National minimum wage and gratuity payments

Restaurateurs and other hospitality sector businesses should not bank on Brexit delaying the Government’s plans for legislation designed to deal with tipping protocols.  In December last year the Government said it would introduce legislation as soon as possible to stop employers making deductions from tips and gratuities, including any so-called ‘administration’ charges which are often levied where tips are given through card payments.  It remains unclear whether sharing of tips will be restricted to those who tend to be the lowest paid – waiting and kitchen workers – or whether…

New employment rights raise another red flag for employers

Who’s who on the payroll is an ongoing challenge for employers in the run up to new payslip requirements.   New payslip requirements are set to come into force, requiring itemised calculations for variable rates of pay and hours worked. Alongside, the requirement for payslips will be extended to include workers, not just employees.   The two amendments to the 1996 Employment Rights Act will come into force on April 6 2019.  From that date, employees and workers, including those under casual or zero hours contracts, must receive correctly detailed written, printed…

Worker status for Uber Drivers

The Employment Tribunal has today ruled that two Uber drives are ‘workers’ within the meaning of the Employment Rights Act 1996. Two drivers have argued that Uber was unlawfully failing to provide drivers with basic employment rights. The drivers claim that they are not self employed and argue they are in fact workers which entitles them to certain employment rights. Uber argued that its drivers are self employed and that they can chose where and when they drive and are therefore independent contractors or self employed. The decision of the…

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