Tax Alert: Repeal of IR35 Reforms

In delivering his mini-budget on 23 September 2022, the Chancellor announced a wide-ranging series of tax cuts and reforms, with a focus on incentivisation, investment and making Great Britain more competitive on the global stage. In a significant (and unexpected) U-turn, it was also announced that the reforms made to the IR35 off payroll working …

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UK mini-budget 2022

In delivering his mini-budget 2022 (referred to by the government as its “Growth Plan”), the Chancellor has announced a wide ranging series of tax cuts and reforms, with a focus on incentivisation, investment and making Great Britain more competitive on the global stage. Key employment and pensions related announcements include the following: IR35 In a …

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Employers take note: Modified right to work scheme is ending

An important date is looming for employers. On 30 September 2022, the COVID-concessionary modified right to work scheme is ending. It was temporarily introduced in March 2020 as a response to the Coronavirus pandemic and eased the burden on employers checking physical right to work documents in light of the work from home mandates from …

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Employment tribunal holds that barristers’ chambers discriminated against barrister due to her ‘gender critical’ philosophical beliefs

In Bailey v (1) Stonewall Equality Ltd (2) Garden Court Service Company (3) representatives of Garden Court Chambers, an employment tribunal has held that a barristers’ chambers, Garden Court Chambers, discriminated against a barrister, Allison Bailey, due to her protected belief that a woman is defined by her sex. Ms Bailey’s discrimination claim against Stonewall …

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Employment Status: Government consultation response published

The Government has today published a response to its 2018 consultation on employment status.  The consultation sought views on how to make employment status rules for employment rights and tax clearer for individuals and businesses.   Today’s response recognises that the boundaries between different employment statuses can be unclear, but concludes that the benefits of creating …

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Businesses can now hire agency workers as cover during industrial action

As was widely publicised at the time of the rail strikes in late June 2022,  the Government has now changed the law to allow businesses which are impacted by industrial action to fill the roles of striking staff with temporary workers. This has been achieved by removing the relevant provision in the Regulations governing the …

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Menopause and the workplace: Government outlines new proposals

In February 2022, as part of our Employee Wellbeing series, we published a Be Aware article The menopause: A business critical issue for employers highlighting key developments on this important issue, including recommendations made to the government by an independent taskforce in its report Menopause and employment: How to enable fulfilling working lives (Report).  This …

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Supreme Court dismisses appeal in Harpur Trust v Brazel holiday pay case: Employers cannot use 12.07% to calculate holiday for part-year workers

The Supreme Court has dismissed the appeal from the Court of Appeal’s judgment in Harpur Trust v Brazel, holding that the holiday entitlement of workers who work only part of the year but are engaged on a permanent contract throughout the year (‘part-year workers’) cannot be calculated by using 12.07% of the hours actually worked …

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Court of Appeal overturns injunction in Tesco “fire and rehire” case

In February this year, the High Court granted a highly unusual injunction preventing Tesco from using so-called ‘fire and re-hire’ to implement changes to terms and conditions for some of its workforce in order to remove a ‘permanent’ contractual entitlement to enhanced pay (see Be Aware 3 February 2022). The Court of Appeal has now …

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Unilateral imposition of pay award was unlawful inducement

In INEOS Infrastructure Grangemouth Ltd v Jones and ors the EAT upheld an employment tribunal’s decision that an employer’s imposition of a pay award amounted to an unlawful inducement under S.145B of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) in circumstances where pay negotiations with the recognised trade union were at an …

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New visa route may open door to wider talent pool for employers

The UK government has announced the implementation of a new visa scheme for ‘high potential individuals’ which is welcome news to employers as the war for talent continues. This new scheme will allow alumni of the world’s top universities to work in the UK for 2 years – or 3 years if they hold a …

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Carers in the workplace: Why supporting employees with caring responsibilities matters

Following the interest in our Employee Wellbeing series to date, we have released this additional fifth article focusing on the support that can be provided to employees who may have to balance their duties in the workplace with caring responsibilities outside work. Why support matters 1 in 7 employees in the workplace currently have caring …

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Living safely with COVID-19: new guidance published

*** Updated at 6 pm on 1 April 2022 following publication of the Guidance on reducing the spread of respiratory infections, including COVID-19, in the workplace. Following the Government’s announcement in February 2022 of its Living with COVID-19 strategy, today sees the removal of the final COVID-19 measures in England including – Removal of free …

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Government to produce statutory code of practice on ‘fire and rehire’

On Tuesday 29 March the Labour Markets minister Paul Scully announced in Parliament that the government will be producing a new statutory code on the practice of ‘fire and rehire’. The code will also “clamp down on controversial tactics used by unscrupulous employers who fail to engage in meaningful consultations with employees”. The new statutory …

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