Category: Employment Law
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What is an Agency Worker?
If you are looking for work through a recruitment agency, you might wonder what your rights and obligations are as an agency worker. In this blog post, I shall explain the definition of an agency worker, the legal framework that applies to agency workers, and some of the benefits and…
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What are the Options and Procedures for an Employer to Terminate an Employment Relationship?
Terminating an employment relationship can be complex and sensitive for employers and employees. In the UK, there are various legal aspects that employers need to consider before dismissing an employee, such as the reason for dismissal, the notice period, the procedure and the potential claims that the employee may bring.…
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What is the ‘Blue Pencil’ Doctrine?
The ‘blue pencil’ is a term that refers to a legal doctrine that allows courts to modify or sever parts of a contract that are unreasonable or unenforceable while leaving the rest of the agreement intact. The principle is commonly applied to covenants not to compete, which are clauses that…
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How can Employers and Employees Protect their Respective Intellectual Property Rights, and what is the Default Position in English Employment Law?
Intellectual property (IP) is something you create using your mind, such as a story, an invention, an artistic work or a symbol. IP rights allow you to make money from your IP or use it. IP rights include copyrights, patents, designs and trademarks. In this blog post, I shall explore…
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What are the Health and Safety Responsibilities of Employers and Employees, and How Should an Employer Ensure Compliance?
Health and safety are vital aspects of any workplace, as they protect the well-being of employees, customers, and visitors from potential hazards and risks. In the UK, various laws and regulations set out employers’ and employees’ health and safety responsibilities and the consequences of non-compliance. In this blog post, I…
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Key Legal Developments in Diversity, Inclusion and Equality in the Workplace for 2024
Diversity, inclusion and equality are ethical values and business imperatives. A diverse, inclusive and equal workplace can foster innovation, creativity, productivity and employee engagement. It can also enhance an organisation’s reputation, attract talent and customers, and reduce legal risks. However, achieving diversity, inclusion, and equality can be challenging. Employers may…
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What are the Rights and Obligations of Employers and Employees Regarding Maternity, Paternity, Parental and Other Leave Entitlements?
In this blog post, I will provide an overview of the main types of leave available for parents and carers in England. Maternity leave Maternity leave is the period that a pregnant woman can take off work before and after the birth of her child. Part II of the Maternity…
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How can an Employer Prevent and Resolve Workplace Disputes and Grievances?
Workplace disputes and grievances are inevitable in any organisation but can negatively impact productivity, morale, and reputation and result in legal costs. Therefore, employers need effective policies and procedures to prevent and resolve workplace conflicts fairly, timely and constructively. In this blog post, I will discuss some of the best…
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What are the Legal Implications of Flexible and Remote Working Arrangements?
Flexible and remote working arrangements are becoming more common and popular among employers and employees, especially in the wake of the COVID-19 pandemic. However, there are some legal implications that both parties need to be aware of and address before implementing such arrangements. In this blog post I will explore…
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How Should an Employer Manage Employee Performance, Appraisals and Feedback Systems?
Performance management ensures that employees meet the expectations and standards of their roles and provides them with the necessary support, feedback, and development opportunities to improve their performance. Performance management is about dealing with poor performance, recognising and rewarding good performance, and aligning individual goals with organisational objectives. Performance management…
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What is the Difference Between an Employment Contract and a Service Agreement?
An employment contract and a service agreement define the relationship between an employer and a worker. They have other implications for the rights and obligations of both parties, as well as the applicable laws and regulations. An employment contract is a contract of service, which means that the worker is…
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What are the Best Practices for Drafting and Enforcing Employment Contracts and Policies?
Employment contracts are essential documents that define employers’ and employees’ rights and obligations. They can also help to prevent disputes and protect the interests of both parties. However, drafting and enforcing employment contracts can be challenging, especially considering England and Wales’s complex and evolving employment law. What is an employment…
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How Should an Employer Handle Redundancy and Restructuring Processes in a Fair and Lawful Manner?
Redundancy and restructuring are often challenging and stressful for employers and employees. However, there are some steps employers can take to ensure that they handle these processes fairly and lawfully, based on employment law and guidance from the Advisory, Conciliation and Arbitration Service (ACAS). First, employers should check if redundancy…
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How Should an Employer deal with Employee Misconduct, and what Disciplinary Procedures Should they Follow?
Employee misconduct is a serious issue that can damage an organisation’s reputation, productivity and morale. It can also expose the employer to legal risks if not handled properly. Therefore, employers must have transparent and fair policies and procedures for employee misconduct and disciplinary actions. What is employee misconduct? Employee misconduct…
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What are the Key Employment Law Changes in 2024, and how Should Employers Prepare for Them?
Employment law is constantly evolving, and 2024 is no exception. There are several significant changes that employers need to be aware of and plan for, ranging from family-friendly rights to post-Brexit reforms. This blog post will summarise some key developments and provide practical tips for complying with them. Family-friendly changes…
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What is Self-Employment?
Self-employment is when you run your own business and work for yourself. This is also known as being a sole trader. You can keep all your business’s profits after you’ve paid taxes on them. You’re personally responsible for any losses your business makes. You must also follow specific rules for…
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What is TUPE?
TUPE is the Transfer of Undertakings (Protection of Employment) Regulations 2006. It is a law that protects the rights of employees when: TUPE applies to employees of businesses in the UK, regardless of the size of the business or the sector or industry it operates in. The part of the…
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What Are the Rights of the Self-Employed in the UK?
Self-employed people are people who run their own business or work as a freelancer or contractor. No one employs them, but they may have clients who pay them for their services. Self-employed people have very few rights under employment law. The rights that they do have include: However, self-employed people…
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What Are the Rights of Workers in the UK?
Workers have a contract for services with an employer or a client. This means they have agreed to perform work or services personally but are not obliged to accept work, nor is the employer obliged to offer it. Workers are not ’employees’ in the context of UK employment law. Workers…
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What are the Rights of Employees in the UK?
Employees are people who have an employment contract with an employer. This means they have agreed to work for the employer in return for pay and benefits. Employees have the most extensive rights under employment law (compared to workers and the self-employed), which include:
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Employee, Worker, or Self-Employed?
According to UK law, there are three main types of employment status: employee, worker and self-employed. Each category has different rights and responsibilities for the individual and the employer. Employee An employee is someone who has an employment contract with an employer. This means they have agreed to work for…
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What is a Personal Service Company?
A personal service company (PSC) is a term that is often used in the context of tax and employment law in the UK. However, it is not a legal term with a clear definition or a specific status under the law. Instead, it describes a type of company that provides…
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How do I tell if I am Inside or Outside IR35?
IR35 is a tax legislation that aims to prevent tax avoidance by workers who provide their services to clients through an intermediary, such as a limited or personal service company. IR35 affects contractors who do not meet HMRC’s definition of self-employment and who would be considered employees if they worked…
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What are the Criteria for Being a Subcontractor Under CIS?
If you are a contractor in the construction industry, you may be wondering how the Construction Industry Scheme (CIS) affects you. You may have heard of CIS, but what is it, and how do you qualify as a subcontractor under it? CIS is a special tax regime for contractors and…
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What is the Difference Between IR35 and CIS?
If you are a contractor in the construction industry, you may be wondering how the tax rules affect you. You may have heard of IR35 and CIS, but what are they, and how are they different? IR35 is a shorthand term for the UK tax legislation that aims to prevent…
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What is the IR35 Legislation? How does it Affect me as a Contractor in the UK?
If you are a contractor providing your services through your limited company or another intermediary, you may have heard of IR35. But what is it, and how does it affect you? IR35 is a shorthand term for the UK tax legislation that aims to prevent contractors from working as ‘disguised…
Geoffrey Caesar, Solicitor 