The battle lines have been drawn in the UK general election with Brexit and also the wider immigration system being high on the political agenda. Navigating clients through Brexit-immigration queries, speaking with knowledge and skill about the impact of election promises and leading clients into a post-Brexit immigration system will be an essential services to …
London Central employment tribunal has handed down a judgment in a TUPE case which, whilst not binding, is potentially hugely significant for employers. In Dewhurst and ors v (1) Revisecatch Limited t/a Ecourier (2) City Sprint (UK) Limited the tribunal was asked to determine the novel point whether the Transfer of Undertakings (Protection of Employment) …
Tribunal finds workers, not just employees, are covered by TUPE Read More »
The Supreme Court has decided unanimously in Gilham v Ministry of Justice that a district judge is not a worker for the purpose of the protection given to whistle-blowers under the Employment Rights Act 1996 (ERA), but that she could nevertheless bring a whistle-blowing claim. Under s.230(3) of the ERA, a worker is defined as …
On 20 and 27 September 2019, millions of people across the globe are expected to take part in strikes in an effort to ask politicians to increase action on the climate crisis. The proposed strike action has been called by Global Climate Strike, an environmental group born out of the international school strike movement inspired by …
Global Climate action protests – how can employers strike the right balance? Read More »
In a decision which potentially significantly impacts employers who engage workers under arrangements which do not have set normal working hours, the Court of Appeal has confirmed that holiday pay should not be calculated on the basis of 12.07% of hours worked but instead should be based on an average of earnings in the 12 …
Holiday pay: 12.07% formula should not be used for workers with no normal working hours Read More »
The government’s last-minute flurry of legislative activity looks set to continue right up to the parliamentary summer recess; today the government has issued its response to consultation on extending workplace protection for pregnant women and new parents as part of the Good Work Plan. Research by the Department for Business, Energy and Industrial Strategy (BEIS) …
The spotlight is continuing to shine brightly on the issue of sexual harassment in the workplace, and employers need to be alive to the government’s proposals for reform which, after a fairly slow start, are now coming thick and fast. The trend towards increasing protection for employees is moving ever upwards, and employers need to …
Government outlines its proposals for reforms to confidentiality clauses (NDAs) Read More »
One-sided flexibility The government has launched a further consultation as part of the Good Work Plan seeking views on proposals to address the problem identified by the Low Pay Commission (LPC) of one-sided flexibility in the labour market. One of the recommendations of the Taylor Review of Modern Working Practices (July 2017) was that ‘the …
On 11 July 2019 the government published draft legislation (Draft Legislation) together with a summary of responses (Response Paper) to the policy paper and consultation document issued in March 2019 regarding proposed changes to the off-payroll working rules, commonly referred to as the IR35 regime, which apply to the private sector. The private sector IR35 …
The Government has published two consultation papers this week which are of interest to UK employers. The first paper – Health is everyone’s business – sets out the Government’s proposals to reduce ill health-related job loss. The second paper – part of the Good Work Plan – proposes the establishment of a new single enforcement …
For employers, the departure of a key employee from the business to a competitor can present real concerns about the future preservation of critical business assets such as clients, customers, suppliers and employees. In this situation, the spotlight will shine brightly on the terms of any restrictive covenants which have been included in the employee’s …
Supreme Court decision should prompt employers to review restrictive covenants Read More »
In a move which continues to demonstrate the government’s commitment to tackling sexual harassment in the workplace, and reinforces the importance which employers need to attach to this issue, the Government Equalities Office has published a consultation paper today which explores the existing protections for workers and how these could potentially be strengthened. This step …
The Court of Appeal has handed down judgment in Kostal UK Ltd v Dunkley and others, a case concerning the scope of s.145B of TULR(C)A. In a decision which will be welcomed by employers who recognise a trade union, the Court of Appeal allowed Kostal’s appeal and overturned the decisions of the EAT and ET. …
This week, in the latest development on holiday pay, the Court of Appeal gave its judgment in East of England Ambulance Service NHS Trust v Flowers and confirmed that both non-guaranteed and voluntary overtime are in scope for inclusion in holiday pay calculations in respect of the 4 weeks’ Working Time Directive holiday entitlement, provided …
The Court of Appeal has given its judgment in the combined cases of Hextall v Leicestershire Police and Capita v Ali and another. The Court found that different rates of pay for mothers on maternity leave and fathers on shared parental leave is not unlawful sex discrimination – it is not direct, nor indirect discrimination, …
Pay during shared parental leave: no sex discrimination where pay rates differ Read More »
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