Insights & News

Plan B – implications for employers

The Prime Minister has announced that England will move to ‘Plan B’ in response to the rapid rise of cases of the Omicron variant. This article sums up the practical implications for office workers, Christmas parties, self-isolation requirements and the ongoing question of compulsory vaccination.

Acas guidance sounds a note of caution to employers on ‘fire and rehire’

New guidance from Acas says that employers should “think carefully” before taking the “extreme step” of using fire and rehire practices to change their employees’ terms and conditions. Acas stresses the importance of employers first exploring all other options and consulting their employees in a genuine and meaningful way. The guidance was produced at the government’s request, but it neither changes current law nor has any formal legal status.

New judgment further restricts employers’ scope for responding to industrial action

The Employment Appeal Tribunal recently interpreted the law on detrimental treatment for trade union activities in a way that limits the scope for employers to respond to industrial action. In another decision, it has now decided that participating staff may also bring claims under separate blacklisting regulations, which entitle employees to potentially far greater compensation in the form of an automatic minimum award of £5,000.

Understanding the growing differences between employment laws in Great Britain and Northern Ireland: comparative employment law table

Over recent years, employment law in Great Britain (GB) and Northern Ireland (NI) has increasingly diverged. This is due to NI employment law largely remaining static, while there have been continuing significant changes in GB. Employers should be mindful of the differences when engaging staff in both jurisdictions.

The Hospitality Industry’s Covid Balancing Act: Anna Sella writes for CLH News

From 19 July 2021 (dubbed 'Freedom Day' by some), the Government effectively transferred the responsibility for deciding what amounts to appropriate measures to keep workers and customers safe into individual businesses. And there is no one-size-fits-all answer - even businesses in the same sector will need to take into account very different considerations.

Class pay gap reporting: a social mobility tool for employers?

There’s a growing trend in employment law towards using transparency as a method of driving change. Whilst mandatory class pay gap reporting might not be imminent, this article considers the drivers behind an increasing number of organisations reporting voluntarily in this area as a measure to address social mobility disadvantage in the workplace and identifies the legal and practical issues employers need to consider.

Linda Hynes comments on current waiting times for employment permits in the Sunday Independent

Work permit staff in overtime drive to reduce delays

Should bosses be fined for texting or emailing staff on weekends? Síobhra Rush comments on The Anton Savage Show

New laws in Portugal mean that bosses will be fined for texting or emailing staff on weekends or out of hours.

Gender pay gap reporting in Northern Ireland: what’s the latest?

What is the latest on gender pay gap reporting in Northern Ireland? This article examines the current position and sets out some important differences between the situation in Great Britain and in Northern Ireland.

Hong Kong employer succeeds in enforcing a 6-month non-compete clause

The Court of First Instance recently upheld a 6-month non-compete clause and granted an injunction against a former employee preventing him from working for a competitor of his former employer until the non-compete period had expired. This demonstrates that a well-drafted non-compete clause can be an effective way to protect the interests of an employer.

Employment Appeal Tribunal confirms narrow scope of “special circumstances” defence for not consulting on collective redundancies

In a case arising from the sudden collapse of the construction company Carillion, the Employment Appeal Tribunal (EAT) has confirmed the narrow scope of the “special circumstances” defence that may be available if an employer has failed properly to consult on collective redundancies. Special circumstances must involve something “out of the ordinary” or “uncommon”, and a gradual financial decline leading to insolvency is unlikely to meet this test.

Unions have no veto over changes to terms, Supreme Court confirms

In a landmark decision, the Supreme Court has confirmed that trade unions do not enjoy a veto over employers making direct offers to their members to change their terms and conditions of employment.

Lewis Silkin recognised with top rankings in Chambers UK 2022 for Employment, Media and Entertainment: Advertising and Marketing, and Intellectual Property: Law Firms with Patent and Trade Mark Attorneys

Press

Lewis Silkin’s performance in the sector continues to improve following a strong performance in Legal 500, earning 69 individual and practice rankings – of which 6 are top tier practice rankings and 5 are new entries or improvements.

Adoption and employment law

Our article rounds up the key employment law rights applicable to adoptive parents ahead of National Adoption Week, which takes place next week from 18-23 October.

Barking mad? Why pets-at-work policies can stem the workforce exodus - Sophie Jamieson and Vince Toman comment for International Employment Lawyer

The Great Resignation is not a complicated phenomenon to understand. After more than 18 months of lockdowns and remote working, millennial and Gen-Z employees, in particular, have realised that financial incentives alone are not enough to keep them in jobs they do not enjoy, working for employers they do not like or whose values they do not share.

Gender pay gap reporting - analysing the 2020 results

Employers had until 5 October 2021 to publish their gender pay gap statistics relating to April 2020. What have we learned from the results?

Ireland: How to manage: Companies must address the need for a menopause workplace policy - Linda Hynes writes for the Business Post

What are the implications if companies fail to address the issue of menopause?

Droit du travail dans le cadre des fusions et acquisitions — réponses à dix questions

Inbrief

Dans les fusions et acquisitions (F&A), il peut être difficile de s’y retrouver entre les exigences et les ramifications juridiques de la transaction. Cette publication répond aux dix principales questions que les vendeurs et les acheteurs doivent prendre en compte en matière du droit du travail dans les transactions F&A.