Be Aware UK

News and views from DLA Piper's Employment team

CAC rejects novel collective bargaining application in respect of outsourced workers

/ / Employment

The Central Arbitration Committee has rejected a novel claim that outsourced workers employed to provide ancillary services at a university should be entitled to bargain collectively with the university as their “de facto” employer. The Independent Workers Union of Great Britain (IWGB) sought statutory recognition against both Cordant Security and the University of London under […]

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Be Aware: EHRC consults on its approach to enforcement of gender pay reporting regulations

/ / Employment

The Equality and Human Rights Commission (EHRC) has published a draft policy paper setting out the approach it intends to take in using its enforcement powers in respect of the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 (GPGR). The EHRC is consulting on the draft policy and wants to hear from businesses, representative

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Be Aware: Employer’s direct pay offer to employees was unlawful inducement to end collective bargaining

/ / Employment

In our Be Aware blog post of 28 February 2017 we reported on the employment tribunal decision in Dunkley v Kostal UK Limited, a case on s.145B of the Trade Union and Labour Relations (Consolidation) Act 1992. Section 145B is complex but essentially prohibits employers from making offers directly to union members to change their

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ECJ: A worker must be able to carry over paid annual leave when an employer does not allow him to exercise that right

/ , , / Employment

The ECJ held today in King v The Sash Window Workshop that a worker must be able to carry over and accumulate rights to paid annual leave when an employer does not put that worker in a position in which he is able to exercise his right to paid annual leave. EU law precludes the requirement

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Government select committees publish draft bill on worker status

/ Employment

The Work and Pensions (WP) and Business, Energy and Industrial Strategy (BEIS) Committees yesterday published a joint report, A framework for modern employment, (Report) which contains a draft Bill which aims to take forward some of the central proposals from the Taylor Review of modern working practices, which published its report in July. The Report

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Government publishes details of administrative processes for EU nationals

/ , , / Brexit, Employment

The Government has today published further information on the new administrative processes which will apply to EU nationals in the UK who wish to apply for settled or temporary status post-Brexit. In brief: The future status and rights of EU nationals will be defined in the Withdrawal Agreement (WA).  The WA will be incorporated into

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Independent review calls on employers to make mental health a priority

/ Employment

An independent review into mental health in the workplace, commissioned by the Government in January 2017, published its comprehensive report today. It calls for workplace mental health to now be a priority for organisations across the UK. The Thriving at work: Stevenson/Farmer review of mental health and employers report, which also takes into account the

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Brexit: Latest developments on the future of EU nationals working in the UK

/ / Employment

Employers who are monitoring the latest Brexit negotiations on the future status of EU nationals working in the UK may welcome the reassurance delivered by the Prime Minister in Florence recently that it remains one of her ‘first goals…. to ensure that [EU citizens] can carry on living…as before’, and that ‘the guarantee on….rights is

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Monitoring employees: Guidance on privacy in the workplace

/ , / Employment

The recent decision of the European Court of Human Rights in Barbulescu v Romania (see our Be Aware blog post of 7 September) has placed the spotlight once more on the extent to which employers are permitted to monitor their employees’ communications and activities. The adoption of new information technologies in the workplace allows for

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ECHR confirms that employers do not have green light to monitor employee emails

/ / Employment

Further to our Be Aware post of 1 February 2016 on 5 September 2017  the Grand Chamber of the European Court of Human Rights overturned the Lower Chamber’s judgment in Barbulescu v Romania and held the dismissal of an employee after his employer monitored his Yahoo Messenger communications and discovered that he had used the

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Brexit: Update on future rights of EU citizens in the UK

/ , , / Brexit, Employment

In an update to our Be Aware article of 12 July 2017, Government publishes proposals for EU nationals, the UK and the EU have just concluded the latest round of their Brexit negotiations which will be of interest to employers who are monitoring developments as part of a communications strategy for keeping EU nationals in

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