Employment News

The Force of a Jurisdiction Clause

An Advocate General of the European Court of Justice recently considered the issue of where an employee habitually works and the impact of a “choice of jurisdiction” clause in the employee’s contract.  When issuing his opinion on the meaning of the “place where the employee habitually carries out his work”... Read more

“Sleeping-in” and the National Minimum Wage

Are workers entitled to the National Minimum Wage (NMW) when “on call” or “sleeping-in”?  “It depends” confirmed the Employment Appeal Tribunal (EAT) in the combined cases of Focus Care Agency -v- Roberts, Frudd -v- Partington and Mencap -v- Tomlinson-Blake. Read more

Statutory / Mimimum Rates of Pay

From 1st April 2017, the following “national minimum” rates of pay will be increased as shown: Read more

When Does Notice of Termination Take Effect?

When the employee has personally taken delivery of the notice confirmed the Court of Appeal (CoA) in the case of Newcastle Upon Tyne NHS Foundation Trust –v- Haywood, unless the Contract of Employment contains a provision governing when the notice may otherwise take effect. Read more

Considering Fairness in Redundancy Selection and a Re-organisation

The Employment Appeal Tribunal (EAT) was recently asked to consider whether the “fairness” test applied equally in the case of redundancy dismissals where employees were required to compete for newly-created posts following a restructure as it did when considering a case of downmanning.  The EAT concluded that even where a... Read more

Government Review of Employment Tribunal fees

On 31st January 2017, the UK Government published its review of the introduction of fees in the Employment Tribunal. The review concludes that the fee system has succeeded in raising just under 20% of the costs of the Employment Tribunals system, and that the fees have discouraged, but not prevented,... Read more

Employment Status - The Repercussions

The recent judgement in RS Dhillon & GP Dhillon Partnership -v- HMRC serves as a useful reminder of the dangers of engaging staff on a self-employed basis without a suitable written agreement being in place. Read more

The "Right" to a Rest Break

In the case of Grange -v- Abellio London Ltd, the Employment Appeal Tribunal (“the EAT”) was required to consider whether an employee must request a rest break before claiming to have been refused the rest break. Read more

Should you be “Uber” concerned?

The London Employment Tribunal (“ET”) handed down a “landmark decision” today, Friday 28 October 2016 in the case of Aslam, Farrar and others -v- Uber BV, Uber London Ltd and Uber Brittania Ltd. The ET confirmed that the Uber drivers were “workers” in respect of the “extended” employment related rights... Read more

Latest News

The Force of a Jurisdiction Clause

An Advocate General of the European Court of Justice recently considered the issue of where an employee habitually works and the impact of a “choice of jurisdiction” clause in the employee’s contract.  When issuing his opinion on the meaning of the “place where the employee habitually carries out his work”...

Mackinnons - Through the years

Our records show that the first office of Lachlan McKinnon, Advocate, opened its doors in 1842 at 54 Union Street, Aberdeen.

All news