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EIR Triangle 03

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  • 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.

  • Bid to object to transfer fails because TUPE did not apply

    22 September 2017

    The High Court has considered an employee’s attempt to escape a lengthy period of garden leave by objecting to a TUPE transfer when his employer was going through a change in ownership. This was a creative attempt by the employee to avoid his contractual notice obligations, but he ultimately failed due to the lack of one key ingredient - a TUPE transfer.

  • April 2017 changes

    22 September 2017

    In April we saw the introduction of the Government’s much heralded immigration skills charge. The charge is in essence a penalty fee payable by Tier 2 sponsors for relying on non-resident rather than local workers.

  • Gimme 5

    22 September 2017

    A series of five hints, tips and thoughts to help keep your sponsor licence healthy.

  • New guidance published for employers conducting right to work checks

    22 September 2017

    In August we also saw the publication of amended Home Office guidance for employers conducting right to work checks. Here are some of the highlights:

  • Continuous service for notice pay preserved on transfer

    22 September 2017

    The European Court of Justice (“ECJ”) has considered an interesting TUPE issue concerning continuous service, arising in a case referred by the Swedish Labour Court.

  • Mansplaining, micro-inequities and managers

    21 September 2017

    Over the years, awareness of discrimination has increased significantly. Almost everyone will (hopefully) be able to spot direct discrimination when they see it. For example, subjecting a gay worker to homophobic abuse, sacking a woman as soon as she announces her pregnancy, or telling a Muslim colleague that her hijab “made her look like a terrorist” (as was alleged in a recent Employment Tribunal claim).

  • Taxation of termination payments updated legislation published

    19 September 2017

    The Government proposes to make a number of changes to the tax and national insurance (“NI”) treatment of termination payments.

  • Andrew Osborne comments for Bloomberg: Premier League Fights to Retain Playing Talent After Brexit

    15 September 2017

    Andrew Osborne has commented in an article for Bloomberg which discusses the affect of Brexit on the Premier League retaining and attracting foreign players.

  • Yahoo! We’re watching you… Monitoring employee communications

    06 September 2017

    Monitoring an employee’s personal correspondence at work was a breach of human rights, according to a new ruling by the Grand Chamber of the European Court of Human Rights (“ECtHR”). This reverses the ECtHR’s previous judgment in the same case in January 2016.

  • Uber’s worker status appeal rejected

    06 September 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.

  • Retail workers comparable to distribution centre workers for equal pay claim

    05 September 2017

    The Employment Appeal Tribunal (“EAT”) has ruled that individuals working in Asda’s retail stores can compare themselves with distribution centre workers in claims for equal pay.

  • Executive pay ratio reporting – sound familiar?

    04 September 2017

    The Government has recently announced it will take forward a number of proposals for corporate governance reform relating to employment. Media reports have focused on the watering down of earlier plans for worker representation on boards, which has predictably been attacked by unions.

  • Amendments to rules on bringing family members to the UK: Have the Government gone far enough?

    22 August 2017

    On 10 August 2017 changes to the immigration rules came into force which will have wide implications for British citizens wanting to bring family members to join them in the UK.

  • Your employees and Brexit: the situation so far

    14 August 2017

    With the Government’s announcement in June of its plan for EU migrants following Brexit, many UK employers are struggling to understand the potential effects of its proposal on employees who are EEA nationals or family members of EEA nationals.

  • BAME footballers, unconscious bias and the workplace

    08 August 2017

    A study published last year analysed the racial composition of professional football club leadership, looking at players, coaches and key decision-makers in Premier League and Football League clubs.

  • Latest decision on holiday pay - regular voluntary overtime payments to be included

    07 August 2017

    The EAT has clarified that regular voluntary overtime payments form part of “normal remuneration” and should be included in the calculation of holiday pay for the purposes of the four weeks’ minimum annual leave entitlement required by EU law.

  • Thorny issues arising from the abolition of Employment Tribunal fees

    04 August 2017

    The Supreme Court ruled last week that Employment Tribunal (“ET”) fees are unlawful. The case has significant constitutional and political implications, but also raises a number of thorny practical issues. We explore some of these issues here and will provide further updates as matters develop.

  • Right to paid parental bereavement leave is coming

    04 August 2017

    The Parental Bereavement (Pay and Leave) Bill, introduced into Parliament last month, would entitle employed parents who have lost a child to take statutory paid leave to allow them time to grieve. Although this is a private member’s bill, it is supported by the Government and would meet a Conservative manifesto promise to ensure “bereavement support” for employees – so there is a good chance it will become law in due course.

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