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Irish abortion referendum produces toxic mix of politics and advertising
23 May 2018On 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.
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New IR35 rules coming to the private sector soon
05 June 2018The Government has launched a consultation to tackle non-compliance with the IR35 regime in the private sector.
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CEO pay ratio reporting coming soon
12 June 2018Good 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.
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Supreme Court says Pimlico Plumbers are workers
13 June 2018In 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.
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Voluntary overtime to be included in holiday pay for NHS staff
12 July 2018In 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
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Care workers not entitled to minimum wage for sleep-in shifts
18 July 2018In 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.
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Five-month cessation of activities does not prevent transfer of undertaking under EU law
04 September 2018In 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”).
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Fragmentation of activity may preclude service provision change
06 September 2018The 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.
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TUPE and the transfer of public administrative functions
06 September 2018In 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.
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Parental bereavement bill receives royal assent
14 September 2018The 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.
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MAC proposals will switch it up for Tier 4 students wanting to work in the UK
17 September 2018September 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.
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Heathrow fined over data breach
09 October 2018The 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.
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Promoting mental health awareness in the workplace
10 October 2018Today is World Mental Health Day, an appropriate time for employers to reflect on how this issue impacts the workplace and consider measures they can adopt to promote mental health and support their employees.
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Refusal to provide cake supporting gay marriage was not direct sexual orientation discrimination
11 October 2018The Supreme Court (“SC”) has ruled that a bakery did not discriminate on grounds of sexual orientation when it refused to provide a cake for a customer bearing the words “support gay marriage”. The bakery’s refusal was based on the owner’s Christian beliefs that the only form of marriage acceptable to God was between one man and one woman.
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Tribunal time limit calculator
25 October 2018We have created a free calculator which will automatically calculate Employment Tribunal time limits.
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Corporate Governance and Insolvency reforms
25 October 2018The UK Government is implementing measures to strengthen corporate governance and insolvency laws. The aim is to increase accountability, improve creditor protection and promote company rescue. This note comments on a selection of the proposals which were published at the end of the summer.
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Non-disclosure agreement injunction granted by Court of Appeal
25 October 2018The Court of Appeal (“CA”) has upheld a set of non-disclosure agreements (“NDAs”) and granted an interim injunction which prevents the Daily Telegraph newspaper from publishing details about allegations of “discreditable conduct” by a business executive towards five employees.
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Unexplained Wealth Orders
29 October 2018The English courts have handed down their first judgment concerning Unexplained Wealth Orders. As a result of the judgment the wife of a foreign ex-banker faces losing UK property worth millions of pounds unless she can explain the source of her wealth. Set out below is an introduction to Unexplained Wealth Orders, how such orders can be resisted and the recent judgment handed down by the High Court. We also identify some key issues concerning Unexplained Wealth Orders which remain unresolved.
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Disclosure Pilot Scheme to start in January 2019
29 October 2018The Civil Procedure Rule Committee has approved the new Practice Direction which sets down rules for a mandatory disclosure pilot scheme. It will run for two years in the Business and Property Courts in England and Wales, starting on 1 January 2019.
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Private sector needs to operate new IR35 rules for contractors from April 2020
30 October 2018The Chancellor has confirmed that with effect from 6 April 2020 businesses in the private sector which engage contractors - individuals who supply their services via their own company or partnership (“Intermediary”) - will be responsible for determining whether the IR35 rules apply. If the business considers that IR35 applies, the person paying the Intermediary will be responsible for operating PAYE and NICs on the fees it pays to the Intermediary.