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A term that includes employees and also other groups such as agency workers or anyone carrying out work who is not genuinely self-employed.
Workers might include those involved in seasonal work, such as farm labourers or shop assistants.
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Issues with franchising in an overseas territory—checklist This Checklist sets out the issues for a franchisor to consider when preparing to operate the franchise in an overseas territory. The advance of technology has helped facilitate the rise of a global economy. This has led to the creation of opportunities for companies to trade outside of their domestic markets and exploit developing territories. However, a number of issues arise when a franchisor is preparing to operate in an overseas territory some of which are detailed below. PESTLE analysis A franchisor may wish to carry out a political, economic, environmental, sociological, technological, legal and environmental factors (PESTLE) analysis in relation to a new territory. The information obtained from the analysis can be used as a guide to strategic decision making when considering international franchising. Below is a list of legal and non-legal issues that might arise with international franchising. Political • There may be increased political or legislative risks that should be taken into consideration by businesses before they commence operations in...
°Õ±«±Ê·¡â€”c³ó±ð³¦°ì±ô¾±²õ³Ù This checklist gives an overview of the steps to take and issues to consider when the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 apply to a business sale or service provision change. It also highlights relevant Practice Notes and Precedent materials. It is not aimed at clients but may be adapted for that audience. See also the following TUPE-related checklists: • What transfers under TUPE, and who is liable—checklist • Pension issues on a TUPE transfer—checklist • Checklist—immigration-related requirements on a TUPE transfer • Drafting a tripartite settlement agreement—checklist • Legal background â—¦ For an outline of the effect and requirements of TUPE 2006 generally, see TUPE and asset purchases—overview • Obtain essential information â—¦ Prepare lists of employees and of contact names and telephone numbers for (where relevant) union officials and/or employee representatives â—¦ Identify precisely what is being transferred or contracted-out (it may be a business or part of a business or an economic activity) and how this will be defined in...
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Industrial action that has statutory immunity—flowchart FORTHCOMING CHANGE: The legal framework for giving protected status to industrial action and picketing is to be amended under clauses 54 to 61 of the Employment Rights Bill, introduced on 10 October 2024 (see Practice Note: The right to take industrial action—Employment Rights Bill). Clause 118 of the Bill confirms that many of the proposed changes will come into force two months after the Employment Rights Act 2025 is passed. The Strikes (Minimum Service Levels) Act 2023 will be repealed on the day on which the Act is passed. For further information on the Employment Rights Bill, generally, see Employment News Analysis: The Employment Rights Bill, and Employment Rights Bill 2024-views from the sector, LNB News 10/10/2024 85. To track the progress of the Bill through Parliament, see Practice Note: Employment Rights Bill—tracker. The government also launched a public consultation on creating a modern framework for industrial relations. The consultation seeks views on several specific...
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Part-time workers have the right not to be treated less favourably (see Less favourable treatment and the pro-rata principle below) than a comparable full-time worker (see Comparable full-time worker, below) in relation to certain employment-related matters under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (PTW Regs 2000), SI 2000/1551. They also have the right to request from their employer a written statement giving reasons for any less favourable treatment to which they have been subjected (see The right to a written statement giving reasons for less favourable treatment, below).Part-time workers are also protected against victimisation by their employer (consisting of subjecting the worker to a detriment or dismissing the worker) for having exercised or sought to exercise their rights under PTW Regs 2000 (see under Tribunal claims, below).In some circumstances, part-time workers may have the right to bring, under the Equality Act 2010 (EqA 2010), a claim for indirect discrimination, or an equality of terms claim, in relation to less favourable treatment they have experienced. Full-time employees...
The auto-enrolment regime, established under the Part 1 of the Pensions Act 2008 (PenA 2008), imposes a statutory duty on employers to make arrangements for the auto-enrolment of all of their ‘eligible jobholders’ into a ‘qualifying scheme’. Employers are also required to contribute to that scheme on behalf of eligible jobholders.The auto-enrolment regime includes numerous provisions imposing sanctions upon employers and other parties for non-compliance. For further information, see Practice Note: Auto-enrolment: the requirements—Sanctions for non-compliance.Employees and workers also enjoy direct protection under employment legislation in relation to their rights under the auto-enrolment regime.Right of employee not to be unfairly dismissedAn employee (ie an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment) who is dismissed is regarded as automatically unfairly dismissed (see Automatically unfair reasons) if the reason (or, if more than one, the principal reason) for the dismissal is that:•any action was taken, or was proposed to be taken (eg by the Regulator, the employee or their...
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Notice—fair piece rate for rated output work (national minimum wage) To: [insert name of worker] From: [insert name of employer] 1 This notice is to tell you that, in order to comply with the national minimum wage legislation, you will be treated as working for a certain period of time when doing your job of [insert brief description of piece produced or task performed, eg knitting jumpers, stuffing envelopes, delivering newspapers etc] during the next and subsequent [insert type of applicable pay reference period, eg days, weeks or months]. 2 To calculate the period of
Lone worker safety tips General • Be aware of your surroundings. Wearing headphones can reduce your awareness. When wearing headphones don’t turn them up so loud that you cannot hear outside noise. • Save an ICE (in case of emergency) number in your phone. This can help emergency personnel locate a friend or family member who can speak on your behalf if you become unconscious or incapacitated. Just enter the acronym ICE into the mobile's phone book and then log the name and number of someone who should be contacted in an emergency. If you have more than one contact name you can use ICE1, ICE2, ICE3, etc. Example, ICE1 Mum 01234 567890. • Before leaving your house or the office, always think ‘keys, money, phone, plans to get home.’ It will help you think about your safety and plan your journey properly to minimise the risk of getting lost. • If you are [customer OR client]-facing and working alone, don’t wait for aggression to come to you before considering...
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When it comes to calculating the total pay of an agricultural worker in Scotland for minimum wage purposes, how does the accommodation offset rate as set out in the Agricultural Wages (Scotland) Order (No 69) 2022, affect the calculation if the worker in question is provided with free accommodation in the form of a house? For information on the National Minimum Wage (NMW), including conditions for eligibility and how the minimum hourly rate is calculated, see generally, Practice Note: National minimum wage. Most ‘workers’ who work in the UK are entitled to be paid the minimum wage. A person qualifies for the national minimum wage if they: • are a worker • who works, or ordinarily works, in the UK under their contract, and • have ceased to be of compulsory school age When it comes to determining whether or not a worker is being paid the minimum wage, the calculation essentially involves working out an hourly rate of pay by dividing payments received by hours worked in a pay...
Where a worker’s pay is not in compliance with National Minimum Wage (NMW) rates, can the worker bring a claim in the employment tribunal and also make a complaint to HMRC for enforcement proceedings against their employer? If the worker’s claim involves a cause of action in addition to their claim for statutory underpayment of wages, would they be able to pursue the claim for underpayment separately via HMRC enforcement, and proceed just with their employment tribunal claim in respect of the other, non-NMW-related, claim(s)? If a worker has not been paid the national minimum wage: • the worker can enforce their entitlement by way of their contract by making a claim for breach of contract or a claim for unlawful deduction from wages • HM Revenue and Customs (HMRC) can enforce the worker's entitlement by issuing a notice of underpayment or suing on the worker's behalf For further information, see Practice Note: National minimum wage, in particular the main sections dealing with Consequences of failure to pay and Enforcement...
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A round-up of the latest health and safety prosecutions, including a stone manufacturing company fined after two workers were struck by slabs of stone, with one of the men sustaining multiple bone fractures.
This week's edition of Corporate Crime weekly highlights includes analysis of compliance trends in the landscape of corporate ethics to be expected in 2025, of the OTSI‘s guidance published on ‘no-Russia' clauses and countering Russian sanctions evasion and of the SFO securing its first UWO linked to a £100m fraud case. Also included is news of the MoJ’s newly launched consultation on the role of computer evidence in the criminal justice system, of Defra’s recently published guidance to assist businesses in preparing for the ban on the sale and supply of single-use vapes and of the EA Chief Regulator’s call for reforms to the UK's environmental regulation framework following the release of their 2023/24 report on environmental enforcement statistics. All this, and more, in this week’s Corporate Crime highlights.
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(1)    In this Act “employee†means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment.(2)    In this Act “contract of employment†means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing.(3)    In this Act “worker†(except in the phrases “shop worker†and “betting workerâ€) means an individual who has entered into or works under (or, where the employment has ceased, worked under)—(a)    a contract of employment, or(b)    any
Workers is referenced 1 in UK Parliament Acts
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