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 »
Yesterday saw the start of the UK’s 2019 mental health awareness week. Many employers will use this as an opportunity to launch new workplace wellbeing schemes or to remind employees of the support they already provide, and to encourage staff to talk openly about their mental health. But do these initiatives actually make a difference?
Mental Health Awareness Week 2019: Workplace Wellbeing Read More »
European Parliament approves law on more transparent and predictable employment for gig and other workers On 16 April the European Parliament voted to approve the Transparent and Predictable Working Conditions Directive, which is aimed at strengthening the rights of workers and improving working conditions by promoting more transparent and predictable employment whilst ensuring labour market
Private sector organisations who engage the service of individuals off-payroll are likely to already be aware of the private sector off-payroll working rules, commonly known as the IR35 regime. The IR35 regime applies where an individual provides their services (directly or indirectly) through a personal service company (a “PSC”) to another person or entity (an
The spotlight on non-disclosure agreements – or confidentiality clauses, as they are commonly referred to – is showing no sign of diminishing. The Government published a consultation paper yesterday, taking forward its agreement in December 2018 to implement one of the recommendations made by the Women and Equalities Committee to better regulate the use of
The spotlight on NDAs intensifies as Government publishes proposals for reform Read More »
The Government’s achingly slow progress in implementing many of the key recommendations of the Taylor Review means that some of the proposals may be in danger of slipping from many employers’ radars. Indeed, a whole year has passed since the Government published its response to the Taylor Review (which itself was published in July 2017).
The Government has launched a new consultation on extending redundancy protection for women and new parents. It comes off the back of key issues raised in the Women and Equalities Select Committee 2016 report and the recommendations made by the Taylor Review of Modern Working Practices. The consultation closes on 5 April 2019. In summary,
Government consults on extending redundancy protection for women and new parents Read More »
The Court of Appeal has handed down judgment in Uber B.V. and ors -v- Aslam and ors, holding by a majority (Underhill LJ dissenting) that the claimant drivers were ‘limb b workers’. The Court of Appeal has, however, taken the unusual step of also granting leave to appeal to the Supreme Court. The appeal focused
Court of Appeal hands down judgment in Uber employment status appeal Read More »
Earlier this year, the Women and Equalities Committee (WEC) launched an inquiry into sexual harassment in the workplace, gathering a range of evidence from oral and written submissions. This culminated in July 2018 in the publication of its report on Sexual harassment in the workplace, which found that the Government, regulators and employers are all
Government’s response to WEC’s report on sexual harassment in the workplace Read More »
The Government’s review of modern working practices has been a rather protracted affair but today there has been a significant development with the publication of the Government’s Good Work Plan, which sets out its vision for the future of the UK labour market. However, as before, when making its initial response to the Taylor Review,
Each day now presents new developments in the Brexit negotiations – and in an update to our article of 20 November 2018, the critical EU Summit has now taken place and the leaders of the EU27 Member States have now agreed the terms of the UK’s withdrawal from the EU and the future relationship. This
On 14 November 2018, after many months of negotiations, the UK Government and the EU Commission finally announced that a draft withdrawal agreement (WA) on the legal terms of the UK’s withdrawal from the EU has been agreed, and at the same time they issued a ‘Political declaration setting out the framework for the future
Draft withdrawal agreement is agreed (for now) – but what next for citizens’ rights? Read More »
Two recent cases involving data protection have recently been in the spotlight. In WM Morrisons Supermarkets PLC v Various Claimants, the Court of Appeal dismissed Morrisons’ appeal against the High Court’s decision that Morrisons was vicariously liable for the deliberate disclosure by an employee of his co-workers’ personal data on the internet. Unless there is
Data protection cases in the spotlight Read More »
The ECJ has handed down judgment on 6 November 2018 in Kreuziger v Land-Berlin and Max-Planck-Gesellschaft, a case concerning the circumstances in which the right to compensation in lieu of annual leave on termination of employment may be lost. The ECJ concluded that a worker cannot automatically lose his acquired right to paid annual leave