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In this issue: Horizon scanning Status and worker categories Immigration Employment contract Protected characteristics Whistleblowing Determining whether restrictions are enforceable Employment Tribunals New and updated content Dates for your diary Trackers Employment resources on Lexis+® LexTalk®Employment: a Lexis®Nexis community Daily and weekly news alerts Horizon scanning CIPD publishes research warning of Employment Rights Bill's unintended consequences The Chartered Institute of Personnel and Development (CIPD) has released analysis indicating that several flagship provisions in the Employment Rights Bill (ERB), now moving through the House of Lords, may unintentionally harm labour market outcomes. Drawing on the CIPD’s Labour Market Outlook – Winter 2024/25, the review examines proposals on unfair dismissal, a statutory probation period, ‘fire and rehire’, guaranteed hours, Statutory Sick Pay (SSP), day one paternity leave and unpaid parental leave, and trade union measures. The findings warn that rolling out the ERB could spur higher levels of redundancy, more casual...
This Practice Note outlines the criteria an employer may apply when deciding how to engage an individual. It examines the main categories of employment status—employee, worker, and the self-employed or independent contractor—and also addresses employee shareholders, casual staff and those on zero hours arrangements, agency workers, apprentices, interns and volunteers. Employers should identify at the outset which status is intended—employee, worker or self-employed—as each attracts distinct rights and protections. Further, particular considerations arise where the engagement is casual or ‘zero hours’, or involves agency workers, apprentices, interns or volunteers. Employment status also determines how the individual is treated for tax purposes (see Practice Note: Employment status—why it matters). Errors can result in employment tribunal proceedings and exposure to tax liabilities. Ultimately, regardless of the label used, courts and tribunals will prioritise the true substance of the working relationship over the wording of any contract. Employee, worker, self-employed/independent contractor Employee shareholders Casual and ‘zero hours’ workers Agency workers Apprentices Interns and volunteers ...
Zero hours contracts This Practice Note explores the characteristics of zero hours contracts, including: absence of mutuality of obligation casual workers as required or as needed employment contract without obligation piece work on-call arrangements flexibility over-arching or umbrella contracts assignments employee or worker status continuity of employment national minimum wage (NMW) statutory sick pay (SSP) working time and holiday entitlement and accrual discrimination protection part-time workers pension auto-enrolment TUPE 2006 the pros and cons of zero hours contracts It does not address the statutory protections available to workers and employees on zero hours contracts and on lower incomes, relating to unenforceable exclusivity clauses and protection from detriment and unfair dismissal. These are considered separately in Practice Note: Exclusivity clauses—protections for low-income and zero hours workers. In this Practice Note, the term ‘employer’ means the hiring party in a contract for work, whether or not...
Paid holiday benefits both employers and workers by allowing workers a period of relaxation and recuperation. Paid annual leave rights may arise from statute (ie through legislation) or from contract (ie via terms in the employment contract). This Practice Note addresses the position of: all workers for leave years starting on or before 31 March 2024 workers other than irregular hours and part‑year workers for leave years starting on or after 1 April 2024 It does not cover irregular hours and part‑year workers (as defined in WTR 1998, SI 1998/1833, reg 15F), for whom distinct rules apply for holiday years commencing on or after 1 April 2024, including in relation to: how holiday pay is calculated, and the ability to use rolled‑up holiday pay The position of those workers is set out in our separate Practice Note: Statutory paid holiday—irregular hours workers and part‑year workers. This Practice Note examines the statutory right of workers in...
[ To appear on the organisation’s headed paper ] [ Insert worker’s name ] [ Insert worker’s address ] [ Insert date ] Dear [ insert worker’s name ] (‘ you ’) Casual work with [ insert name of organisation ] (‘ we ’ or ‘ us ’) This agreement outlines the basis on which you and we agree that you will deliver occasional services as [ insert role ] on a part-year, casual arrangement. Because of the nature of our business, and this position, we cannot predict precisely which days, or what hours, we will need your services during [ term-time OR the [ summer ] term OR the harvest period OR the performance season at [ insert name of venue ] ]. 1 Status Your employer for the purposes of this agreement is [ insert name of organisation ]. This agreement is not an employment contract and does not grant you any employment rights other than those to which...