Employment

Preparing for the GDPR: New employee data subject rights could disrupt core HR procedures

The General Data Protection Regulation (GDPR), due to come into force throughout the EU including the UK on 25 May 2018, will force through a culture change in terms of attitudes to data privacy, according to the Information Commissioner Elizabeth Denham. Speaking at the Data Protection Practitioners’ Conference 2017, Denham warned that organisations risking damaging …

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The clock is now ticking for employers to publish their gender pay gaps

Today marks the beginning of the one year gender pay gap reporting countdown for every employer with  250 or more employees. Within the next 12 months, each of these employers will have to wrestle with the Government’s new complex regulations, get to grips with the various calculations, and finally publish details of their gender pay …

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Gender pay gap reporting: what counts as ‘pay’?

Two weeks from today, 5 April 2017, marks the ‘snapshot’ date for which employers who are in scope need to collect the raw data on which to calculate their mean and median gender pay and bonus gaps. Employers will be required to publish information on their gender pay gap by 4 April 2018. The requirement …

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Scope for ban on Islamic headscarves in the workplace remains limited

The European Court of Justice has decided that an internal rule which prohibits the visible wearing of any religious sign does not constitute direct discrimination based on religion or belief. Although such a rule might constitute indirect discrimination, it may be objectively justified. Facts Ms Achbita (A) was employed, in Belgium, as a receptionist by …

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New apprenticeship levy applies from April 2017

This week (6 to 10 March 2017) marks the 10th National Apprenticeship Week. This is quite timely, as it precedes the introduction of the apprenticeship levy next month. The apprenticeship levy applies from 6 April 2017, and effectively shifts the cost of funding apprenticeships from the government to large employers.  The levy will be collected …

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Collective Bargaining Stalemate? – Tribunal finds employer’s direct approach to employees unlawful

Employers who recognise a trade union for the purposes of collective bargaining should be aware of a recent tribunal decision which may significantly  impact on their ability to implement contract variations where union negotiations reach a stalemate. The s.145B conundrum This is due to a little-known section of the Trade Union and Labour Relations (Consolidation) …

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Trade Union Act 2016 major provisions coming into force 1 March

The major provisions of the Trade Union Act 2016 will come into force on 1 March 2017. The Trade Union Act 2016 (Commencement No. 3 and Transitional) Regulations 2017 will bring into force the following provisions: The 50% turnout requirement for all industrial action ballots (section 2 of the 2016 Act which amends section 226 …

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Employment tribunal developments

In the last week, we have seen a couple of developments relating to employment tribunals which will be of interest to employers. The first relates to a new online register of employment tribunal judgments; the second is the publication of the Government’s response to its consultation on transforming the justice system. Online employment tribunal judgments …

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Court of Appeal decides “self-employed” plumber has worker status

Employment status is shaping up to be one of the hot employment law topics for 2017.   Early February and we already have a Court of Appeal judgment on the subject.  Today, the Court of Appeal decided,  in the case of Pimlico Plumbers Ltd v Smith,  that a plumber, who was engaged as a “self-employed operative”,  …

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Immigration Act 2016: New provisions now in force

The Immigration Act 2016 represents a significant milestone in immigration regulation creating additional duties and responsibilities on individuals and businesses. Immigration is increasingly under the spotlight and likely to remain so for the foreseeable future so it is therefore vital for employers to be fully aware of their responsibilities to effectively manage their risk.  Key features …

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Gender pay reporting regulations published, to come into force 6 April 2017

The Government has today published the revised draft Equality Act 2010 (Gender Pay Gap Information) Regulations 2017, which are intended to come into force on 6 April 2017. Under the regulations, employers employing 250 or more employees will be required to publish information about the gender pay gap in their organisation. The original draft regulations …

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Brexit: Update on the future of ECJ employment case law and directly effective employment rights

As we have reported previously,  the Government’s position in relation to the future of workers’ rights is that, through the mechanism of the “Great Repeal Bill”,  the UK’s EU derived employment laws will remain in place at Brexit and that workers’ existing rights will continue to be guaranteed in law.   This has been confirmed by …

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Brexit: What next in the Article 50 judicial review?

The English High Court today held that the UK Government cannot trigger Article 50 of the EU Treaty to commence the UK’s exit from the European Union, or ‘Brexit’, without referring the matter to Parliament. This differs from the earlier decision by the Northern Ireland High Court, where the argument that exit required an Act …

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