Fixed-term worker meaning

In this issue: Corporate Governance New content HMRC Manuals tracker Useful information Dates for your diary Weekly highlights from other practice areas Corporate Governance Lion Finance Group PLC faces investor dissent over executive pay At this week’s AGM, Lion Finance Group PLC encountered pushback from investors on executive pay, with more than 22% voting against the Directors’ Remuneration Policy; nonetheless, the motion passed with a majority of votes cast overall. Under the refreshed Policy, the CEO’s base pay rises by 35% and will be held at that level for 2025–27; the company stresses this uplift trails both the average employee increase and profit expansion since 2022, and will stay fixed for the policy term. The updated policy also introduces a potential annual variable award capped at 200% of salary, reserved for extraordinary performance and triggered only when total shareholder return sits in the FTSE 250 upper quartile. The standard award still remains at 100% of salary...

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...

Stanley v The Village Bakery (Wrexham) Ltd Case Number: 1602387/2023 Employment Judge Rhian Brace determined that the Wrexham arm of the Village Bakery discriminated against the claimant, I. Stanley, on the grounds of disability, as he is registered blind, when it chose to dismiss him six weeks into his probationary term, according to the decision. Judge Brace wrote: 'We concluded that the respondent had dismissed the claimant, a disabled worker, without making the reasonable adjustment of allowing the claimant further time, paired with a support buddy, and by improving staff awareness of the claimant's disability and requirements'. The tribunal held that, had those measures been implemented by the bakery, Stanley would have remained in employment, the decision said on this point...

Statutory paid holiday In Great Britain, workers have a legal entitlement to 5.6 weeks’ paid annual leave under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833. It should be recognised from the start that this is made up of two components: a core entitlement of four weeks’ paid annual leave (often called ‘Euro leave’) (WTR 1998, SI 1998/1833, reg 13), and an extra 1.6 weeks’ paid annual leave (WTR 1998, SI 1998/1833, reg 13A) Different rules apply to irregular hours and part-year workers for holiday years beginning on or after 1 April 2024. For further details, see Practice Note: Statutory paid holiday—irregular hours workers and part-year workers. For the position in Northern Ireland, which has its own Working Time Regulations (Northern Ireland) 2016, SI 2016/49, see Practice Note: Employment law in Northern Ireland—Working Time Regulations and holidays. The basic four-week entitlement reflects the UK’s implementation of the EU minimum in Article 7 of Directive 2003/88/EC (the Working Time Directive),...

Part 2 of the Children and Social Work Act 2017 (CASWA 2017) created Social Work England (SWE) as the regulator for social workers in England, replacing the Health and Care Professions Council (HCPC). The regulation of social workers was formally transferred to SWE from the Health and Social Care Professions Council in December 2019. SWE operates under the auspices and oversight of the Professional Standards Authority. As a result, the Professional Standards Agency is, in specified circumstances, able to refer a case to the High Court. See Practice Note: Professional Standards Authority. SWE was established to deliver a new and different approach to regulation. Accordingly, some variation can reasonably be expected between the approach of more established regulators and that of SWE. SWE aims to set the tone as a collaborative regulator, emphasising that it shares and reflects the values of those it regulates. On a practical level, for the fitness to practise process this translates into there being multiple opportunities for Registrants to engage at an early stage, together...

This review outlines the principal updates to the Immigration Rules (the Rules) contained in HC 877 that will most concern business immigration advisers. HC 877 was laid on 11 March 2016, accompanied by an Explanatory Memorandum (EM). This notice excludes amendments to Tier 2 of the Points-Based System (PBS) recommended by the Migration Advisory Committee (MAC) in its January 2016 report, as the Home Office has not yet issued a formal response to the MAC review. Revisions to the Immigration Rules for Tier 2 are expected in the summer or autumn. Be aware that two sets of corrections were placed on the opening pages of HC 877 in March 2016, before the Statement took effect. You can jump to individual subjects swiftly via the Contents bar. Implementation Unless specified otherwise, the amendments apply to applications submitted on or after 6 April 2016. Applications filed before this date will be determined under the Rules in force as at 5 April 2016. Definitions Apart from definition changes that...

1 Introduction This document provides a concise, high-level overview of office procedures. It does not cover all employment or health and safety policies. A complete set of policies is available [ Insert, eg on our intranet ]. 2 Office days and hours 2.1 Standard office days and hours are [ insert details of your office hours eg 09:00–17:30 Mondays to Fridays inclusive ]. 2.2 [ If you are a hybrid office worker, your office attendance should be recorded via the [ insert platform name, e.g. OfficeSpace/Outlook/HR Portal ] in accordance with the firm’s hybrid working policy. ] 3 Office closure over bank holidays/public holidays 3.1 There are typically six fixed bank holidays each year, and the office will be closed on those dates. As these dates change annually, please ensure you check when they occur in each calendar year. 3.2 Christmas Day and Boxing Day are recognised public holidays, and the office will be closed on these dates...

This guide sets out general information on whistleblowing protections for workers, the defences open to employers facing a whistleblowing claim, and practical pointers for developing an effective whistleblowing strategy, drafting a whistleblowing policy, and dealing with a whistleblowing disclosure. Your employment lawyer can provide specific advice tailored to your circumstances. Under the Employment Rights Act 1996 (ERA 1996), workers who make a whistleblowing disclosure are protected from dismissal, selection for redundancy, and from being subjected to a detriment where the reason, or main reason, for the dismissal, redundancy or detriment is that they made the disclosure. What is whistleblowing? Whistleblowing is the term used where a worker passes on (discloses) information about wrongdoing, which they will usually, although not necessarily, have witnessed at work. To secure whistleblowing protections, the disclosure must satisfy the statutory requirements for a ‘protected disclosure’. A whistleblowing claim may arise if a worker has made a protected disclosure and is then subjected to a detriment for doing so. What amounts to a detriment?...

Insert in para 6.1 of response form ET3: 1 Paragraph 1 of the Grounds of Claim is hereby fully accepted. 2 It is also accepted and admitted that the Respondent’s permanent employees receive late duty allowances, whereas fixed-term employees do not, and that the Claimant’s manager set out and explained this situation to her. Withholding late duty allowances from fixed-term employees is objectively justified on the basis that the contractual terms for fixed-term employees are at least as favourable as those for permanent employees. In particular, the contracts of fixed-term administrative assistants set a higher basic hourly rate of pay than the contracts for permanent administrative assistants...

Under WTR 1998, workers get 5.6 weeks’ annual leave each year: a basic entitlement of four weeks’ leave (20 days for a standard full‑time worker) implementing article 7 of the Working Time Directive (WTD) an additional 1.6 weeks’ leave (eight days for a standard full‑time worker) created by domestic law only Understanding this distinction is important because: European Court of Justice case law concerns the WTD alone, so it applies only to the basic four weeks’ paid leave holiday pay is calculated differently for: the basic four weeks, and the additional 1.6 weeks The general rules as to the right to carry forward accrued holiday entitlement are that: the basic four weeks must be taken in the leave year earned and cannot be carried over (though an employer may choose to allow it) a relevant agreement may allow the additional 1.6...

The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (FTE Regulations 2002), SI 2002/2034 The FTE Regulations 2002 state that, unless an employer can objectively justify continuing to use fixed-term contracts, a fixed-term worker who has been employed on an uninterrupted basis—under one fixed-term contract or a succession of fixed-term contracts—for four years or more and is subsequently re-engaged on another fixed-term contract without any break in continuity will have that further contract treated as permanent. For information on fixed-term employees generally, see Practice Note: Fixed-term employees. In specified circumstances, the FTE Regulations 2002 include a mechanism, derived from the Fixed-term Work Framework Directive, for turning fixed-term contracts into permanent contracts (FTE Regs 2002, SI 2002/2034, reg 8)...

Worker categories For leave years commencing before 1 April 2024 there was only one worker category for holiday entitlement and pay purposes, which we describe as ‘regular’ workers. For leave years beginning on or after 1 April 2024, a new way of working out holiday entitlement and pay was introduced, but it applies only to individuals who fall within the newly established ‘part-year’ or ‘irregular hours’ categories. For anyone who does not sit within those categories, the previous method of calculating holiday entitlement and pay continues to apply. For fuller detail on what counts as a part-year worker under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, regs 2(1) and 15F(1)(b), refer to the ‘Part-year worker’ section of Practice Note: Statutory paid holiday—irregular hours workers and part-year workers. See also the government guidance: Holiday pay and entitlement reforms from 1 January 2024. In light of the question asked, the text below proceeds on the basis that the worker is within the ‘regular’ worker category rather than meeting the...