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Employment - Legal Updates

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Aug
07
2015

Supply chain reporting: many more companies will be caught as turnover threshold for compliance reduced to £36m
#Employment

Following consultation, the government has decided not to limit the new reporting requirements of the Modern Slavery Act affecting supply chains just to very big companies. Speaking on his tour of south east Asia, prime minister David Cameron has now confirmed: “From October we will also require all businesses with a £36 million turnover or above to disclose what they are doing to ensure their business and supply chains are slavery free. He went on to say...

Aug
07
2015

Permanent employees can be redeployed to replace agency staff
#Employment

The EAT has upheld a tribunal's decision that the scope of regulation 13, Agency Workers Regulations 2010 is limited to providing agency workers with a right to be informed of vacancies within the end user company. It rejected the claim that agency workers were entitled to be afforded equal status with comparable permanent employees in being considered for a vacancy....

Aug
07
2015

Government proposes £95,000 cap on public sector exit payments
#Employment

The government has issued a consultation document on proposals to introduce a cap of £95,000 on the total value of exit payments made to public sector employees. Any waiver of the cap would require consent from the relevant Minister, or from the full council in the case of local government exit payments. The consultation closes on 27 August 2015....

Aug
07
2015

Less than half of employers have a whistleblowing policy
#Employment #Dispute Resolution

The whistleblowing charity, Public Concern at Work, has published this week some YouGov survey results showing that, surprisingly, only 48 per cent of workers in a representative sample said their workplace had a whistleblowing policy. This was despite the fact that 81 percent of workers surveyed said they would raise a concern about possible corruption, danger or serious malpractice at work. In the last two years, 11 per cent of workers said they had such concerns. Of those, 59 percent had raised them with their employer....

Jul
30
2015

Consultation launched on simplifying the tax treatment of termination payments
#Employment

A consultation is underway (closing on 16 October 2015) on simplifying the tax treatment of termination payments. The proposals are a significant move away from the current regime....

Jul
29
2015

Campaign launched to combat EHRC findings of maternity discrimination
#Employment

The Equality and Human Rights Commission (EHRC) has launched the #worksforme campaign, which aims to support employees and employers with pregnancy and maternity issues in the workplace....

Jul
29
2015

Health watchdog investigates NHS trust following sexual harassment case
#Employment

A tribunal has ruled that an NHS chief unfairly dismissed an employee after she refused his advances. The claimant managed the HR department at Derbyshire Healthcare NHS Foundation Trust, and had a strong working relationship with the defendant, regularly meeting up with him to discuss work over lunch....

Jul
27
2015

National Living Wage: first national retailer joins campaign
#Employment

Ikea is leading the way in the campaign for a National Living Wage, becoming the first large national retailer to announce plans to comply with the new rates....

Jul
27
2015

Justice Committee launches inquiry into the effects of court and tribunal fees
#Employment

The Justice Committee, consisting of 11 cross party MPs is conducting an inquiry into the impact of tribunal fees introduced for claims submitted on or after 29 July 2013....

Jul
17
2015

Trade Union Bill: biggest changes to strike laws in 30 years
#Employment

This week the Government announced the new Trade Union Bill 2015, which will be highly controversial, including the biggest changes to industrial action law since the 1980s....

Jul
17
2015

Gender pay gap reporting: consultation underway
#Employment

This week’s other big news on the employment front has been the Government’s launch of a consultation on legislation on gender pay gap reporting. This will close on 6 September 2015....

Jul
17
2015

Sick employee can choose not to take holiday leave and postpone it, but not indefinitely.
#Employment

In relation to sickness and holiday leave, an issue which sometimes arises is whether an employee on sick leave has to demonstrate that he was unable by reason of illness to take holiday for it to be carried forward. Another question is whether there is an unlimited right to carry forward....

Jul
10
2015

National Living Wage - what are the implications?
#Employment

This week’s huge news is the announcement by the Chancellor of a new “National Living Wage” which will effectively replace the National Minimum Wage for workers over the age of 25....

Jul
10
2015

How much pay should be deducted from striking workers?
#Employment

If you have been one of the many commuters stuck this week because of the rail and tube strikes, you may be heartened to learn that in a recent case, the Court of Appeal took a robust approach on the issue of how much pay an employer can withhold from a salaried worker....

Jul
06
2015

Where are we on holiday pay?
#Employment

So, with the summer holiday season upon us, where are we now exactly on the issue of the calculation of holiday pay? Can employers move forward in implementing changes to how holiday pay is calculated in the knowledge that there is sufficient legal certainty on the issue?...

Jul
06
2015

Request for Information and Consultation Agreement from 28 employees fails
#Employment

The EAT has upheld a decision of the Central Arbitration Committee that for the purposes of the Information and Consultation of Employees Regulations 2004 (The ICE Regulations) an undertaking has to be a legal entity....

Jul
06
2015

Consultation on gender pay gap reporting
#Employment

The government has confirmed that a consultation will be launched in the coming weeks, with a view to making regulations under section 78 of the Equality Act 2010 (EqA 2010) to implement gender pay gap reporting....

Jun
26
2015

Employers continue to win battle in Geneva on right to strike
#Employment

Back in February of this year, we reported on the highly controversial issue of whether there is an internationally recognised legal standard guaranteeing a right to strike....

Jun
26
2015

When does the duty to consult arise in a collective redundancy?
#Employment

The issue of what is meant by “establishment” for the purpose of collective redundancy consultation having been dealt with recently by the European Court of Justice, the next vexed issue on collective consultation is at what point in the employer’s decision making processes does the obligation to consult arise?...

Jun
19
2015

"Nothing in principle" to prevent voluntary overtime being included in holiday pay
#Employment

A Northern Ireland appeal has been allowed on the decision in Patterson v Castlereagh NIIT/1793/13 after the employer’s legal representatives conceded that there is “nothing in principle” to prevent voluntary overtime being included in holiday pay....

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