Be Aware UK

News and views from DLA Piper's Employment team

Employment

The Future of Work: Insights into the new Employment Rights Bill: #6 Industrial action

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Labour’s Plan To Make Work Pay, published before the election in May, stated: “Labour will update trade union legislation, so it is fit for a modern economy, removing unnecessary restrictions on trade union activity and ensuring industrial relations are based around good faith negotiation and bargaining. This will end the Conservatives’ scorched-earth approach to industrial […]

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The Future of Work: Insights into the new Employment Rights Bill: #5 Trade union recognition and organising

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In the latest of our articles taking an in-depth look at aspects of the Employment Rights Bill (ERB) we focus on the provisions which strengthen and simplify the law on trade union organising and recognition, which include: Introducing a duty on employers to inform workers of their right to join a trade union. Strengthening trade

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The Future of Work: Insights into the new Employment Rights Bill: #4 Hospitality & leisure focus

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Hotels, restaurants, bars, pubs, sports, gaming, and leisure attractions, all heavily rely on casual and seasonal workers to ensure the business is appropriately resourced to respond to fluctuating demand throughout the year.  As such, hospitality and leisure is the sector which is most likely to be impacted by the government’s upcoming changes to the law

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Autumn Budget 2024 – Umbrella Company Tax Reforms

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Background As announced by the Chancellor of the Exchequer, Rachel Reeves, in the Autumn Budget 2024, the government will be introducing new legislation, from April 2026, to combat non-compliance in the umbrella company market. Umbrella companies are employment intermediaries who employ temporary workers on behalf of agencies and/or end clients. The workers’ services will ultimately

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The Future of Work: Insights into the new Employment Rights Bill: #3: Impact on contractual change and redundancy exercises

/ Employment, Reform

The dynamic nature of business means that employers and their workforces must sometimes go through evolutionary changes to keep pace with, for example, economic shifts,  technological developments,  market trends,  or legal/regulatory requirements. Current UK employment legislation permits evolution of this type, albeit with certain protections for employees built in.    Redundancy dismissals are possible provided that

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The Future of Work: Insights into the new Employment Rights Bill: #2: A new era of protection against harassment in the workplace

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In just a couple of days’ time, employers will – for the first time – have a new positive obligation to take reasonable steps to prevent sexual harassment in the workplace.  This is a significant milestone in the protection of employees and marks a material stride forward in the momentum for tackling this issue –

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The Future of Work: Insights into the new Employment Rights Bill: #1: Making unfair dismissal a day one right

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The Employment Rights Bill 2024 (Bill), which had its first reading on 10 October, will transform the employment law landscape. In the first of a series of articles focussing on specific measures in the wide-ranging Bill, we start by looking at the impact of the removal of the qualifying period for unfair dismissal. Since the

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The Employment Rights Bill 2024: the most extensive overhaul of workers’ rights in generations?

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At a glance Right to claim unfair dismissal will become a ‘day one’ right, subject to a statutory nine-month probationary period Parental leave and paternity leave become day one rights Stricter controls on ‘fire and re-hire’ will be introduced Flexible working will be more difficult for employers to refuse Right to guaranteed hours contract for

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EHRC publishes updated guidance on sexual harassment and harassment at work

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26 October 2024 is a landmark date for employers – for the first time, they will have a positive duty to take reasonable steps to prevent sexual harassment in the workplace.  Now, with a month to go, the Equality and Human Rights Commission (EHRC) has just published its updated technical guidance on sexual harassment and

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Supreme Court restores injunction to prevent Tesco using ‘fire and rehire’ to remove a ‘permanent’ contractual entitlement to enhanced pay

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In February 2022, 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 overturned the injunction

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Law giving workers right to request more predictable working conditions will not be brought into force in September

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At a glance The Workers (Predictable Terms and Conditions) Act 2023 (WPTCA) received Royal Assent in September 2023 and was expected to be brought into force in September 2024 No commencement regulations have been passed It is now being reported that the WPCTA will not be brought into force Instead the government plans to bring

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King’s Speech confirms major employment law reforms  

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The King’s Speech has today been given to both houses of Parliament.  In line with the Labour party’s pre-election plan to make work pay and deliver a new deal for working people, the speech, along with accompanying background briefing notes, has confirmed a significant number of major employment law reforms. The most impactful include Labour’s

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Hospitality and Leisure Focus: Preventing sexual harassment in the workplace: How should the H&L sector prepare for October?

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Continuing with our series of articles focussed on topical issues for employers in the Hospitality and Leisure sector, we are today looking at steps employers should be taking in advance of October 2024, when employers will be under a new duty to prevent sexual harassment. We will also consider the potential further strengthening of the

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Workplace sexual harassment: EHRC launches consultation on updated guidance

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At a glance On 26 October 2024, new laws will put a new positive obligation on employers to take reasonable steps to prevent workplace sexual harassment. The Equality and Human Rights Commission (EHRC) has now issued a consultation seeking views on updates to its existing technical guidance (issued in 2020) assisting employers to understand their

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Financial Services in Focus: Carried interest: Key employment considerations

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Carried interest is a common financial incentive for individual investment fund managers (Fund Managers). The Fund management team will generally be employees of an entity separate from the Fund (for example, the Fund’s investment advisory or management entity) and will receive an annual salary for providing investment advisory services to the Fund. In addition to

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