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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…

Firefighter ruling sparks new heat for employers

The standby arrangements for Belgium’s volunteer firefighters are set to cause new headaches for employers with workers who are paid flat rates for time on-call or when sleeping in the workplace, with a judgement that will affect companies across the European Union. The Court of Justice of the European Union (CJEU) has ruled that volunteer firefighter Rudy Matzak is a ‘worker’ and that within the meaning of the Working Time Directive his time on standby is ‘working’ time. Under that Directive, ‘working time’ refers to “any period during which the…

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