Over Taylor Biggs

Controlling shareholder can be an employee

The Court of Appeal has confirmed that a shareholder and director of a company can also be an employee.

Tips paid through payroll will not count towards minimum wage

Government has stated that it will legislate to prevent tips being used to 'top up' wages to meet the national minimum wage.  The change will come into effect on 1 October 2009. There will be further consultation on a Code of Practice on tipping.

Blacklisting of union members to be outlawed

Government has announced that it will prevent the use of blacklists to deny workers employment as a result of their union membership or activities. The Government has the power to introduce regulations to this end under the Employment Relations Act 1999. Consultation on whether to outlaw blacklists took place in 2003, so there will now be a shorter Consultation to take account of recent developments. The Government intends to lay the Regulations before Parliament in the autumn, and to implement them as soon as possible thereafter.

Failure to pay tribunal award might amount to victimisation

The Court of Appeal has held that an Employment Tribunal has jurisdiction to hear a post-termination victimisation claim, based on the non-payment of a tribunal award. The Court saw no reason (other than concerns that a double recovery might result) why, if the victimisation claim were proved, a claimant could not receive both the original tribunal award and damages for any loss of benefit or detriment suffered as a result of the victimisation.

Fit Notes

Government has launched a Consultation on the new Fit Notes that are set to replace sick notes in the spring of 2010. The move comes as part of the Government's response to Dame Carol Black's review of the health of Britain's working age population in March 2008.

Redundancy pay limit to rise to £380 on 1 October

Government has confirmed that the increase in the weekly limit used to calculate statutory redundancy pay, from £350 to £380, will take place on 1 October 2009.  It has also stated that the limit will not rise again in February 2010, as it would usually do, instead remaining at £380 until February 2011.

Claims for unpaid holiday pay

The House of Lords has determined that claims to enforce entitlement to holiday pay under the Working Time Regulations 1998 can be pursued under the Employment Rights Act 1996 (ERA). The upshot of this is that claimants will have three months from the last in a series of deductions to put in a claim under the ERA, as opposed to three months from the date of each deduction, as stipulated by the Regulations. However, other important issues on the interpretation of the Regulations' annual leave provisions in relation to workers who are on long-term sick leave - following a ruling by the European Court of Justice - were not reviewed by the Court.