Lawyer Destroyer

This is a common concern for agency workers, and the answer depends on several factors including the terms of your contract, the type of arrangement in place, and how long you have been on the assignment. The legal framework: Agency workers typically work under one of two types of contract. The first is a contract … Read more

Agency Workers and Equal Pay After 12 Weeks: The short answer is yes, but with important detail around what "the same pay" actually covers. The governing law is the Agency Workers Regulations 2010 (AWR), which implemented the EU Temporary Agency Workers Directive into the law of England and Wales (and the UK more broadly). These … Read more

This is a really important question, and the short answer is that while a zero-hours employer has no obligation to offer you any particular number of shifts, stopping or reducing your shifts because you raised a complaint can be unlawful depending on what you complained about and how the situation is characterised. Legal position: On … Read more

This is a really important question and the answer depends on exactly what you complained about, but in many situations the short answer is: no, they should not do that, and if they do, you may have legal protection. Legal position: Even on a zero-hours contract, you have legal rights that protect you from being … Read more

This is a really common question, and the short answer is that zero-hours workers do have more rights than many people realise. Holiday pay: Zero-hours workers are entitled to paid annual leave. Under the Working Time Regulations 1998, all workers, not just employees, are entitled to 5.6 weeks of paid annual leave per year. This … Read more

This is an important distinction in employment law, and getting it right matters because the rights available to you depend heavily on which category you fall into. The law in England and Wales recognises three main categories: employee, worker, and self-employed. Worker is the middle category. You have fewer rights than an employee but significantly … Read more

This is one of the most important and frequently litigated questions in employment law. The short answer is no, your employer cannot simply label you as self-employed if the reality of your working relationship is that of employment. The label the parties use is not decisive. What matters is the true nature of the arrangement. … Read more

Yes, in most cases you are entitled to the National Minimum Wage even if you are paid per job, per delivery, or on a piece rate basis. The key question is your employment status, not the way your pay is structured. Legal position: The National Minimum Wage Act 1998 and the National Minimum Wage Regulations … Read more

This is a question that comes up frequently and the answer depends on several factors, but the general legal position is reasonably clear. Legal position: Once commission has been earned under the terms of your contract, it becomes a debt owed to you. Your employer cannot retrospectively change the rules to reduce or remove commission … Read more

This is a common and often contentious area of employment law. The answer depends heavily on the specific terms of your contract, any commission or bonus scheme rules, and the circumstances of your departure. Starting point: Whether your employer can withhold commission or bonus after you leave turns on the nature of the payment, the … Read more

Unpaid wages and employment tribunals: Yes, you can bring a claim in the employment tribunal for unpaid wages. This is one of the most common types of employment tribunal claim. There are several legal routes depending on the circumstances, so it helps to understand which applies to you. Legal basis for a claim: The most … Read more

This is a question that comes up frequently, and the answer is more nuanced than many employers realise. The starting point: An employer cannot simply deduct money from your wages whenever it suits them. The right to be paid your wages is protected by Part II of the Employment Rights Act 1996, specifically sections 13 … Read more

This is a common issue and the answer depends on several important factors, including what your contract says, whether you actually caused the damage, and how your employer goes about making the deduction. Legal position: The starting point is section 13 of the Employment Rights Act 1996, which provides that an employer must not make … Read more

This is a common workplace issue and the legal position in England and Wales is reasonably clear, though it depends on the specifics of your situation. Legal framework: The key legislation is the Employment Rights Act 1996, Part II, which deals with protection of wages. Section 13 provides that an employer shall not make a … Read more

This is a common concern and the answer depends on several factors, including what your contract says, what the deduction is for, and whether the correct legal requirements have been met. The legal framework: The primary legislation governing deductions from wages is Part II of the Employment Rights Act 1996, specifically sections 13 to 27. … Read more

This is a common and important question, and the answer is more nuanced than many employers realise. Legal position: Under the Working Time Regulations 1998, almost all workers are entitled to a minimum of 5.6 weeks of paid annual leave per year. This is a fundamental right and cannot be contracted out of. The practice … Read more

Yes, in almost all cases you are entitled to be paid for any statutory holiday you have accrued but not taken by the date your employment ends. This applies whether you resign, are dismissed, are made redundant, or leave by mutual agreement. Legal basis: The entitlement comes from the Working Time Regulations 1998, specifically regulation … Read more