Director And Shareholder With No Contract And No Pay Still Held To Be An Employee And A Worker

Wake Smith Solicitors 27 February 2015
Director And Shareholder With No Contract And No Pay Still Held To Be An Employee And A Worker

In a case in the Court of Appeal which Lord Justice Tomlinson said was "not a good advertisement for our system of resolving employment disputes", Stack -v- Ajar-Tec Limited, Mr Stack was held to be an employee…


Damages Uplift Does Not Apply In Discrimination Cases

Wake Smith Solicitors 27 February 2015
Damages Uplift Does Not Apply In Discrimination Cases

A key case in personal injury law, Simmons -v- Castle (2013) was thought to apply in employment cases until a recent decision of the Employment Appeal Tribunal. There has been a significant change to the way that…


Fit For Work Service To Be Rolled Out

Wake Smith Solicitors 26 February 2015
Fit For Work Service To Be Rolled Out

After a successful local pilot scheme, the Government has announced that the Fit for Work Service is set to go live nationwide by May 2015. Particularly useful for SMEs, the Fit for Work Service aims to offer employers…


Posting October 2015

Wake Smith Solicitors 10 February 2015
Posting October 2015

The ban on a corporate company director i.e. the legal requirement for all company directors to be natural persons which has been signalled for some time is now to come into effect in October 2015. For this and…


John Lewis and Waitrose Announce Costs Of Compliance With Recent Legal Changes Governing Holiday Pay

Wake Smith Solicitors 26 January 2015
John Lewis and Waitrose Announce Costs Of Compliance With Recent Legal Changes Governing Holiday Pay

Following my recent update concerning the holiday pay ruling, The John Lewis Partnership has stated publically that from February 2015 it will follow the ruling when calculating pay and will make a one off back…


Should Employees Be Paid If They Are Unable To Get To Work Due To Snow?

Wake Smith Solicitors 22 January 2015
Should Employees Be Paid If They Are Unable To Get To Work Due To Snow?

Waking up to snow, whilst fun for some, is stressful for others if they find themselves unable to get to work. Are employees entitled to get paid if they are unable to attend work due to snow and other extreme weather…


Holiday Pay and Overtime - What Does It All Mean?

Wake Smith Solicitors 04 December 2014
Holiday Pay and Overtime - What Does It All Mean?

A legal decision handed down on Tuesday 4 November on the meaning of holiday pay will have a seismic effect. The case concerned the meaning of a week's pay for the purposes of the Working Time Directive (WTD). The…


Should I Fight Or Settle?

Wake Smith Solicitors 19 November 2014
Should I Fight Or Settle?

An HR Manager talks to Glenn Jaques, Employment Law Partner, about ACAS early conciliation. Q. We have recently terminated the Contract of Employment of one of our employees and have received a call from an ACAS…


Equality Act - Company Board Appointments

Wake Smith Solicitors 19 September 2014
Equality Act - Company Board Appointments

The Equality and Human Rights Commission has just published guidance for companies on the Equality Act 2010 and Board appointments. The 20 page guide is accessible on the website at www.equalityhumanrights.com. Key…


Employment Victory For Sheffield Market Staff

Wake Smith Solicitors 01 September 2014
Employment Victory For Sheffield Market Staff

Sheffield Market staff has been successful in a long-running case which has now been heard in the Employment Appeal Tribunal. Twelve Sheffield Market Patrol Officers were employed by Sheffield City Council in the…


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