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EIR Triangle 03

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  • Applying game theory to HR

    16 November 2017

    The influence of game theory, developed in the 1950s by Nobel Prize-winning mathematician John Forbes Nash Jr, has been huge. It provides a formal modelling approach for decision-makers to explore a variety of interactions among agents, and their potential outcomes.

  • Full Employment Tribunal fees refunds scheme now open

    16 November 2017

    After a brief pilot scheme, the full scheme for refunding Employment Tribunal (“ET”) fees is now open for use by both claimants and respondents.

  • Our latest Brexit update on immigration

    16 November 2017

    The UK Government published a Brexit update with the notion that it would relieve worried EEA nationals in the UK and let everyone see how lovely the UK Government intend to be over the end of free movement. This somewhat backfired when the European Parliament then said the proposal was “inadequate”.

  • Deliveroo defends union recognition application by demonstrating its riders are genuinely self-employed

    15 November 2017

    The Central Arbitration Committee (“CAC”) has rejected an application from the Independent Workers’ Union of Great Britain (“IWGB”) for collective bargaining rights in respect of Deliveroo riders, in a case in which Lewis Silkin acted for Deliveroo.

  • Uber’s worker status appeal rejected

    10 November 2017

    The Employment Appeal Tribunal (“EAT”) has upheld the decision of an Employment Tribunal (“ET”) that drivers engaged by Uber are “workers” rather than independent contractors.

  • Feedback - positivity vs negativity

    02 November 2017

    Feedback is one of the most powerful tools for optimising workplace performance. Getting it right can help a business to constantly improve. Mistakes become learning opportunities; failures and bad behaviours are not repeated. Conversely, getting feedback wrong can destroy motivation, causing productivity to plummet.

  • New ACAS guidance on mental health in the workplace

    25 October 2017

    Mental illness costs employers in the UK a lot of money – up to £30 billion each year in lost production, absence and recruitment costs according to Acas, which has recently published a guide to “promoting positive mental health in the workplace”.

  • Employment Tribunal fees - refunds begin

    24 October 2017

    After an unexpectedly lengthy wait, the Government has launched the first stage of its scheme for refunding Employment Tribunal (“ET”) fees following the Supreme Court’s decision that the fees system was unlawful.

  • Progress on the Parental Bereavement Bill

    23 October 2017

    The purpose of the proposed Parental Bereavement (Pay and Leave) Bill (“the Bill”) is to provide a statutory right to paid leave for employed parents who suffer the loss of a child. Previous attempts to introduce paid leave in these circumstances over the past few years have been unsuccessful. However, this Bill - introduced into Parliament in July - has the support of the Government and is likely to become law.

  • Ask About … Retail, Fashion & Hospitality

    11 October 2017

    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 Lucy...

  • International data transfers - are model clauses now under threat?

    05 October 2017

    Many of you will remember Max Schrems, the Austrian law student who in 2015 successfully brought a case to the European Court of Justice (“ECJ”) that resulted in the “safe harbor” - the agreement that allowed the transfer of EU citizens’ data to the US - being declared invalid.

  • Brexit: from a slow drip to a full-on leak

    27 September 2017

    On 5 September 2017, the Home Office Post-Brexit Immigration Document was leaked to the public. The document – the exact publication date of which we do not know – provides a screenshot of government policy towards EU nationals and their non-EU family members. The document talks about how those individuals will be affected at three separate stages: (1) those in the UK ‘before exit’, (2) those who come to the UK during the ‘implementation phase’, and (3) those who arrive ‘after the implementation period’.

  • Court of Appeal orders Hong Kong’s Immigration Department to accommodate same-sex partners as dependants

    26 September 2017

    In a unanimous decision made on 25 September, the Court of Appeal ruled that the Immigration Department’s refusal to issue a dependant visa to the lesbian civil partner of a British expat was not rational.

  • Sean Dempsey comments for The Telegraph: How much regulation is needed to secure an open economy?

    26 September 2017

    Sean Dempsey commented in an article for The Telegraph discussing how businesses and regulatory bodies must not lose sight of workers’ rights and data protection as the way they work is transformed by technology.

  • Employee liability information is not limited to contractual matters

    25 September 2017

    The Employment Appeal Tribunal (“EAT”) has ruled that the employee liability information (“ELI”) that a transferor is required to provide under regulation 11 of TUPE is not limited to contractual entitlements. In addition, the EAT decided that there is no obligation on the transferor to set out whether any entitlement is contractual or not.

  • TUPE and collective agreements - static vs dynamic debate revisited

    25 September 2017

    A judgment of the European Court of Justice (“ECJ”) in a German case has reconsidered the effect of a TUPE transfer on employment terms governed by a collective agreement. The issue to be determined was whether, once a business had transferred, the new employer was compelled to apply the terms and conditions arising from collective agreements adopted after that transfer.

  • Service provision changes – determining principal purpose of organised grouping

    25 September 2017

    The EAT has given guidance on the correct approach to determining the “principal purpose” of an organised grouping of employees within the meaning of the service provision change (“SPC”) rules under TUPE.

  • Gender pay gap reporting – the story so far

    25 September 2017

    It’s a little over five months since the first “snapshot date” of 5 April 2017 and less than seven months before the final deadline for employers with 250 or more UK staff to publish their first ever gender pay gap reports without incurring the wrath of the Equality and Human Rights Commission. This seems as good a point as any to ask the question “Where are we now?”

  • Automatic transfer of employees applies on ‘pre-pack’ sale

    25 September 2017

    The European Court of Justice (“ECJ”) has confirmed that, in the event of a “pre-pack” sale aimed at rescuing all or part of an insolvent undertaking as a going concern, EU transfer of undertakings law requires that the employees automatically transfer. This is consistent with the position in the UK under TUPE.

  • Illegal working penalties released; name, shame and make them pay

    25 September 2017

    The ONS has released the illegal working civil penalties data for the first quarter of 2017. The revenue raised was £5,900,000, prior to any adjustment following objections to the penalties. Given the population difference, it is not surprising that London and the South East had the highest number of penalties applied and illegal workers found but there were still large numbers issues in the Midlands and North West as well.

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