Employment

High Court hears legal challenge to Government triggering Article 50 to leave the EU

The High Court has heard 3 days of argument in legal proceedings brought by a group of individuals seeking to determine whether the UK Government has the legal power to trigger the Article 50 of the Treaty of the European Union process to leave the EU without an Act of Parliament. A number of British …

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Pay issues remain in the spotlight for employers

In recent times, pay issues have never been far from the spotlight. The Government’s proposals to introduce mandatory gender pay gap reporting have run alongside some high profile litigation relating to equal pay.   Although the concepts of gender pay gaps and equal pay are different, both place important obligations on employers and give rise to …

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Brexit timing clarified: employment law set to continue intact

The Conservative Party Conference has provided Theresa May, and her Government, with an opportunity to publicise their plans for the timing of Brexit. In her speech to the Conference on 2 October,  the Prime Minster announced that – Article 50 of the Lisbon Treaty will be invoked by the end of March 2017, triggering the …

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Holiday pay must include results-based commission: Court of Appeal decision in Lock v British Gas

The Court of Appeal has confirmed in its decision today in Lock v British Gas that holiday pay must include a representative element of results-based commission. The Court did not comment, however, on whether the 12 week reference period adopted by the tribunal for calculating the commission element was correct in all cases, and indicated …

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Employers: Do your ‘right to work’ checks stand up to scrutiny?

Business immigration issues have not been far from the headlines since the Brexit referendum in June 2016 and, at the weekend, Theresa May announced that Britain will decide for itself how it will control immigration and that it “will be free to pass [its] own laws”. One of the key areas of focus in recent …

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Termination payments – changes to the tax treatment

Following its consultation in 2015, the Government has now confirmed the changes which will be made in how termination payments will be taxed, and published draft legislation for comment. The changes will apply “from April 2018”. It is not clear at this stage whether payments pursuant to settlement agreements entered into before that time will …

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Employers must prepare for gender pay gap reporting as IFS report confirms 18% gap

Today’s publication of a report by the Institute for Fiscal Studies brings the gender pay gap into sharp focus once again.  The report confirms that the hourly wages of female employees are currently about 18% lower than men’s on average, and that the impact of taking time out of the workplace for family reasons continues …

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The ill-treatment of domestic migrant workers because of their immigration status does not amount to race discrimination under the Equality Act 2010

Bethan Odey and Emma Phillips, Senior Associates in our Birmingham office, comment: The recent case of Taiwo v Olgaigbe and another; Onu v Akwiwu and another [2016] UKSC 31 has highlighted the issues which can arise in respect of the employment rights of migrant workers. The case involved Ms Taiwo and Ms Onu, both Nigerian …

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Privacy Shield adopted by European Commission and US Department of Commerce

Earlier this month, the European Commission (EC) voted to adopt the final version of the new EU/US data protection scheme, the Privacy Shield, which provides a mechanism for the valid transfer of personal data from the EU to the US.  The scheme was approved simultaneously by the US Department of Commerce (DoC).     The Privacy Shield …

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Business immigration in post-Brexit Britain

Matthew Leon, Associate in our Edinburgh office, and Heather Barc, Associate in our London office, comment: A significant consequence of June’s Brexit referendum result is that businesses are left operating in an uncertain environment. Employers now face a number of questions particularly in relation to immigration.  What happens to the status of EU member state …

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Despite Brexit, businesses need to start preparing for the General Data Protection Regulation

The Information Commissioner’s Office (ICO) has published an Overview of the European General Data Protection Regulation (GDPR) for organisations. The changes anticipated by GDPR are wide-ranging and require a cross-organisational compliance framework that will take time to assess and implement effectively. Organisations which process data within the UK should start their planning now if they …

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Right to work checks: Extended criminal liabilities for employers

Germaine Machin-Cowen and Aaron Lyons, Associates in our Sheffield office, comment: On 12 July 2016, a number of changes under the Immigration Act 2016 will come into force, including extended criminal offences for employers in relation to illegal working. Background All employers in the UK have a duty to prevent illegal working by carrying out …

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Non-compete clauses: Government call for evidence – let us submit a response on your behalf

In April 2016, the Government launched its Innovation Plan, and, as part of this, announced it would be making a call for evidence on the future of employers being able to include non-compete clauses in agreements with workers and employees.  DLA Piper’s Employment group has prepared a survey which focuses on key questions raised by …

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