York - 01904 716000
Wetherby - 01937 583210
Malton - 01653 692247
Wetherby 01937 583210
Malton 01653 692247
Legal updates

19 November 2014 Employment advice

The staff Christmas party: what employers need to know:- Sexual harassment, assault and religious discrimination claims are often rife in the workplace, following the festive celebrations. Employers are likely to remain liable for any actions taken by their employees at work-related social events (including those taking place outside the office) even where the acts are without their knowledge or approval. Employers will have a defence if they took "all reasonable steps" to prevent the act or anything similar of that description before it occurred. Employers should therefore have a policy setting out the boundaries of acceptable standards of acceptable behaviour in clear terms, including examples of unacceptable behaviour and potential disciplinary sanctions. Case law shows that employers may be perceived as condoning behaviour where they provide a free-flowing supply of alcohol, given that incidents…

13 November 2014 Employment advice

Employees are entitled to receive 'trivial' benefits from their employer such as seasonal gifts tax free. There is no monetary limit set for gifts but HMRC suggests that larger employees should agree an upper limit each year with their tax office. HMRC guidance includes the following items as trivial: a turkey (but not a hamper), a box of chocolates, one or two bottles of ordinary wine (but not a case). Gifts to staff are tax deductible in the employer's accounts as staff welfare payments, whether trivial or not. Published: November 2014 Contact us: For further advice on your employment issues contact Gillian Reid on 01904 716050 or Gillian.Reid@warekay.co.uk.
12 November 2014 Employment advice

There is no obligation to allow suspended employees to attend work-related functions. In fact doing so could be seen as inconsistent with the decision to suspend the employee in the first place. Employers should make it clear to employees that during the suspension period, they are not to report to work or contact colleagues or clients.  This should preclude them from attending functions as the guest of another colleague, for example. Employers should always be satisfied that they have reasonable grounds for suspension from the outset, so as to avoid breaching the implied term of mutual trust and confidence. Published: November 2014 Contact us: For further advice on your employment issues contact Gillian Reid on 01904 716050 or Gillian.Reid@warekay.co.uk.
02 November 2014 Employment advice

In a judgment handed down by the Employment Appeal Tribunal on 4th November 2014 in the case of Bear Scotland v Fulton (and conjoined cases) the Working Time Directive requires holiday pay to be calculated so as to include overtime, including non-guaranteed overtime, as part of normal remuneration, and that it is possible for the Working Time Regulations 1998 to be construed accordingly. However, this only applies to the four weeks' annual leave derived from the Working Time Directive, not the additional 1.6 weeks provided by regulation 13A of the Working Time Regulations 1998. The Employment Appeal Tribunal also found that it was not open to employees to claim that they had suffered a series of deductions (for the purposes of the unlawful deductions from wages provisions of the Employment Rights Act (1996) by linking…
28 September 2014 Employment advice

Employers must avoid unlawful discrimination in any dress code policy. Employers may have health and safety reasons for having certain standards. Dress codes must apply to men and women equally, although they may have different requirements. Reasonable adjustments must be made for disabled people. Dress codes should relate to the job and be reasonable in nature. Consulting with employees over proposals may help to ensure that the dress code is acceptable to all. The dress code should be in writing and be communicated to all employees. Employees may dress in a certain way for religious reasons: any restriction should be connected to a real business or safety requirement. Employers should work with employees to allow them to manifest their faith in a suitable way. Employers should have sound business reasons for requiring tattoos to…
Filter Articles
Contact us