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Insights & News

EIR Triangle 03

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  • Brexit - what now for TUPE?

    21 July 2016

    Following the UK’s vote to leave the European Union, much is being discussed and written about the future shape of post-Brexit employment law, shorn of the requirement to comply with underlying EU directives.

  • The impact of Brexit on Data Protection

    14 July 2016

    At the moment, it is impossible to say with any certainty how data protection legislation in the UK will be affected by Brexit. The General Data Protection Regulation (“GDPR”) is due to come into force in May 2018.

  • Employment law in Korea - an overview

    08 July 2016

    The Republic of Korea (often referred to as South Korea and in this in-brief as Korea) has one of Asia’s strongest performing economies and is home to some of the world’s largest brands.

  • What happens now that the UK has voted to leave the EU

    24 June 2016

    The UK population voted to leave the European Union (“EU”) on 23 June 2016, but nothing will happen for employers and employees overnight.

  • Brexit and data protection - would it make a difference

    07 June 2016

    The UK’s data protection legislation is currently derived from the EU’s 1995 Data Protection Directive (95/46/EC). In May 2018, this will be replaced by the EU’s General Data Protection Regulation (GDPR) which will be directly applicable across the EU (together with a new Data Protection Directive for the police and criminal justice sector).

  • Privacy on parade – the circumscribed right to a private life

    02 June 2016

    A new ruling of the Employment Appeal Tribunal (EAT) raises important questions about when employees can have a reasonable expectation of privacy in respect of material on their personal devices.

  • High price for high heels?

    16 May 2016

    A female employee has hit the headlines after being sent home without pay on her first day as a receptionist by her agency Portico…for refusing to wear high heels.

  • Gender pay gap reporting and Simpson’s Paradox

    06 May 2016

    The draft gender pay gap reporting regulations were published early this year.

  • Latest ruling on holiday pay and commission

    24 February 2016

    The Employment Appeal Tribunal (“EAT”) has confirmed that UK law can and should be interpreted to give effect to the decision of the European Court of Justice (“ECJ”) that results-based commission must be taken into account when calculating workers’ holiday pay (British Gas Trading v Lock).

  • New protections for workers on zero-hours contracts

    17 November 2015

    Earlier this year, we reported on the Government’s ban on the use of exclusivity clauses in “zero-hours contracts”. The ban, which came into force in May, renders unenforceable a contractual provision which prohibits an individual working under a zero-hours contract from working elsewhere. The Government has recently proposed new legislation designed to add teeth to the ban, giving employees and workers the right to bring a tribunal claim if they are penalised for working elsewhere.

  • A glitch in time – European Court rules on travelling as ‘working time’

    11 September 2015

    The European Court of Justice (“ECJ”) has ruled that, for workers with no fixed or habitual place of work, travelling time to and from the first and last customer appointments of the day should count as “working time” for the purposes of the EU Working Time Directive (“WTD”).

  • Remuneration in financial services - new rules on deferral and clawback

    29 June 2015

    New rules on deferral and clawback of variable remuneration are set out in a joint policy statement issued by the Prudential Regulation Authority (“PRA”) and the Financial Conduct Authority (“FCA”). They will apply to variable remuneration awarded for performance periods beginning on or after 1 January 2016.

  • Zero-hours contracts – exclusivity ban now in force

    27 May 2015

    The new government has finally implemented the long-heralded ban on exclusivity clauses in zero-hours contracts. This has been a hot topic for many months, with all of the major political parties including plans to tackle the widespread use of such contracts in their election manifestos.

  • Zero-hours contracts – tackling avoidance

    19 March 2015

    Over the past year, zero-hours contracts have never been far from the headlines and, in the run up to the general election, it seems this issue will continue to be a hot political topic.

  • Will British Gas ECJ ruling fuel holiday pay hike?

    29 May 2014

    The European Court of Justice (ECJ) recently ruled that the EU law requires a worker’s statutory holiday pay to take commission payments into account: it should not be based solely on basic salary

  • Raising the standard of living and ending low pay: passing the buck to employers?

    10 October 2013

    Politicians want a higher standard of living for all, with proposals to end low pay and get more money in more people's pockets. To do this, a range of policy initiatives are being debated that it's hoped will help people with the cost of living and raise living standards, but which will impact employers.

  • Olympism - a protected belief?

    22 August 2012

    It has now been a while since the stunning Olympic cauldron was extinguished and TeamGB’s most successful ever games drew to a close. But there are signs the Olympic spirit may have permeated the nation, leaving a lasting impression.

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