Detail of apprenticeships levy announced

The government has announced how much its new apprenticeship levy will be. This was first mooted in the summer budget. It appears that the levy will be set at a rate of 0.5% of an employers pay bill, over £3… Read on

Important new case on penalty clauses

For the last 100 years, anyone drafting a contract has had to beware of including “penalty clauses”, for breaches of contract, because they aren’t enforceable. The most typical example is where a contract party has to pay a big fine… Read on

Mobile workers – first and last journeys to work

The ECJ has recently held that travelling time at the beginning and the end of the day to and from customers’ premises should count as working time. Background This case concerns a Spanish security company which employs around 75 mobile… Read on

Zero hours exclusivity ban in place

On 26 May 2015 s.153 Small Business Enterprise and Employment Act 2015 was brought into force, making exclusivity clauses in zero hours contracts unenforceable. There are, as yet, no anti-avoidance measures in place, but the legislation also gives the Secretary… Read on

Holiday pay – Tribunal re-writes WTR

Lock v British Gas has returned to the Tribunal on the issue of commission pay whilst on holiday. We have previously reported on the similar case of Bear Scotland, relating to overtime pay whilst on holiday (see also our guide… Read on

Changing Staff Handbook Terms

Can an employer unilaterally change the terms of its contractual staff handbook? No, said the High Court in the case of Sparks and another v Department for Transport. Background Generally, a contract may only be amended in accordance with… Read on

Clause allowing changes to contract effective?

Could school change teacher’s contract, which said it was “subject to variation, depending on the requirements of the school timetable”? Background We have recently reported on two cases where employers have tried to change the terms of their employee’s contracts… Read on

Entrepreneur shareholder an employee despite no pay

The Court of Appeal has held that an investor in a company was an employee despite his substantial shareholding in the business, other business interests, and absence of any remuneration. Background Mr Stack, the Claimant in this case, was the… Read on

Could flexibility clause in contracts be relied on?

Could the National Audit Office change the contract of its employees without their consent, because their contract said that it was “subject to amendment”? No they could not, said the EAT in the case of Norman v. The National Audit… Read on