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Intermediaries legislation (known as IR35) is the tax and National Insurance (NI) legislation that may apply if an individual works for a client through an intermediary. This is a common arrangement for consultants and some agency workers. The IR35 regime was introduced as a way of cracking down on the use of intermediary companies to

The Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 (the 1994 Order) gives an Employment Tribunal jurisdiction to hear common law claims made by employees for damages arising out of breaches of contract. Claims made under the 1994 Order must be brought within three months of termination of the contract giving rise to

In March this year, the Government introduced the Modern Slavery Act 2015 to tackle slavery, servitude, forced or compulsory labour and human trafficking in England and Wales.

In the wake of the recent Tube strikes, the Government plans to introduce a Trade Union Bill to ‘democratise’ industrial action. The Bill will introduce new thresholds to validate any such action; a 50 percent turnout of union members in all sectors will be required to back action. In the public sector, 40 percent of

On 14 July 2015, the Government announced its aspiration to “end the gender pay gap in a generation” by implementing Section 78 of the Equality Act 2010. Section 78 of the Equality Act 2010 contains a power for the Government to make regulations requiring employers with at least 250 employees to publish information relating to

At the outset the Coalition Government committed to a review of the system and, although not stated in the Conservative manifesto, the new Government has now agreed the Ministry of Justice’s terms of reference.

How should holiday pay be calculated? What is the relevant liability period? These are two questions that have been troubling many employers.

In Jakowlew v Nestor Primecare Services Ltd t/a Saga Care and another, the EAT reinforced a strict application of TUPE, ruling that, despite a contractual breach on the part of a transferor to remove an employee from a contract which was to be transferred, the employee in question remained subject to TUPE.

In Mbuyi v Newpark Childcare (Shepherds Bush) Ltd the Watford Employment Tribunal held that a Christian nursery assistant who was dismissed for expressing her belief that homosexuality is a sin was discrimination on grounds of religion.

The EAT confirmed last week in Jinks v London Borough of Havering UKEAT/0157/14/MC that TUPE can apply to a transferor and a sub-contractor, protecting the employment of employees under a sub-contract if there is a service provision change.

Recently employment tribunals have been asked to consider the fairness of dismissals relating to driving whilst using a hand-held phone.

Employers should review their current zero-hours contracts in light of recent changes. In March 2015, the Coalition Government published its response to the consultation on the exclusivity ban in zero-hour contracts. Section 153 Small Business, Enterprise and Employment Act 2015 inserts s.27A and s.27B into the Employment Rights Act 1996, which came into force on