Act 1996 (known as “limb (b) workers”) are protected under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006). Regulation 2(1) of TUPE 2006 defines “employee” as any individual working under a contract of service or apprenticeship “or otherwise”, but excludes the genuinely self-employed. The Acquired Rights Directive (2001/23/EC) (ARD), defines an employee as “any person who, in the Member State concerned, is protected as an employee under national law”. Article – Read More…
Over £696,000 awarded to gay headteacher who was dismissed following investigation into his sex life
The Employment Tribunal (ET) awarded a gay headteacher, Matthew Aplin, over £696,000 in compensation after he successfully brought a claim for unfair dismissal and sexual-orientation discrimination. The headteacher was dismissed by his employer Tywyn Primary School following an investigation that found Mr Aplin had sex with two 17-year old boys at his home. Mr Aplin met the two 17-year old boys on an app called Grindr and the three of them had sex. Following a Local Authority investigation, it was concluded that no criminal offence had took place. There were also no child protecting issues involved. The school conducted its own disciplinary investigation into whether Mr Aplin’s conduct had brought the school into disrepute, whether his conduct outside work had undermined his ability to fulfil his role, and whether it – Read More…
Installing covert CCTV to monitor workplace theft was not a breach to Article 8 right to private and family life
Article 8(1) of the European Convention on Human Rights (ECHR) states “everyone has a right to respect for his private and family life, his home and his correspondence”. Article 8(2) says there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. The case López Ribalda and others v Spain concerned installation of covert surveillance in a Spanish supermarket where there was a high level of theft. The surveillance was – Read More…
ICO updates guidance on timescales for responding to data subject requests
The Information Commissioner’s Office (ICO) has updated its guidance on timescales for responding to data subject individual rights requests. The guidance makes clear that, when calculating the one-month period for response, the day of receipt is day one rather than the day after receipt. How long do you have to comply with a request? You must comply with a request without undue delay and at the latest within one month of receipt of the request or (if later) within one month of receipt of: any requested information to clarify the request; any information requested to confirm the requester’s identity; or a fee (only in certain circumstances). You should calculate the time limit from the day you receive the request (whether it is a working day or not) until the corresponding – Read More…
Out-of-hours GP was a worker (EAT)
The Employment Appeal Tribunal has upheld the decision of the Employment Tribunal to find that a GP registered with CBCH, a company providing out-of-hours services to the NHS, was a worker under section 230(3)(b) of the Employment Rights Act 1996. The Employment Tribunal had found that the doctor was a worker despite the fact that from October 2015 she was paid through a limited company. The judge noted the main features of the GP’s role, including that she had worked regular shifts for around 12 years, but that there was no mutuality of obligation; she did not need permission to perform work outside CBCH’s activities; she provided her own medical equipment and indemnity insurance; and she was required to work personally for the provider and could not send a substitute – Read More…
No pro rata reduction in holiday pay for part year workers (Court of Appeal)
On 6th August the Court of Appeal upheld the decision of the Employment Appeal Tribunal from 6th March 2018 in the case of Brazel v The Harper Trust. The Court of Appeal considered whether the holiday entitlement of part-year workers on permanent contracts should be prorated to that of full year workers to reflect the fact that they do not work throughout the year. The Claimant, Ms Brazel, was a part-time music teacher working mostly during term time. She was engaged on a ‘zero hours’ contract and had a contractual right to 5.6 weeks holiday pay, mirroring her statutory right. Rather than calculating the basis for holiday pay by the methodology set out in section 224 Employment Rights Act 1996, the Respondent calculated it on the basis of 12.07% of – Read More…
