Welcome to the Canter Levin & Berg Employment Solutions Blog

IR35 on the way out? Good news for freelancers

[picappgallerysingle id=”285602″ align=”left”]Hidden away in the coalition agreement is the following: We will review IR35, as part of a wholesale review of all small business taxation, and seek to replace it with simpler measures that prevent tax avoidance but do not place undue administrative burdens or uncertainty on the self-employed, or restrict labour market flexibility.…

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“salary sacrifices” could cost British employers £500m in unpaid VAT

[picappgallerysingle id=”2916067″ align=”left”] Salary sacrifice schemes have been heavily promoted in recent years as a more imaginative and beneficial way of providing employee benefits. Schemes typically cover pension contributions, childcare vouchers, staff meals, cycle-to-work schemes and public travel allowances. Such arrangements have also been regarded as tax efficient. However, the overall benefit of such schemes…

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BA Unite decision

[picappgallerysingle id=”8828562″ align=”left”]Unite has WON its appeal against the decision of Mr Justice McCombe earlier this week which prevented scheduled strike action from going ahead. Here’s the reaction from Derek Simpson of Unite: httpv://www.youtube.com/watch?v=bS4liJcFxrM And here’s the reaction from Willie Walsh of BA:httpv://www.youtube.com/watch?v=iUbgbMCgsoY

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BA and Unite – update

[picappgallerysingle id=”8828664″ align=”left”] The Court of Appeal will begin hearing submissions at 2.00 p.m. this afternoon in order to determine whether Unite will be granted leave to appeal against yesterday’s injunction which prevented the latest scheduled strike from going ahead. As has been widely reported, Mr Justice McCombe granted an injunction in favour of British…

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post termination covenants – non-competition – period of restriction

[picappgallerysingle id=”7776916″ align=”left”]Many employers are worried about employees leaving to work for a competitor and therefore seek to impose restrictions on what the employee can do after termination of employment. These post-termination covenants are clearly in restraint of trade and therefore contrary to public policy. However, they are permitted if they can be shown to…

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unfair dismissal – procedurally unfair but what if it might have been fair

Many employment judges regard the frequently made distinction between procedural and substantive unfairness as artificial and there is judicial authority to support that view. Now that the ill-fated Employment Act 2002 (Dispute Resolution) Regulations 2004 (which imposed mandatory procedures) have been scrapped, the hoops which an employer needs to get through to avoid a finding…

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