Be Aware UK

News and views from DLA Piper's Employment team

Immigration Act 2016: New provisions now in force

/ , / Employment

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

/ , / Employment

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

/ , / Employment

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

/ / Brexit, Employment

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

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

Pay issues remain in the spotlight for employers

/ / Employment

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

Pay issues remain in the spotlight for employers Read More »

Brexit timing clarified: employment law set to continue intact

/ / Employment

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

Brexit timing clarified: employment law set to continue intact Read More »

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

/ , , / Employment

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?

/ , , / Employment

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

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

Termination payments – changes to the tax treatment

/ / Employment, Tax

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

/ , / Employment

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

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

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

/ , , / Employment

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

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

Privacy Shield adopted by European Commission and US Department of Commerce

/ / Employment

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

Privacy Shield adopted by European Commission and US Department of Commerce Read More »

Business immigration in post-Brexit Britain

/ , / Employment

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

Business immigration in post-Brexit Britain Read More »

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

/ , / Employment

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

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

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