TUPE – Who is responsible for NMW Records (and the fine for non-compliance)?

In a recent Employment Appeal Tribunal (Mears Homecare Ltd v Bradburn and others) it has been confirmed that the duty on employers to maintain National Minimum Wage (NMW) records moves to the new employer (the transferee) when a TUPE (Transfer of Undertaking, Protection of Employment) transfer takes place.
Posted on 23 Sep 2019

All Change: How should an employer calculate a term-time worker's paid holiday?

There has been a recent case in the Court of Appeal that has turned annual leave calculations upside down for those working on term-time contracts in particular – and has done away with the 12.07% calculation recommended by Acas for use with zero hours employees. It has resulted in all employees who are employed for a full year - irrespective of whether they only work part of it – being entitled to the full 5.6 weeks and not a pro rata amount.
Posted on 23 Sep 2019

Latest Blogpost: Is HR too PC or should there be more “Human” or “Catbert” in the title?

I got some feedback the other day that suggested that people thought I was very “proper” and PC (Politically Correct) – and that I always did things “by the book”, but that I was more fun when I showed my more human side! It got me thinking about the difference between my intentions and how this is interpreted by others.
Posted on 21 Aug 2019

August Admin Offer – 20% off and free data-upload service

You may already be aware that Cherington HR has partnered with breatheHR to provide a cloud-based simple and effective HR system. It provides a cost-effective way of managing your personnel information, staff holiday bookings and sickness monitoring (see and the short video on that page for more details.) But, if the thought of getting all the initial information into the system is what has been putting you off, the nice people at breatheHR are offering to upload it for you if you ask for a free trial during August. Furthermore, there would be 20% off the subscription cost for the first 6 months.
Posted on 14 Aug 2019

Agency vs Directly employed – How do they differ?

As you may be aware, after 12 weeks service for a particular business, agency workers are entitled to the same basic working and employment conditions as employees directly recruited by the business to do the same job. The relevant terms and conditions are those relating to pay, duration of working time, night work, rest periods, rest breaks and annual leave. However, a recent case has clarified some important aspects…
Posted on 14 Aug 2019
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