The National Minimum Wage and the National Living Wage rose by 9.7% this April. The burden of wage costs is high, particularly in labour-intensive sectors such as retail. However, the risks of failing to pay national minimum wage are significant. As well as a requirement to reimburse any underpayment there is the possibility of fines of up to £20,000 (and a minimum of £100 for each employee or worker affected, even if the underpayment is worth less) alongside the reputational impact of the government’s policy of ‘naming and shaming’ offenders.
The legal provisions dealing with workplace harassment in the Equality Act 2010 state that: “A person (A) harasses another (B) if— (a) A engages in unwanted conduct related to a relevant protected characteristic, and (b) the conduct has the purpose or effect of— (i) violating B’s dignity, or (ii) creating an intimidating, hostile, degrading, humiliating or offensive environment for B.” They go on to say that in deciding whether conduct has the effect referred to, each of the following must be taken into account – “(a) the perception of B; (b) the other circumstances of the case; and (c) whether it is reasonable for the conduct to have that effect”.
Employees sometimes have clauses in their contracts of employment which, on termination of employment, limit their ability to work in competition with their ex-employer (so-called ‘non-competition covenants’). These clauses are often put in place to protect confidential information which the employee might be leaving with and which may be valuable to a competitor.
A man has revealed that he learnt he had been unsuccessful in a job application after the company’s HR department accidentally copied him into an email chain. After applying to work at a coffee company he received an email from the hiring manager which was not intended for him. He had been accidentally CC’d. According to a screenshot shared on the social media platform TikTok, the email read: “Well that’s interesting okay so let’s reject him…”
The Working Time Regulations 1998 set out the key rules regarding holiday rights in the UK, including holiday pay. The Regulations include a provision (Regulation 14) which states that the amount of holiday pay due on termination of employment is either that which would be prescribed if the formula set out in the Regulations were applied or such other sum which is stated to be payable on termination of employment pursuant to a ‘relevant agreement’. There had been much debate amongst employers about what such a ‘relevant agreement’ could include.
A recent Employment Appeal Tribunal decision has set out further guidance on how tribunals should approach the issue of employment status following the landmark decision of the Supreme Court in Uber BV v Aslam. In Manning v Walker Crips Investment Management Limited the Claimant was engaged as an ‘associate’ for the Respondent working as an investment manager. His contract with the Respondent stated that he was a self-employed contractor, and he was paid on a commission-only basis. His contract included a substitution clause which stated that any substitute had to be approved by the Respondent.
Bermans, a leading North West law firm, have announced two Partner promotions, which will see Senior Associates, Melanie Morris and Alissa Marsh, become Partners.
Laura McMorland (pictured below), joined Bermans in March 2023 and is a Senior Associate in our Corporate team. We spoke to her to learn more about her and her work.
Bermans is proud to be supporting Bruntwood SciTech’s ‘Manchester’s Female Founders Incubator programme’.
Who are Bruntwood SciTech?
Bruntwood SciTech is the UK’s leading developer of innovation districts, creating the specialist environments and innovation ecosystems for science and technology businesses to form, scale and grow.
Bermans have appointed Jon Davage as its first Managing Director. Corporate solicitor, Jon, joined Bermans in January 2012, and has been instrumental in driving the expansion of the firm.
Manchester based Jon, will be spending time across both of the Manchester and Liverpool offices, working closely with fellow board members in both locations, to ensure its staff and clients remain at the heart of everything Bermans do.
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