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Can you really bring your “whole life” to work?
03 August 2022The pandemic required many people’s personal and working lives to co-exist in a way they never had before. Caring responsibilities had to be accommodated alongside working life and the distinction between home and the workplace became blurred. But this has always been, and remains, a juggling act. We examine how much the law helps, or indeed hinders it.
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New sick leave legislation in Ireland – Independent.ie
Press Release
02 August 2022Niamh Crotty and Linda Hynes have written an article for the independent.ie on the new sick leave legislation that has recently been passed by the Oireachtas in Ireland.
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Linda Hynes discusses hybrid and remote overseas working with RTE Radio 1 – Ireland
01 August 2022As the pandemic eases, it is clear that hybrid and remote overseas working is here to stay for a lot of working practices.
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Ireland: Remote working overseas
28 July 2022During the Covid-19 pandemic many employees asked if they could work from “home” from an overseas country. Similarly, employees from overseas countries asked if they could work remotely in Ireland. Two years on, these flexible working arrangements remain attractive to employees and employers may consider allowing employees to work remotely overseas. There are important legal and practical issues associated with these requests, which are explained in this note.
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Ireland: Implementation update on the Transparent and Predictable Working Conditions Directive
28 July 2022The EU Directive on Transparent and Predictable Working Conditions aims to improve employees’ working conditions by promoting more transparent and predictable employment. While Ireland hasn’t yet published draft legislation implementing the Directive, we look ahead to the changes that are likely to be introduced.
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Spain proposes visa for digital nomads
21 July 2022Spain has long been the favoured holiday destination for many sun-seeking Brits. The proposed introduction of a new digital nomad visa, opening the door to both “working holidays” and longer term relocations, will therefore be welcome news to employees.
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Holiday pay for part-year workers should not be pro-rated
21 July 2022The Supreme Court has ruled that the paid holiday entitlement of part-year workers should not be pro-rated for the weeks they do not usually work. This means that the 12.07% method for calculating the holiday pay hours of casual workers on permanent contracts is no longer a valid approach.
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SMEs in Northern Ireland: adapting to change and being progressive
21 July 2022In recent years, Northern Irish employers have had to quickly adapt to manage the impact of Covid-19 on workplaces and move to remote and hybrid working arrangements. As the war for talent continues, employers face an increasing need to keep up with and accommodate employees’ changing and diverse needs.
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Gender pay gap reporting in Ireland – updated guidance clarifies some (but not all) tricky issues
20 July 2022The gender pay gap reporting regulations in Ireland were published last month. Straight away, a number of issues with interpretation were apparent. The government has now clarified some (but not all) of these.
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Court of Appeal overturns injunction restraining employer’s ‘fire and rehire’ exercise
18 July 2022The Court of Appeal has overturned an injunction preventing Tesco from “firing and rehiring” employees in order to remove their contractual entitlement to enhanced pay. Despite the facts of this case being unusual and extreme, the High Court had been wrong to conclude that Tesco could not adopt its proposed course of action.
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How SMEs can build progressive workplaces in Ireland
Press
13 July 2022Linda Hynes shares her insights on how SME’s can build progressive workplaces in Ireland. Employees are more vocal than they have ever been about what they expect their employer to do to support them. They expect their workplace to be environmentally sustainable, diverse, inclusive, and accommodating.
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19 Lewis Silkin employment lawyers listed in Who's Who Legal 2022
Press
13 July 2022Lewis Silkin is pleased to announce that 19 lawyers across our employment and immigration team are listed in this year’s edition of Who’s Who Legal 2022.
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Maya Forstater wins gender critical belief claim
07 July 2022Following last year’s ruling by the Employment Appeal Tribunal that her “gender critical” beliefs were protected under the Equality Act, Maya Forstater has won her discrimination claim.
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Collective redundancies
Inbrief
06 July 2022Most employers are aware of the procedures that have to be followed when making someone redundant (or their job, to be more precise). If you’d like a reminder, see our Inbrief on Redundancy.
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Guarding against the go-between – make sure your terms with staffing intermediaries are suitable
04 July 2022Use of staffing intermediaries has increased greatly since the reforms to IR35. We explain why it’s important for end-user organisations to ensure the terms they agree with intermediaries are fit for purpose and protect their interests.
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Gender-critical religious beliefs are protected but do not justify discriminatory behaviour
30 June 2022In the latest appeal decision on the conflict between gender-critical beliefs and the rights of transgender people, the Employment Appeal Tribunal has confirmed that such beliefs can be protected under the Equality Act. Nevertheless, an employer can still take appropriate action to protect others’ rights without this being unlawful discrimination.
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Unions’ financial liability increased and government moves to repeal agency worker ban
30 June 2022Against a backdrop of widespread industrial action, the government has quadrupled unions’ potential liability for calling unlawful strikes to £1,000,000. It has also published legislation to repeal the ban on agencies supplying workers to fill in for striking staff.
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Remote working overseas – our employer survey
23 June 2022We have surveyed employers from a cross-section of businesses to find out how they are responding to requests from employees to work remotely from overseas.
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When is collective bargaining exhausted and a direct offer of new employment terms allowed? The EAT confirms an objective test
21 June 2022In the first reported application of the Supreme Court’s landmark Kostal decision, the Employment Appeal Tribunal has ruled that an employer could not unilaterally declare that its negotiations with its recognised trade union had finished. As unionised employers may only make direct offers to employees after exhausting their collective bargaining procedure, the employer now faces punitive fines.
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Employment law across the globe - what's happened and what's coming up?
20 June 2022Our round-up of key developments in employment law since our last conference in February 2021.