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Q&As

Comprehend the law and how it impacts your clients. Q&As shine a light on common issues
Does compulsory maternity leave start on the date of childbirth? If so, is the compulsory leave period deducted from the 26 weeks of ordinary maternity leave an employee is entitled to, or is it in addition to the ordinary maternity leave entitlement?

Does compulsory maternity leave start on the date of childbirth? If so, is the compulsory leave period deducted from the 26 weeks of ordinary maternity leave an employee is entitled to, or is it in addition to the ordinary maternity leave entitlement?

Does compulsory maternity leave start on the date of childbirth? If so, is the compulsory leave period deducted from the 26 weeks of ordinary...

Can a shift allowance be included in the calculation of a worker's pay for national minimum wage purposes?

Can a shift allowance be included in the calculation of a worker's pay for national minimum wage purposes?

Can a shift allowance be included in the calculation of a worker's pay for national minimum wage purposes?Under the National Minimum Wage Regulations...

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Legal Guidance

Q&As

Does compulsory maternity leave start on the date of childbirth? If so, is the compulsory leave period deducted from the 26 weeks of ordinary maternity leave an employee is entitled to, or is it in addition to the ordinary maternity leave entitlement?

Does compulsory maternity leave start on the date of childbirth? If so, is the compulsory leave period deducted from the 26 weeks of ordinary...
16th Jun
Q&As

Can a shift allowance be included in the calculation of a worker's pay for national minimum wage purposes?

Can a shift allowance be included in the calculation of a worker's pay for national minimum wage purposes?Under the National Minimum Wage Regulations...
13th Jun
Q&As

Is it a breach of contract for an employee who is working remotely to move abroad permanently without informing their employer?

Is it a breach of contract for an employee who is working remotely to move abroad permanently without informing their employer?The written statement...
13th Jun
Q&As

If an individual is a worker but not an employee, and therefore not entitled to ordinary maternity leave or compulsory maternity leave, is there protection under health and safety legislation that prevents her from working for a period of two weeks after childbirth, or for four weeks if she works in a factory?

If an individual is a worker but not an employee, and therefore not entitled to ordinary maternity leave or compulsory maternity leave, is there...
13th Jun
Q&As

If a term-time worker who is paid regularly over 12 months of the year is on sick leave that begins during term-time and continues over the school holidays, are they assessed for eligibility for SSP and any contractual sick payments as normal?

If a term-time worker who is paid regularly over 12 months of the year is on sick leave that begins during term-time and continues over the school...
12th Jun
Q&As

In a scenario where an employer has moved an employee with a high-risk pregnancy from a night shift to a day shift on medical grounds (solely relating to the pregnancy), can the employer remove her nightshift premiums from her pay?

In a scenario where an employer has moved an employee with a high-risk pregnancy from a night shift to a day shift on medical grounds (solely relating...
11th Jun
Q&As

In the context of the mechanism for offering renewal or re-engagement of employment as an alternative to making a statutory redundancy payment, where the employer makes an employee redundant and pays in lieu of notice, can the statutory trial period start immediately after the effective date of termination?

In the context of the mechanism for offering renewal or re-engagement of employment as an alternative to making a statutory redundancy payment, where...
11th Jun
Q&As

If a pregnant employee does not give her employer ‘standard notice’ by the end of the fifteenth week before her expected week of childbirth (EWC) that she is pregnant, the EWC and the date on which she intends her ordinary maternity leave period to start, and there is no reason why it was not reasonably practicable to do so, does she lose her entitlement to ordinary and additional maternity leave?

If a pregnant employee does not give her employer ‘standard notice’ by the end of the fifteenth week before her expected week of childbirth (EWC) that...
10th Jun
Q&As

Does parental leave carry over in the same manner as annual leave if an employee is unable to take it due to being on maternity leave?

Does parental leave carry over in the same manner as annual leave if an employee is unable to take it due to being on maternity leave?Under section 76...
10th Jun
Q&As

In the context of confidentiality agreements, what constitutes an ‘indirect’ disclosure? Is it necessary to specifically use the word ‘indirect’ to capture all types of disclosure by the main disclosing party?

In the context of confidentiality agreements, what constitutes an ‘indirect’ disclosure? Is it necessary to specifically use the word ‘indirect’ to...
Produced in partnership with Michelle Last of Keystone law 10th Jun
Q&As

What are the PAYE and NICs implications of a TUPE transfer?

What are the PAYE and NICs implications of a TUPE transfer?When employees are transferred to a new business pursuant to a TUPE transfer, there will be...
10th Jun
Q&As

Can a non-UK incorporated company have a UK taxable presence if it has an employee operating in the UK?

Can a non-UK incorporated company have a UK taxable presence if it has an employee operating in the UK?Whether a single employee working in the UK for...
10th Jun
Q&As

What are the issues to consider where handling a data subject request received from an employee has been outsourced to a third party and the data subject objects to their data being processed by that third party organisation?

What are the issues to consider where handling a data subject request received from an employee has been outsourced to a third party and the data...
10th Jun
Q&As

How is the EU-UK Trade and Cooperation Agreement implemented in UK law, and how does this impact domestic statutory interpretation?

How is the EU-UK Trade and Cooperation Agreement implemented in UK law, and how does this impact domestic statutory interpretation?This answer refers...
Produced in partnership with Eleonor Duhs of Bates Wells and Louise Laing of Brodies LLP, FieldfisherCounsel for EU and International Law, House of Commons 10th Jun
Q&As

How is prorogation of Parliament relevant to Brexit?

How is prorogation of Parliament relevant to Brexit?What is prorogation of Parliament?Prorogation is an act which marks the end of a parliamentary...
10th Jun
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Q&As

What is the status of EU directives in the context of retained EU law? Are there any circumstances where EU directives or provisions of directives (and associated case law) are retained?

What is the status of EU directives in the context of retained EU law? Are there any circumstances where EU directives or provisions of directives...
Produced in partnership with Michael Bimmler of No 5 Chambers 10th Jun
Q&As

What is the position on the interpretation of EU case law relating to EU Directives post IP completion day? In cases concerning retained EU-derived domestic legislation which implements an EU Directive, are UK courts and tribunals bound or permitted to have regard to EU case law on that Directive even though the Directive itself is not retained?

What is the position on the interpretation of EU case law relating to EU Directives post IP completion day? In cases concerning retained EU-derived...
10th Jun
Q&As

What does ‘exclusively in connection with the termination of the employee's employment’ in section 413A of the Income Tax (Earnings and Pensions) Act 2003 mean when considering the exception from income tax available for legal fees paid as part of a termination payment?

What does ‘exclusively in connection with the termination of the employee's employment’ in section 413A of the Income Tax (Earnings and Pensions) Act...
10th Jun
Q&As

What is the sifting process for Brexit legislation?

What is the sifting process for Brexit legislation?Under the European Union (Withdrawal) Act 2018 (EU(W)A 2018), before certain proposed statutory...
10th Jun
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Q&As

Does the meaning of a ‘redundancy payment’ in section 402C(2)(a) of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003) relating to exclusion of such payments from the relevant termination award for the calculation of post-employment notice pay (PENP) include a non-statutory redundancy payment?

Does the meaning of a ‘redundancy payment’ in section 402C(2)(a) of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003) relating to exclusion...
10th Jun

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