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EIR Triangle 03

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  • Care workers not entitled to minimum wage for sleep-in shifts

    18 July 2018

    In a case of huge significance for the care sector, the Court of Appeal (“CA”) has decided that care workers carrying out “sleep-in” shifts are not entitled to the national minimum wage (“NMW”) for the whole shift, but only when they are required to be awake and working.

  • Where might the Government’s Brexit White Paper lead us?

    17 July 2018

    Although massively contentious, the Government’s White Paper proposals on the relationship between the UK and the EU post-Brexit add some flesh to the bones of what future interrelation between the two entities might look like. What are the key points for employment lawyers?

  • Voluntary overtime to be included in holiday pay for NHS staff

    12 July 2018

    In the latest decision on the vexed question of the correct calculation of holiday pay under the Working Time Regulations (“WTR”), the Employment Appeal Tribunal (“EAT”) has ruled that both non-guaranteed and voluntary overtime should be included in the calculation under the NHS Terms and Conditions of Service

  • Free trade and controlling free movement - can the UK and the EU square the circle (18 months on)?

    05 July 2018

    The Brexit rollercoaster continues to rattle along as we hurtle towards 29 March 2019, the projected date for the UK to leave the EU.

  • Too hot to handle? What employers need to know about the heatwave

    04 July 2018

    There’s nothing Brits like more than talking about the weather and this year we’ve had a lot to discuss. Just a few months ago, the country was shivering in sub-zero temperatures, brought from Siberia by the “beast from the east”. Now that seems like a distant memory and we’re enjoying one of the hottest summers on record.

  • Hong Kong’s Court of Final Appeal rules in favour of allowing same sex married couples to submit dependant visa applications

    04 July 2018

    Following the unanimous decision of the Court of Appeal on 25 September 2017, Hong Kong’s Court of Final Appeal today ruled in favour of QT the lesbian civil partner of a British expat who challenged the Director of Immigration’s decision not to grant dependant visas to same sex married couples.

  • Roll on 06 July 2018...

    03 July 2018

    On 6 July 2018, transitional provisions will come into force, once again changing the way in which the Home Office calculates continuous residence in the UK for indefinite leave to remain (ILR) applications.

  • The EU (Withdrawal) Act - what does it mean for employment law?

    27 June 2018

    That’s it - we’re leaving. You can Remoan all you want to, but yesterday was a momentous milestone in the history of Brexit with the EU Withdrawal Bill receiving Royal Assent and becoming the European Union (Withdrawal) Act 2018.

  • Gender Pay Parity – Does it really make a difference?

    25 June 2018

    Kathryn Weaver joined a recent BritCham panel discussion in Hong Kong on Gender Pay Parity to discuss if the rising awareness has really made a difference.

  • Ask About...Retail, Fashion and Hospitality

    19 June 2018

    Many of our clients in the retail, fashion and hospitality sector face similar HR issues. Each month one of the members of our team will identify an issue, ask how you would deal with it and provide our advice. This month we asked Laura...

  • High Court dismisses Pimlico plumbers challenge to Deliveroo contract

    15 June 2018

    In the latest development regarding “worker status” and the “gig economy”, and applying this week’s earlier Supreme Court decision in Pimlico Plumbers, the High Court has rejected the Independent Workers of Great Britain trade union application for a judicial review of the Central Arbitration Committee’s decision that Deliveroo riders are not “workers” based on the terms of Deliveroo’s “substitution clause”.

  • Supreme Court says Pimlico Plumbers are workers

    13 June 2018

    In the latest major development in a series of cases on employment status, the Supreme Court has rejected an appeal by Pimlico Plumbers and confirmed that a “self-employed” plumber should have been classed a worker.

  • CEO pay ratio reporting coming soon

    12 June 2018

    Good news for fans of gender pay gap reporting who work for UK-listed companies – executive pay gap reporting will soon be added to your to-do list as well.

  • Kathryn Weaver comments for Playtimes Hong Kong on the length of paternity leave

    07 June 2018

    Kathryn comments for Playtimes Hong Kong concerning the fact that the government is still debating the length of paternity leave, and why it's so low compared to other countries.

  • New IR35 rules coming to the private sector soon

    05 June 2018

    The Government has launched a consultation to tackle non-compliance with the IR35 regime in the private sector.

  • Political and religious views of sports stars - balancing contractual restrictions with human rights

    01 June 2018

    Sports personalities are often subject to sporting rules that restrict their ability to make political statements or promote religious ideology when competing. Furthermore, contractual provisions can also mean that statements made in their personal capacity while off duty, for example on social media, can lead to disciplinary action or worse. Can such restrictions be challenged on the basis of human rights? Does it make a difference if the athlete genuinely holds the views (e.g. because of religious or cultural beliefs)?

  • Japan’s #metoo movement

    30 May 2018

    The #metoo movement has been slow to gain traction in Japan. There have been few reported cases about sexual harassment involving public figures...until recently.

  • GDPR incoming! Some challenges from an immigration perspective

    24 May 2018

    GDPR. Four letters currently dominating the thoughts of every company in Europe. The General Data Protection Regulation comes into force tomorrow, Friday 25 May 2018.

  • Appeal judgment confirms Addison Lee cycle couriers are workers

    17 May 2018

    In the latest decision on employment status in the gig economy, the Employment Appeal Tribunal (“EAT”) has dismissed an appeal by Addison Lee against an Employment Tribunal (“ET”) decision that its cycle couriers were “workers” and so entitled to holiday pay.

  • Five in 5

    15 May 2018

    A series of five hints, tips and thoughts you should definitely remember as part of your sponsor reporting obligations.

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