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TUPE
Inbrief
12 January 2024The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) and previous versions of the regulations have been in force in the UK since 1981. The purpose of TUPE is to safeguard employee rights in the transfer of a business.
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Settlement agreements can settle future employment claims
11 January 2024In a helpful decision for employers, the Scottish Court of Session has ruled that a settlement agreement can be used to settle future as well as existing employment claims – even where those claims only arise after the agreement has been signed.
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What’s happening in ROI employment law in 2024?
11 January 2024From the commencement of the right for employees to request remote and flexible working, increases in statutory sick pay and minimum wage entitlements, the lowering of the threshold for employers who will be obliged to report on their gender pay gap and an ever-increasing focus on all things AI, guidance on, and extension of, whistleblowing obligations, there is a lot of change on the horizon for employers in Ireland. Here’s our summary of what to look out for in 2024.
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Equal Pay
Inbrief
10 January 2024Equal pay law first developed in the UK in the 1970s after a campaign by trade unions and women's groups. The principle that men and women who do equal work should receive equal pay is implemented through the Equality Act 2010.
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Equality at work
Inbrief
09 January 2024Discrimination in the workplace is governed by the Equality Act 2010.This brings together into one place all of the equality laws that had developed over a number of years, including those based on EU law. It also covers discrimination in other areas such as the provision of goods, facilities and services. This lnbrief gives an overview of the law in an employment context.
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Disability discrimination
Inbrief
09 January 2024The Equality Act 2010 governs the law relating to unlawful discrimination, including disability discrimination. There are some special protections for disabled people in addition to those which apply to other protected groups, including the duty to make reasonable adjustments. This Inbrief gives an overview of the law in the employment context.
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Labour market policy and employment law under a Keir Starmer-led government: a recent report may offer a crystal ball
03 January 2024Can we see a glimpse into the future approach of a Labour government to labour markets and employment regulation from the recent Resolution Foundation report?
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What’s happening in Northern Irish employment law in 2024?
03 January 2024Following the political talks before the holidays, could we see the return of the Executive and Assembly in Northern Ireland in early 2024? The current political stalemate is causing an increasing divergence between the employment laws in Great Britain and Northern Ireland. That said, the post-Brexit reform agenda impacts Northern Ireland and holiday pay litigation will keep many busy following the landmark Agnew decision. Here’s our summary of what to expect in employment law in 2024.
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What’s happening in UK employment law in 2024?
03 January 2024From carer’s leave and day 1 flexible working requests to new laws requiring proactive steps to prevent workplace sexual harassment, there’s a lot of legislative change on the horizon. Here’s our summary of what to expect in employment law in 2024.
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Working time changes in Northern Ireland: here’s what it means for employers
03 January 2024EU rules on holiday pay are being kept, according to new regulations that speedily came into force on 1 January 2024. This article looks at the new laws.
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EU Platform Workers Directive – more changes as political agreement reached
21 December 2023The Platform Workers Directive has taken another important step towards being adopted by the EU, with political agreement on the text being reached on 13 December. This involves some significant changes to the originally proposed draft wording.
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Redundancy protection to be extended to cover pregnancy and return from family leave
14 December 2023From 6 April 2024, employees who are pregnant or returning from maternity, adoption or shared parental leave will gain priority status for redeployment opportunities in a redundancy situation. We explain the new rights and implications for employers.
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Carer’s Leave – the new law explained
14 December 2023From 6 April 2024, employees will have a statutory right to a week’s unpaid leave to care for a dependant. The Carer’s Leave Regulations 2024 have now been published in draft form and provide the details on how this new right will work in practice.
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Is early workforce consultation required for small scale redundancies?
12 December 2023In a decision with potentially significant implications for employers, the EAT has indicated that the lack of ‘general workforce consultation’ at a formative stage in a small-scale redundancy exercise could taint the fairness of the process.
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How can employers support older employees in reskilling and returning to the workplace?
07 December 2023With an ageing population and a resurgence of over-50s returning to the office, employers are increasingly needing to rethink recruitment and retention strategies in response. This article explores ways employers can support older workers in the workplace, without falling foul of age discrimination legislation.
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Paul Gillen comments on why workplaces must be neurodivergence-aware for the Belfast Telegraph
Press
05 December 2023While major employers are now actively recruiting people with neurodivergent backgrounds, the number of industrial tribunal cases involving neurodiverse employees has quadrupled in the last four years. Paul Gillen comments for the Belfast Telegraph.
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The employee voice, social media and the culture wars - where to draw the line?
30 November 2023Employers are walking the tightrope between ensuring an open and inclusive workplace, inviting employees to bring their “whole selves” to work, yet protecting against discrimination, harassment and an outbreak of culture wars. Knowing whether and when to step in can be a challenge, particularly in the age of social media and instant communications.
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IR35: offset mechanism to be introduced for the off-payroll working rules
23 November 2023The Autumn Statement 2023 contained an announcement that a new offset mechanism will be introduced for the off-payroll working rules, which will help end users and fee payers where HMRC has disagreed with a status determination.
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No mention in the King’s speech: a non-starter for non-compete limits?
22 November 2023The government’s planned reform to non-competes was conspicuous by its absence in the King’s Speech on 7 November 2023. There is now much greater uncertainty as to whether any legislation limiting non-compete restrictions to a period of three months will make it to the statute books.
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Deliveroo riders not entitled to collective bargaining, Supreme court rules – Colin Leckey comments for Reuter
Press
22 November 2023The Supreme Court finds that Deliveroo riders are not in an “employment relationship” for the purposes of European human rights law. Colin Leckey commented that the decision provided certainty for platform economy companies with highly flexible operating models in which individuals have genuine freedom about whether and when to work.