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Failing to enhance pay for shared parental leave may be indirect sex discrimination
04 May 2018
The EAT has indicated that enhancing maternity pay, but not pay for taking shared parental leave, may give rise to an indirect sex discrimination claim by fathers. This follows last month’s EAT decision that a failure to pay a father enhanced pay for shared parental leave was not direct sex discrimination.
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.
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.
Irish abortion referendum produces toxic mix of politics and advertising
23 May 2018
On a recent trip to Dublin, what struck me most, was the sight of lampposts festooned with 2 or even 3 separate, competing ads 'for' and 'against' the repeal of the 8th Amendment of the Irish constitution, which bans abortion. The referendum on its repeal takes place this Friday (25th May) while the rest of the EU frets about GDPR implementation.
Settlement agreements
24 May 2018
First introduced by statute in 1993, settlement agreements (previously known as compromise agreements) have become increasingly common as a means for an employer and employee to settle claims and/or effect a clean break from the employment relationship.
Frequently asked questions on termination payments
25 May 2018
Our FAQs Inbrief looks at some of the common tax questions that arise on termination of employment.
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.
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.
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.
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
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.
Protecting your business
19 July 2018
Protecting your business from competitive threats is vital. Losing a team or a key employee to a competitor can be extremely damaging. You may lose clients, prospects, and other staff. Your valuable confidential information may be put at risk.
Dispute Resolution Update - July 2018
27 July 2018
Welcome to our July 2018 Dispute Resolution Update which brings you news and our views on law and practice for dispute resolution. We’ve included articles on domestic disputes and international disputes, including summaries of recent cases. We have also included client guides on key aspects of dispute resolution.
Five-month cessation of activities does not prevent transfer of undertaking under EU law
04 September 2018
In a Spanish case, the European Court of Justice (“ECJ”) has ruled that a five-month break in activities between outsourcing contracts did not prevent the transfer of an undertaking under the 2001 EU Acquired Rights Directive (“ARD”).
Fragmentation of activity may preclude service provision change
06 September 2018
The Employment Appeal Tribunal (“EAT”) has confirmed that when considering whether or not there has been a TUPE service provision change (“SPC”), it is critical to identify the relevant activity. The analysis must be done in the right order and any fragmentation should be considered when considering if activities carried on by the subsequent service provider are fundamentally the same as those carried on by the outgoing service provider.
TUPE and the transfer of public administrative functions
06 September 2018
In a case about whether TUPE applied to the transfer of a public health team commissioning services, the Employment Appeal Tribunal (“EAT”) has considered points of appeal in relation to two seldom litigated provisions of TUPE.
Blockchain and the UK Property Industry
12 September 2018
Since 2015 there has been a growing body of commentary extolling the virtues of Blockchain and how it could, and in all likelihood will, revolutionise the property industry. The fact that I (a commercial real estate lawyer and not the most tech-savvy of individuals) am writing a piece about it demonstrates how Blockchain is becoming more mainstream but, I wonder, is all this talk of “revolution” a little excessive?
Parental bereavement bill receives royal assent
14 September 2018
The Parental Bereavement (Pay and Leave) Bill received royal assent yesterday to become the Parental Bereavement (Leave and Pay) Act 2018. It entitles employed parents who have lost a child to take statutory paid leave to allow them time to grieve. It is expected that the new rights will come into force in 2020.
MAC proposals will switch it up for Tier 4 students wanting to work in the UK
17 September 2018
September marks the start of what is likely to be a busy few months in the world of immigration law, with the eagerly awaited Migration Advisory Committee’s report into the impact of EU workers on the UK economy likely to be released in the next few weeks and the long overdue immigration white paper following in October.
Heathrow fined over data breach
09 October 2018
The Information Commissioner’s Office (“ICO”) has made a civil monetary penalty order for the sum of £120,000 against Heathrow Airport Ltd (“HAL”) after a lost data stick containing the sensitive personal information of a number of staff members was found by a member of the public.