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Drafting checklist for claim or response—unlawful deduction from wages

Drafting checklist for claim or response—unlawful deduction from wages This Checklist sets out issues to consider when drafting an ET1 claim form or ET3 response form in relation to a claim for unlawful deductions from wages. For further guidance on deductions from wages generally, see Practice Note: Deductions from wages. See also Precedents: ET1 grounds of claim—unauthorised deduction from wages and ET3 grounds for resisting claim—unauthorised deduction from wages. Issue to consider Further guidance Was the claimant a worker? □ See Practice Note: Worker status and Checklist for assessing employment status Is the claimant in a category of worker excluded from the right to claim? □ See Practice Note: Deductions from wages—Definition of 'worker' What ‘wages’ is the claimant entitled to? □ See Practice Note: Deductions from wages—Definition of wages Consider payments expressly included in the definition, eg: —any fee, commission or other emolument referable to the employment (whether or not payable under the contract) □ —bonuses (including non-contractual bonuses, provided the claim is for...

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Issues to consider when drafting a settlement agreement—checklist (employer)

Issues to consider when drafting a settlement agreement—checklist (employer) The employer (and its advisers) should consider the following issues: Preparatory steps • Obtain from the employer: ◦ a copy of the departing employee's latest contract of employment/other relevant documents containing contractual terms (NB these may be in a staff handbook) ◦ details of the contractual benefits enjoyed by the employee ◦ relevant information regarding the employee's pension benefits ◦ relevant information regarding any shares/share options, etc held by the employee? Consider the Articles of Association/any relevant shareholder agreement, share scheme documentation, etc. See also Shares and share options below Status of negotiations • Will negotiations take place between the parties, or their respective legal advisers? • How strong is the employer's negotiating position? How strong are the employee's claims or potential claims? In the case of dismissal, is there a fair reason and has the employer carried out a fair procedure? Is the employer in repudiatory breach? What is the employer prepared to offer initially, and is that a 'take...

Labour and employment—Spain—Q&A guide [Archived, 2018 edition]

Labour and employment—Spain—Q&A guide [Archived, 2018 edition] The international employment law guide for Spain is presented in a Q&A format. The questions are set out below. Please note that this guide is from the 2018 edition. The 2019 edition does not include an updated guide for this country. The guide can be accessed by clicking on the hyperlink immediately below: The questions raised in the guide Legislation and agencies • What are the main statutes and regulations relating to employment? • Is there any law prohibiting discrimination or harassment in employment? If so, what categories are regulated under the law? • What are the primary government agencies or other entities responsible for the enforcement of employment statutes and regulations? Worker representation • Is there any legislation mandating or allowing the establishment of employees’ representatives in the workplace? • What are their powers? Background information on applicants • Are there any restrictions or prohibitions against background checks on applicants? Does it make a difference if an employer...

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1 Deductions 1.1 If you are for any reason indebted to the Employer for any amount[ including, without limitation, [set out examples]

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�ʴDZ�������������ܲԻ岹�Գ��� 1 Introduction 1.1 The Company is committed to providing job security for its employees. The Company will seek to avoid compulsory redundancies wherever possible. However, it recognises that there may be circumstances when staffing requirements change and compulsory redundancies cannot be avoided. 1.2 Where compulsory redundancies are unavoidable, the Company will handle the redundancy exercise in a fair, consistent and sympathetic manner. 1.3 In following the redundancy procedure set out in this policy, the Company will not discriminate directly or indirectly on grounds of age, disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, religion or belief, sex or sexual orientation. Part-time workers and fixed-term employees will not be treated less favourably than full-time or permanent comparators. 1.4 The aim of this policy is to set out the procedures that will be followed in cases of redundancy, ensuring compliance with employment law[ and relevant Acas guidance]. 1.5 This policy applies only to employees who are affected by a potential redundancy situation. It does not...

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An employee resigns on notice from their employment while they are off work on sick leave. The period of contractual notice the employer is required to give is at least one week more than the statutory minimum period of notice required under the section 86(1) of the Employment Rights Act 1996. The employee is not receiving any pay at the point of resignation, having exhausted their right to sick pay. In these circumstances, what pay, if any, is the employee entitled to receive during their notice period, and would the situation be different if the employer was, instead, to exercise a payment in lieu of notice clause?

An employee resigns on notice from their employment while they are off work on sick leave. The period of contractual notice the employer is required to give is at least one week more than the statutory minimum period of notice required under the section 86(1) of the Employment Rights Act 1996. The employee is not receiving any pay at the point of resignation, having exhausted their right to sick pay. In these circumstances, what pay, if any, is the employee entitled to receive during their notice period, and would the situation be different if the employer was, instead, to exercise a payment in lieu of notice clause? Generally, if the employee has been continuously employed for one month or more, they will have the right to minimum rates of pay during the statutory period of notice, even if they remain unable to work during the notice period because of sickness or injury. If notice of termination is given by the employer, the employer’s liability to the employee is limited to...

What payments are employees entitled to receive in respect of notice and redundancy when they are dismissed for redundancy, and how are these taxed?

What payments are employees entitled to receive in respect of notice and redundancy when they are dismissed for redundancy, and how are these taxed? The payments that an employee is entitled to receive on termination of employment will be determined by statute and the contract of employment. In relation to notice, the written statement of particulars of employment must include the notice of termination that the employee is entitled to receive. The period of statutory minimum notice to be given to employees is: • no minimum in the first month of employment • one week after continuous service between one month and two years • one week for each complete year of continuous service for service between two years and twelve years • 12 weeks after 12 or more years' continuous service If the notice period in the contract is different from statutory notice, then the employee will be entitled to whichever is the longer. An employer can lawfully terminate the contract without notice in certain, specific...

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Employment weekly highlights—10 October 2024

This week’s edition of Employment weekly highlights includes: (1) the Employment Rights Bill 2024 and the government’s ‘next steps’, including commentary from Adam Turner, Partner at Mishcon de Reya, Blair Adams, Partner at Hill Dickinson, Sarah Taylor, Senior Knowledge Lawyer at Stevens & Bolton, Tessa Cranfield, Partner at King & Spalding LLP and Catriona Aldridge, Partner at CMS LLP, (2) Acas guidance on tips and service charges, (3) the Investment Association’s updated executive pay guidelines, (4) analysis from David Smith (partner) and Melissa Beer (knowledge lawyer) at DLA Piper UK LLP of the Supreme Court decision on the status of part-time football referees for tax purposes, (5) a new data protection audit framework from the Information Commissioner’s Office (ICO), (6) a European Commission report on the functioning of the EU-US Data Privacy Framework, (7) European Data Protection Board adoption of guidelines on EU GDPR personal data processing, (8) an opinion on controllers’ obligations when relying on processors, and a statement on proposed amendments to enforcement of EU GDPR, (9) a...

Employment weekly highlights—26 September 2024

This week’s edition of Employment weekly highlights includes: (1) analysis of the Supreme Court decision on the status of part-time football referees for tax purposes, (2) an employment tribunal decision awarding a police sergeant over £1.1 million in her disability discrimination claim, (3) an employment tribunal decision on unlawful inducements during collective bargaining, (4) a successful appeal to the EAT against the Registrar’s decision not to grant an extension of time for an appeal to the EAT, (5) the Supreme Court Rules 2024 coming into force on 2 December 2024, (6) tables of changed going rates in the Statement of Changes to Immigration Rules HC 217, (7)an updated version of the Employers’ guide to right to work checks, (8) the IRLR Highlights for October 2024, (9) dates for your diary, (10) updates to our case tracker and horizon scanner, and (11) new Q&As.