Entitled worker meaning

ARCHIVED: This Checklist has been archived and is not maintained. In broad terms, this computation focuses on real cash movements and payments between the employer and the worker (in both directions) rather than on entitlements. For more detail on the components of this calculation, refer to Practice Note: National minimum wage, especially the section titled: Checking pay against the minimum. For a checklist outlining the key points to consider when deciding whether someone is entitled to receive and does receive the minimum wage, see: Minimum wage compliance checklist...

In this issue: Horizon scanning Labour manifesto—principal immigration policies Green Party manifesto—headline employment pledges Status and categories of workers Cross-border, international and jurisdictional matters Prohibited behaviour Employee grievances Redundancy Immigration Scotland—Public Sector Equality Duty Daily and weekly news alerts IRLR highlights—July 2024 Dates for your diary Trackers New Q&As Horizon scanning Labour manifesto—key employment pledges The Labour Party has released its manifesto ahead of the General Election scheduled for 4 July 2024...

In this issue Key developments UK immigration control: how it works Sponsored work Challenging immigration decisions and enforcement No Weekly Highlights on 24 April 2025 Daily and weekly news alerts New and updated content Future developments—Immigration calendar UK immigration control: how it works Criminal Justice and Immigration Act 2008 (Commencement No 1) (Wales) Order 2025: Selected elements of the Criminal Justice and Immigration Act 2008, SI 2025/473 took effect on 11 April 2025. Brought into force are section 119(4) (offence of causing nuisance or disturbance on NHS premises); section 120(5) and (6) (authority to remove a person causing nuisance or disturbance); and section 121(1) to (3), (5) and (6) (guidance concerning the removal power, etc). See: LNB News 10/04/2025 36. IfG proposes annual Migration Plan to reform UK immigration policymaking: The Institute for Government (IfG) has issued an insight paper urging the government to adopt a yearly Migration Plan to tackle what it describes as...

In this issue: Horizon scanning Directors Employment contract Pay Tax Prohibited conduct protection at work Diversity and gender pay gap Whistleblowing Union status and obligations Financial services and banking: employment issues Employment tribunals Immigration IRLR Highlights—April 2025 New and updated content Dates for your diary Trackers New Q&As Employment resources on Lexis+® LexTalk®Employment: a Lexis®Nexis community Daily and weekly news alerts Horizon scanning Calls from businesses urging the UK government to moderate its employment law agenda have been largely set aside, with the Employment Rights Bill (ERB) further enhancing workers’ entitlements on 4 March 2025. See Law360: Employment Rights Bill is pro‑worker but not pro‑business. Directors The Department for Business and Trade (DBT) has issued the draft Companies (Directors’ Remuneration and Audit) (Amendment) Regulations 2025, which are undergoing parliamentary sifting as at 4 March 2025. The package is intended to streamline directors’...

Allocation In the context of insurance and reinsurance, ‘allocation’ is the process of identifying which policy covers a loss, or a share of a loss. In many claims this point never surfaces. If a driver wrecks their car, the motor insurance policy in force on the date of the accident will respond. Yet, in the smaller number of cases where it does arise, the consequences can be substantial for a (re)insurer's inwards liability and the availability of its outwards reinsurance. Consider a business that employs a worker for 40 years. During that period the worker is exposed to asbestos and, after retirement, develops mesothelioma and dies. The estate sues the former employer. The company had workers’ compensation/employers’ liability insurance throughout the employee’s service, but which policy, if any, should respond to the claim? Or take an insurer that covers a power station which later burns down. The insurer has prudently purchased facultative reinsurance covering the particular risk and treaty reinsurance spanning all of its power...

FORTHCOMING DEVELOPMENT : The Pensions (Extension of Automatic Enrolment) (No. 2) Bill secured Royal Assent on 18 September 2023, becoming the Pensions (Extension of Automatic Enrolment) Act 2023 (the Act), and was published on 19 September 2023. The Act confers powers on the Secretary of State for Work and Pensions to make regulations to: lower the minimum age at which otherwise eligible employees must be automatically enrolled and re-enrolled into a pension scheme by their employers; remove the Lower Earnings Limit from the qualifying earnings band so that contributions are calculated from the first pound of earnings; and revise the requirements for the annual review of the qualifying earnings band. Adjustments to automatic enrolment eligibility will proceed following a consultation on the detailed implementation method and timing. The commencement of section 1 of the Act is set to be ‘on such day or days as the Secretary of State may by regulations appoint’. For further information, see: DWP press release, Work...

This ‘How to’ guide outlines the matters an employer should weigh up when deciding whether a worker ought to be paid during sickness absence and, if so, the level of pay due. It also touches on connected questions and remedies. It also considers related issues and remedies. A worker who cannot work because of ill health may still, during their sick leave, be paid: statutory sick pay (SSP) under the Social Security Contributions and Benefits Act 1992 (SSCBA 1992) and the Statutory Sick Pay (General) Regulations 1982 (SSP (General) Regs 1982), SI 1982/894 (see: Whether an individual is entitled to be paid SSP below), and/or contractual (or ‘occupational’) sick pay (see: Whether an individual is entitled to be paid contractual sick pay below) For fuller guidance on SSP and contractual sick pay, see Practice Note: Sick pay. The legislative provisions governing SSP are famously intricate. Practitioners may find it useful to consult HMRC’s Statutory Payments Manual for SSP, alongside the material below,...

[ 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...

[ Insert in para 8.2 of claim form ET1: ] Following a decision dated [ insert date ], an Employment Tribunal convened at [ insert place ] issued a protective award concerning [ hourly paid workers ] [ who had been dismissed by the Respondent OR whom the Respondent proposed to dismiss ] as redundant during the period from [ insert date ] to [ insert date ], requiring the Respondent to pay remuneration for a protected period of [ 30 ] days from [ insert date ] to [ insert date ]. The Claimant is an hourly‑paid worker to whom that protective award applies. [ His OR Her OR Their ] weekly pay is £[ insert figure ], and the remuneration to which [ he OR she OR they ] [ is OR are ] entitled under the award amounts to £[ insert figure ]. The Respondent has [ failed to pay the Claimant any of the sum due OR paid only part of...

[ Insert in para 8.2 of claim form ET1: ] The Claimant is employed as a legal secretary. She holds a contract of employment with the First Respondent, a temporary work agency, under which she is required to deliver legal secretarial services to the First Respondent’s clients. On or about [ insert date ] the First Respondent requested that the Claimant provide services to the Second Respondent, a firm of solicitors, and the Claimant agreed to supply her services to the Second Respondent from [ insert date ]... The Claimant began working for the Second Respondent on [ insert date ] within the employment department. On her second day, [ insert date ], she attended the Second Respondent’s staff canteen and chose food for lunch. At the till, the operator asked to see her staff card and stated she could not buy her lunch without one. The Claimant had not been issued with a staff card and was subsequently told by the fee earner for whom...

Automatic enrolment does not apply to workers under age 22. Individuals younger than 22 fall outside automatic enrolment. However, anyone aged 16 to 21 with qualifying earnings of £6,032 or above in the 2018–19 tax year may choose to join their employer’s automatic enrolment arrangement and receive employer pension contributions. For the purposes of limb (a) in section 230(3) of the Employment Rights Act 1996 (ERA 1996), a worker is an individual who has entered into, or works or worked under, a contract of employment. Under ERA 1996, section 230(2), a contract of employment means a contract of service or apprenticeship. An apprenticeship agreement meeting the requirements of the Apprenticeships, Skills, Children and Learning Act 2009 is treated as a contract of service, not a contract of apprenticeship. See Practice Notes: Employee status and Apprenticeships...

Weekly rest periods Under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, reg 11(1), an adult worker has a right to an unbroken rest period of at least 24 hours in each seven-day period during which they work for their employer. Alternatively, within any 14-day window, the employer can provide either two 24-hour rest periods, or one 48-hour rest period. The Health & Safety Executive is tasked with enforcing the maximum weekly working time, limits on night work and health assessments for night work, but it does not police time off, paid annual leave or rest break entitlements. These rights are instead enforced by workers through a complaint under WTR 1998, SI 1998/1833, reg 30, alleging that the employer has failed to allow the exercise of the relevant entitlement. For further detail, see the section of the Practice Note: Hours of work and working time titled ‘Weekly rest periods’. The drafting of WTR 1998, SI 1998/1833, reg 11 is couched in terms of entitlement rather than obligation; ie...

For further information on this topic in general, see: National minimum wage—Eligibility Employment-related statutory rates and limits table Minimum wage compliance checklist Deductions from wages Some of the statutory exceptions to the right to receive the national minimum wage are outlined below. This response concentrates on the scenarios where the point most commonly arises. Workers only Only ‘workers’ are entitled to be paid the national minimum wage—see our Practice Note: Worker status—Definition of ‘worker’. Agency workers who would otherwise fall outside the definition of a ‘worker’ because they have no contract with either the supplier or the recipient of their services are nevertheless entitled to the national minimum wage. Home workers who might not otherwise be ‘workers’ owing to an absence of any personal obligation in the contract to carry out the work themselves are likewise entitled to be paid the national minimum wage. The genuinely self-employed are not entitled to be paid the national minimum...