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Does an employee waive an employer’s repudiatory breach by resigning on notice and continuing to work?

What happens if the employee asserts that he or she has been constructively dismissed but resigns on notice and continues to work? The High Court in Brown and others v Neon Management Services Ltd and another [2018] EWHC 2137 held that working a lengthy period of notice after resigning in response to a repudiatory breach can amount to a waiver of the breach and affirmation of the contract, such that the employee will not be released from his or her restrictive covenants.
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Does an employee waive an employer’s repudiatory breach by resigning on notice and continuing to work?

Does giving notice amount to an unambiguous act of resignation from employment?

An employee giving notice does not necessarily amount to an unambiguous act of resignation from employment, the Employment Appeal Tribunal found in East Kent Hospitals University NHS Foundation Trust v Levy.
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Does giving notice amount to an unambiguous act of resignation from employment?

Gender pay gap catalysing change for gender diversity amongst executives

Born out of frustration after years of women in the city earning less than their male counterparts, the UK’s gender pay gap reporting regime has provided a sense of optimism amongst executives. Companies have been seriously concerned with the impact on their reputation. With the transparency of published figures, companies risk facing public backlash. With that in mind, many of the larger banks are beginning to pilot new schemes ranging from encouraging women to take on roles that are more male-dominated to attempting to remove gender bias from the recruitment system by anonymised certain information. Several other companies are aiming to pilot similar schemes focusing at the mid-career level for women and if those schemes prove successful to implement them on a larger scale.

Gender pay gap catalysing change for gender diversity amongst executives

New guidance issued on employment references

New guidance from the UK Advisory, Conciliation and Arbitration Service (Acas) provides employers with a timely reminder in relation to their obligations when providing and obtaining references which is an area in which employers can easily fall foul if they are not careful.
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New guidance issued on employment references

Employee status and agency workers: The nature of the work is the key consideration

An employee on a temporary zero hours contract should be classed as an agency worker, the Employment Appeal Tribunal found in Brooknight Guarding Limited v. Matei.

Background

Brooknight Guarding Limited employed Mr Matei as a security guard on a zero hours contract for 21 months. He worked mostly for Mitie Security Ltd, although not exclusively, and Brooknight could assign him to different clients. Mr Matei claimed he should be classed as an agency worker under the Agency Workers Regulations 2010 (Regulation 3(1)). As a result, he said he should be entitled to the same basic working conditions as Mitie staff after 12 weeks of service. The ET found Brooknight was using Mr Matei as a ‘cover security guard’, rather than an employee on a permanent basis, and so the ET classed him as an agency worker. Brooknight appealed the decision to the EAT on the basis that the employee could work on a zero hours contract and still be a permanent employee of Mitie.

Decision

The EAT agreed with the Tribunal’s decision and dismissed Brooknight’s appeal. The Tribunal had considered the nature of Mr Matei’s contract and short period of employment, but these factors were not the determining factors; the focus was on the nature of the work and whether it was temporary. Brooknight’s own correspondence with Mr Matei itself suggested the relationship was temporary. The Tribunal was therefore right to conclude that Mr Matei was an agency worker and entitled to the same terms and conditions as those working directly for Mitie.

Conclusion

The decision informs us that the key issue a tribunal will consider when determining agency worker status is the nature of the work carried out and whether the work is permanent or temporary. The EAT considered the nature of Mr Matei’s contract and relatively short period of employment, but they were not determinative. Employment businesses will need to be mindful that an agency worker on a zero hours contract can still gain rights under the 2010 Regulations after 12 weeks’ service, if the nature of the work is temporary. End users will also have to take note, since they can be held liable for any breach of week 12 rights under the Agency Workers Regulations.

Employee status and agency workers: The nature of the work is the key consideration

What can employers take from the latest migration statistics?

Earlier this month we blogged on the CIPD's latest quarterly labour market snapshot which found that the number of applicants per vacancy had significantly decreased across all skill levels in the last 12 months. The ONS has now released its August quarterly report on the UK migration statistics for the year ending March 2018 and the report highlights some interesting shifts in the patterns of EU migration in and out of the UK.
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What can employers take from the latest migration statistics?

Is the Apprenticeship Levy failing?

The Apprenticeship Levy, which came into force in April 2017, requires employers with pay bills over £3 million to pay 0.5% of their total gross pay bill to the government (through PAYE) which is then used to fund approved apprenticeship programmes. Each employer has an annual Apprenticeship Levy allowance of £15,000 to offset against their levy liability.
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Is the Apprenticeship Levy failing?

Sex discrimination case flushed out of the Tribunal system with a £25,000 settlement

A female council worker has settled her sex discrimination claim for £25,000. She was instructed to go to a different office, ahead of an inspector's visit, to clean the kitchen and the toilets. She was told the toilets "needed a woman's touch" despite the fact that cleaning was not within her job description.
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Sex discrimination case flushed out of the Tribunal system with a £25,000 settlement

Only 6% of Brits work 9am-5pm

A recent survey from YouGov has found that only 6% of Brits now work 9am-5pm and nearly half of those surveyed worked flexibly through job-sharing flexitime or compressed hours. The study shows that the most preferred working hours are 8am-4pm (chosen by 37% of the respondents) with another 21% saying they would prefer to start work even earlier at 7am and finish at 3pm.
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Only 6% of Brits work 9am-5pm

Publicise parental leave policies

A study conducted by the Liberal Democrats has revealed that only 4 UK government departments display their parental leave and pay policies on their external websites. This is despite the fact that the government has launched a new "Share the joy" campaign, intended to encourage more parents to utilise shared parental leave, and is spending £1.5 million to increase awareness.
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Publicise parental leave policies