BREAKING NEWS – Government loses Article 50 court fight

This morning news broke that the Divisional Court has upheld an application brought against the government, and has ruled that the government does not have the prerogative power to invoke Article 50 without a vote by Parliament. In basic terms, unless this case is overturned on appeal, Parliament will need to vote in favour of Brexit before Article 50 is invoked. Theresa May is not able to invoke it without Parliament voting in favour. It is possibly one of the most important constitutional cases in generations and the result has created a nightmare scenario for the government. The Divisional Court…

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Uber, “gig” jobs and employment status

Uber is one of the best known on-demand “gig” job apps. A landmark Employment Tribunal ruling last week has created shockwaves for Uber and other similar apps and has raised question marks over the employment status of individuals that provide services to these apps (in the case of Uber, the drivers). There’s no doubt of the popularity of apps such as Uber, which is now the world’s most valuable start-up. More than 30,000 Uber drivers are based around London alone. The rise of such “gig” jobs, where you start work by opening an app on a smartphone and end when…

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How to negotiate a good settlement agreement

If you’ve got to go, make sure you leave with a sound settlement agreement making your future a lot easier! Settlement agreements are generally becoming more and more popular due to the fact that discussions of a proposed settlement cannot be used, or referred to, in unfair dismissal claims at an employment tribunal. Signing a settlement agreement means you cannot bring a claim against your employer and it is because of this, independent legal advice needs to be sought before signing it as you will be giving up your rights. Let’s assume you are faced with a settlement agreement. What…

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Let’s squash these Brexit rumours

There are certain rumours floating around in relation to Brexit which have left us all wondering whether they could be true. Employers, HR professionals and employees will no doubt have many questions about the implications of voting ‘out’ and how exiting the EU may affect employment laws in the UK. I think it’s time to shed some light and squash these rumours once and for all. Find out more here: Rumour 1 - Statutory holiday and sick pay will come to an end Wrong! The Working Time Regulations do set out the entitlement to holiday. This Regulation does derive directly…

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A brief guide to Settlement Agreements

Settlement Agreements are used by Companies/HR as a legal tool for parting the company with an employee in a way which protects the company from any claims being brought by the employee which could potentially lead to litigation in the Employment Tribunal. Employers are now able to essentially ‘pay off’ staff. This is great for those organisations where there has been a threat of a possible claim. Organisations can agree a payment in exchange for the employee signing away their right to go to tribunal. Sounds simple enough! Let’s bring you up to speed with what you need to know…

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