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Pod 6, The Engine Rooms, Station Road
Chepstow
Monmouthshire

01633 730907

For more than 10 years we have provided companies of all sizes and in a variety of sectors with uncomplicated, innovative and affordable human resources advice and on-site support ensuring that your people are an asset to your company and not a liability.

News

With the National Minimum Wage (NMW) now almost fifteen years old, and with another increase pending on 1st April 2017 HMRC have issued a list of the most elaborate excuses they've been given by employers for not paying the appropriate rates:

Workers To Be Protected from Health and Safety Detriments

Alan Kitto

Section 44 of the Employment Rights Act affords employees the right not to suffer any detriments for refusing to work in an environment which they reasonably believe places them (or someone else) in serious, imminent danger.

Employees would have claims for automatic unfair dismissal if they were dismissed or claims for automatic constructive unfair dismissal if they were disciplined in these circumstances; it’s legally untested whether a detrimental would include not being paid.

Employees do not need the minimum two year service period to bring these claims as is the case for most unfair and constructive unfair dismissal claims.

Earlier this week the Government outlined plans to extend this provision to ‘workers’ as well as employees; when this is implemented it will apply to detriments on or after 31st May 2021.

For more information, please get in touch.