As major employers and given the increasing emphasis on negotiating matters with a view to resolving disputes outwith court, HEIs should be aware of the effect of ‘without prejudice’ negotiations.
In accordance with section 28 of the Employment Rights Act 1996, an employer may have to pay an employee a ‘guarantee payment’ where it is unable to provide the employee with employment on a day that they would normally work in terms of the contract.
Even where a contractual variation seems to be authorised by the contract, however, the employer may be prevented from, or restricted in, making the proposed variation. For example, the right may be limited by other provisions of the contract.
Vicarious liability is a doctrine of law whereby a person is liable for the actions or omissions of another in certain circumstances. The most common situation in which this can arise is in tort (or, in Scotland, delict) where an employer is liable for certain acts or omissions of an employee within the course of the employment, which cause harm or injury to a third party.
The national minimum wage (NMW) is a minimum rate per hour that employers are required by law to pay most workers in the UK. There are four rates of pay, three of which are based on age and there is also an apprentice rate.