All Questions
Tagged with employment united-kingdom
130
questions
0
votes
1
answer
116
views
In UK law, what weight does an organisation's stated keywords/values have?
I'm dealing with an organisation (a UK regulator) that claims, amongst other things to be Decent and Ethical[1]. They splash these values everywhere, their emails and website, pretty well anywhere ...
1
vote
1
answer
209
views
(UK) Employee signed off from work by a doctor - can we ask for equipment back?
If an employee is signed off from work by a doctor and is currently holding equipment owned by either his employer or one of his employer's customers, it seems perfectly reasonable to me to ask for ...
4
votes
1
answer
370
views
Redundancy due to Organisational Restructure
Bob has been made redundant today due to "Organisational Restructure" process and let go immediatelly. He has been there for 18 months and the notice period was 1 month. The company offers ...
2
votes
1
answer
602
views
M&A: Avoiding paying redundancy by selling the company? (UK)
Corporation A owns many smaller business units. Corporation A agrees to sell Business Unit X to Corporation B.
Business Unit X has a number of employees who are effectively redundant because their ...
0
votes
1
answer
74
views
UK Employment Law Regarding errors in employment process and contract [closed]
So I applied for a job that was ranged from mid level/senior with me applying for the senior position with the appropriate salary.
I got through all stages of interview and was hired, but when I got ...
1
vote
2
answers
199
views
What are an employed/contracted software developer's responsibilities under the GDPR?
This is prompted by this question but that is rather complicated by the technical details. Suppose the following hypothetical:
Alice is a software developer for Bob Inc. perhaps as a normal employee, ...
3
votes
1
answer
366
views
Can I opt out of UK Working Time Regulations daily breaks?
The Working Time Regulations 1998, PART II, Regulation 10 says
Daily rest
10.—(1) An adult worker is entitled to a rest period of not less than eleven consecutive hours in each 24-hour period during ...
1
vote
1
answer
999
views
UK - Can a company ask employees to attend meetings on their own personal time, during normal work hours?
The meetings are training sessions for software that we use in our day to day, discussions about best practices, talking about learnings from a project etc. So not directly chargeable to a customer.
...
2
votes
0
answers
113
views
Is an employer required to provide full time sign interpreters to mute employees?
I visited a retailer and went through the self checkout till where I was assisted by a mute employee, who communicated with me through a sign interpreter whose job seemed to be to shadow and ...
0
votes
2
answers
151
views
Can a contract clause really stop me from developing something in my own time [duplicate]
My contract states the below:
I assume this means, even things i make in my personal time would belong to the company?
I wonder how enforceable that really is as that would suggest that they would be ...
0
votes
1
answer
129
views
After employing the services of an 'architect' then later finding they are not a registered architect, can the contract be cancelled? (UK)
Alice hires Bob to do architectural work and refers to him as an architect once verbally and once in writing. Bob does not correct her.
Bob never actually calls himself an architect nor advertises ...
3
votes
2
answers
266
views
Is addiction a disability?
Is addiction considered a disability for employment and beneftis rights?
Does it matter if the addiction is legal: say gambling or alcohol; or illegal: drugs or theft (Kleptomania)?
3
votes
1
answer
164
views
What kind of reward is an "inflationary lump sum"?
Some companies are giving employees what they call an "inflationary lump sum" to help them cope with cost of living issues caused by high inflation.
See for example:
https://www....
1
vote
2
answers
189
views
What should a contract contain to protect an employees rights to work on unrelated side projects in their free time? [duplicate]
What should a contract contain to protect an employees rights to work on unrelated side projects in their free time?
Assume UK employment law.
0
votes
2
answers
477
views
What should a contract contain to protect an employees rights to work on unrelated side projects in their free time
A typical IP clause in an employment contract says that
works created "during the course of your employment" belong to your employer.
This is essentially echoing the "work for hire"...
19
votes
6
answers
9k
views
Is there anything illegal about working for another party while on paid leave from one's job?
Meet Bob. Bob has 20 days' paid leave from his work. When he is taking this time off and being paid for it, is there anything wrong with him doing other paid work for another person or company?
0
votes
1
answer
195
views
UK Skilled Worker Visa: Resign prior to completion of minimum employment period
Context
X is on Skilled Worker Visa.
X's employment contract states
2 year minimum employment period
3 month minimum notice period after serving the minimum employment period.
Question
Given the ...
0
votes
1
answer
63
views
Understanding legalese in a UK template service agreement
I'm reading a template service agreement prepared by a UK private limited company for an executive role, and I struggle to understand this clause 13.11, which concerns the post-termination ...
0
votes
1
answer
51
views
wording in a legal document made in an Employment Tribunal in the UK
In a legal document, pertaining to an Employment Tribunal held in the UK, what does the following statement mean:
"Save as expressly admitted or denied above, no admissions are made as to any ...
1
vote
1
answer
214
views
Mandating belief in an unsupported empirical claim under UK employment law
Is the following scenario proscribed by UK law:
An employer mandates that all employees complete an online learning activity. This includes an educational document followed by a multiple choice quiz ...
1
vote
1
answer
913
views
UK: perverting the course of justice and employment tribunals
Suppose a person in the UK takes his/her employer to an Employment Tribunal.
Some time after, the person finds that the employer fabricated evidence that was important to the outcome of the case.
Can ...
4
votes
1
answer
91
views
May a UK academic employer ask the latest pay slip of my current Canadian job?
As a postdoc in a Canadian institution, I have been offered a lecturer position in UK. In the offer email I have received, one clause reads as follows:
Please could you provide evidence of your ...
1
vote
0
answers
61
views
Part time staff being paid less than full time staff but part time staff doing more work - Legal (UK)?
My wife is a teacher at a private school in the UK.
After having children she went part time. She's since asked to go full time but has been refused on the basis that they don't have a need for her to ...
2
votes
1
answer
287
views
Employer ran credit check without my consent
I’ve just started a new job as a cleaner and recieved an email from them regarding the credit check they carried out. I was never told this was going to happen or why they would need to. Does anyone ...
1
vote
2
answers
73
views
What intellectual property rights are being surrendered with this contract?
Alice has worked for an quango/academic organisation “The Establishment”, which is part of a larger “Wider Establishment” for some years. She was recently made redundant on pretty good terms and ...
1
vote
0
answers
54
views
How enforceable (and which parties) does my No Compete Cover?
I have a question about the validity of a no-compete with the company that I work for.
Basically, COMPANY B is a US-based company with an office in the UK, where I am based (although the role is ...
2
votes
1
answer
601
views
Redundancy and replacement with agency workers
My understanding of redundancy is that it should occur only if the role is no longer required. You cannot make someone redundant and employ someone else to do the exact same role. This seems to be ...
23
votes
10
answers
7k
views
If an employer owns any work you produce whilst employed, do you have to be un-employed before you can begin a startup?
I've always liked the idea of owning a start-up company, during my employment history I've encountered problems and developed solutions I think could be developed into an actual product. I'm concerned ...
0
votes
1
answer
131
views
Is a non-poaching clause enforceable if the employee resigns first?
I worked for a company called Widgets Inc. There, I hired Bob, who turned out to be a great employee. Since I have left, Bob has become unhappy at Widgets Inc and is going to resign, he asked me if I ...
1
vote
0
answers
88
views
Salary cut-off date
I started a new job on 6 Dec. The employment contract says:
"payable monthly in arrears, in equal instalments by direct bank transfer on or around the
last day of each month, minus any statutory ...
1
vote
2
answers
119
views
Legal status of employment benefits that are not specifically mentioned in an employment contract
What is the status of employment benefits, where the details of these benefits are given via a "benefits guide" (and "offer letter") prior to signing the contract, but where these ...
8
votes
1
answer
4k
views
Is it legal to dismiss an employee for resigning?
Let's say I work as an employee at a company, and have a contract that states I must give a minimum of 1 month's notice in writing to resign.
In trying to be fair to my employer, and to give them ...
4
votes
2
answers
6k
views
In the UK can someone be fired for job hunting
In the UK: Assuming that no job hunting or application has been done during work hours, can I be fired for openly job hunting out of hours?
What if I advertise my availability on a site like LinkedIn?
1
vote
2
answers
274
views
Can a lawyer charge me before providing advice
Context: I am employed in the UK.
Back in mid-July, I was prospecting for a lawyer to advise me on a new contract my employer wanted me to sign. One of the solicitors who replied to my email asked ...
3
votes
2
answers
325
views
Do UK government ministers have any redress under employment law when they are 'reshuffled' out of a job?
There has recently been a 'cabinet reshuffle' in the UK. A number of ministers have been removed from their posts and have seen a change in their status and salaries. Are these changes covered by ...
3
votes
0
answers
131
views
Are gender-quotas lawful for academic funding bodies in the UK?
Background
I am an academic, working in an interdisciplinary field. The UK's National Institute for Health Research (NIHR) is a United Kingdom government agency which funds research into health and ...
1
vote
1
answer
168
views
UK employment contract - private work outside of contracted hours
OUTSIDE EMPLOYMENT AND ACTIVITIES
During the period of your employment you shall devote the whole of your time and attention
during ordinary business hours to your duties with the Company and shall ...
4
votes
1
answer
103
views
Can my employer ask me to return sick pay if I claim loss of earnings?
I have been employed by the same employer for a number of years, and they have recently provided a revised 'terms of employment' document which includes the following new paragraph
It is a ...
3
votes
1
answer
124
views
Can an employee in the UK (England) be imposed a contractual duty to subject themselves to marijuana tests?
Bob, a citizen of the UK, is a white collar employee of a UK construction company. They never engage in hazardous work or work that is, within the scope of its risk, can endanger others.
Can the ...
-2
votes
1
answer
61
views
Cost of reallocation on changing employer
An employee joined a job 2 years ago. Initially, the employer paid him for re-allocation fees as stated in the contract. The contract also states that
"Under our relocation policy, leavers with ...
2
votes
1
answer
304
views
Confused about Intellectual Property Rights
I have applied for a job as a software developer in the UK and have been sent back a contract which has the following wordage:
You agree that all rights to all material created in the course of
your ...
2
votes
1
answer
149
views
Disclosure obligations to employers: UK full-time salaried employee intending to take up additional paid employment 20% with a non-competing business
I recently started working full-time (i.e. approx 37.5 to 40 hours/week) in the UK as a permanent employee of a UK-based private organisation, with monthly salary paid through BACS to my UK bank ...
1
vote
1
answer
83
views
UK Copyright and IPR in the course of employment: Employee vs Worker
https://www.legislation.gov.uk/ukpga/1988/48/section/11:
2)Where a literary, dramatic, musical or artistic work or a
film, is made by an employee in the course of his employment, his
employer is the ...
-1
votes
1
answer
133
views
How can my employer require me to work "bank" shifts [closed]
The NHS in the UK requires all of its medical staff to commit any hours available you have to do additional work to the NHS as a priority before taking on another role.
Essentially this means that if ...
3
votes
3
answers
236
views
Can a UK employer legally require someone to stay home if they pose a significant risk of harm to others?
I'm thinking of this in the context of the current debate about coronavirus vaccine certificates, but I think the question is wider and I don't want to limit it to just that.
Suppose an existing long ...
1
vote
1
answer
183
views
Whistle-blower protection - evidence obtained illegally?
If a company is surreptitiously operating a discriminatory hiring policy, and evidence from the HR system is leaked to prove it (i.e. records of the ethnic origin and gender of those promoted and ...
3
votes
1
answer
135
views
Why am I given a contract for services instead of a contract for employment?
I work at a UK university doing part-time teaching. I was looking into statutory sick pay recently, which I see can be claimed by someone on an employment contract. When I look at my contract with the ...
1
vote
2
answers
94
views
Must I follow "Compliment Policies" if these are not in the contract?
I am working for a company in the UK where I have undergone courses to help me improve my working skills.
It is written in the "Compliment Policies" on the companies website that if I leave ...
0
votes
2
answers
178
views
What does the wording "wholly unconnected with your employment" mean in a UK Employment Contract
Having some trouble understanding some wording in a contract and how it affects the employee. The main passage is
You shall promptly disclose to the Company and to no-one else all copyright works or ...
1
vote
1
answer
63
views
Working 60% hours, via UK furlough scheme. How does this apply to weeks with a bank holiday?
I'm on partial furlough, working 60% hours, with the gov. furlough scheme paying the fourth day.
Next week has a bank holiday Monday.
Should I still work 3 days that week, with Monday and Friday as ...