Be Aware UK

Trade Union Act 2016 major provisions coming into force 1 March

20 February 2017 18 June 2019 / trade unions / Employment

The major provisions of the Trade Union Act 2016 will come into force on 1 March 2017. The Trade Union Act 2016 (Commencement No. 3 and Transitional) Regulations 2017 will bring into force the following provisions: The 50% turnout requirement for all industrial action ballots (section 2 of the 2016 Act which amends section 226 of the Trade Union and Labour Relations (Consolidation Act 1992 – TULRCA)); The requirement that 40% of those entitled to vote support industrial action in important public service ballots (section 3 which amends s.226 TULRCA); New rules governing the information that must be included on …

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Employment tribunal developments

15 February 2017 18 June 2019 / employment tribunals / Employment

In the last week, we have seen a couple of developments relating to employment tribunals which will be of interest to employers. The first relates to a new online register of employment tribunal judgments; the second is the publication of the Government’s response to its consultation on transforming the justice system. Online employment tribunal judgments HM Courts and Tribunals has now launched its online register of employment tribunal judgments, (some time after its initial announcement about the planned availability of this service back in June 2016). The register is available here. This is the first time that there has been …

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Court of Appeal decides “self-employed” plumber has worker status

10 February 2017 18 June 2019 / Employment

Employment status is shaping up to be one of the hot employment law topics for 2017. Early February and we already have a Court of Appeal judgment on the subject. Today, the Court of Appeal decided, in the case of Pimlico Plumbers Ltd v Smith, that a plumber, who was engaged as a “self-employed operative”, should in fact have been treated as a “worker” for employment rights purposes. Workers have rights to, for example, paid annual leave and the national minimum wage. Facts Smith worked as a plumber for Pimlico Plumbers Limited for around 6 years. He was labelled as …

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Gender pay reporting: Who is in scope?

7 February 2017 18 June 2019 / gender pay / Employment

ACAS and the Government Equalities Office have published guidance on the gender pay reporting requirements due in force from April. Employers will be required to publish information on their gender pay gap by 4 April 2018. The guidance leaves a number of questions unanswered, including: Which workers are in scope? We know that the report must include employees, zero hours employees and casual workers, plus other workers who provide personal services. But there are some grey areas: What about contractors who supply their services via their own service company, or an intermediary? The guidance suggests that the contractor would count towards the …

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Brexit White Paper: implications for employers

2 February 2017 18 June 2019 / Brexit / Brexit

The Government has published its White Paper on the basis on which it proposes to approach negotiations with the EU on Brexit. There are three parts of the White Paper which will be of particular interest to employers: Controlling immigration; Securing rights for EU nationals in the UK and UK nationals in the EU; and Protecting workers’ rights. Controlling immigration As already widely reported, the Government will seek to end the free movement of people in order to control the numbers of people who come to the UK from the EU. Migration of EU nationals will be subject to UK …

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Brexit: Supreme Court holds that an Act of Parliament is necessary before UK Government can trigger Article 50

24 January 2017 18 June 2019 / Brexit / Brexit

The UK Supreme Court today held by a margin of 8 judges to 3 that the UK Government cannot trigger the UK’s exit from the European Union without an Act of Parliament. It also held unanimously that UK ministers were not legally compelled to consult the devolved legislatures before triggering Article 50. Click here for more detail from dlapiper.com

Immigration Act 2016: New provisions now in force

20 December 2016 18 June 2019 / EU nationals, immigration / 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 of the 2016 Act include the introduction of a new criminal offence of illegal working, criminal liability for employers who employ workers with reasonable cause to believe they do not have the necessary right to work in the UK and increased penalties for those who are found …

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Gender pay reporting regulations published, to come into force 6 April 2017

6 December 2016 18 June 2019 / equal pay, gender pay / 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 contained a number of problem areas (Se our Be Aware of 15 February 2016). Whilst some of those problems have been addressed in the new draft, some remain and there are some new problem areas to grapple with. Employees ‘Employees’ are not defined in the …

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Brexit: Update on the future of ECJ employment case law and directly effective employment rights

17 November 2016 18 June 2019 / Brexit, ECJ / 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 both the Prime Minster, Theresa May and Brexit Secretary, David Davis. Although this makes the position clear as regards employment rights which are enshrined in both primary and secondary UK legislation, less certain is what the post-Brexit status will be of directly effective EU Rights, …

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Brexit: What next in the Article 50 judicial review?

3 November 2016 18 June 2019 / Brexit / Brexit, Employment

The English High Court today held that the UK Government cannot trigger Article 50 of the EU Treaty to commence the UK’s exit from the European Union, or ‘Brexit’, without referring the matter to Parliament. This differs from the earlier decision by the Northern Ireland High Court, where the argument that exit required an Act of Parliament or some other form of Parliamentary mandate was rejected. Key points in the judgment The UK Government had argued that in enacting the European Communities Act 1972 – the legislation which governed the UK’s entry to the European Union in 1973 – the …

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

26 October 2016 18 June 2019 / Brexit / 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 citizens are suing the Government claiming that leaving the European Union will deny them rights derived from the treaties of the European Union which have been given force in UK law under the European Communities Act 1972, which they claim can only be removed by …

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Pay issues remain in the spotlight for employers

25 October 2016 18 June 2019 / equal pay / 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 important considerations about how employers may wish to structure their business. Equal pay encapsulates the principle that men and women should have equal pay for equal work. Employees who feel that this principle has been breached must be able to demonstrate this by pointing to …

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Brexit timing clarified: employment law set to continue intact

13 October 2016 18 June 2019 / Brexit / 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 start of the UK’s formal withdrawal from the European Union. At that point, the two year period of negotiations between the EU and the UK, to design the exit agreement, will commence. The UK will leave the Union by March 2019 (absent an agreed extension). …

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

7 October 2016 18 June 2019 / holiday, holiday pay, working time / 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 that there may be questions as to what is the appropriate reference period in any particular case. The brief facts are that Mr Lock was employed by British Gas as a salesman, earning a basic salary of under £15,000 but with substantial potential for commission …

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

3 October 2016 18 June 2019 / Brexit, EU nationals, immigration / 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 months has been on illegal working, where there have been significant developments. July 2016 saw the introduction of new measures creating a wider criminal offence with increased criminal sanctions, and the implementation of new enforcement powers for the Home Office – see our Be Aware …

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