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Employees can waive future claims under a settlement agreement
18 June 2024An employee waived his right to bring future employment claims when he signed a settlement agreement on transfer to a long-term disability benefits scheme, according to a recent decision. The waiver was valid even though it covered future claims. It meant that the employee could not complain about the lack of any salary review when participating in the scheme.
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Employee undergoing IVF feels sidelined after seeking support from management – Catherine Hayes comments for the Irish Times on the various employment issues to consider and how best to proceed
Press
13 June 2024Over recent years efforts have been made to make the workplace more family friendly and support for those going through IVF has increased. However, some worry that being too truthful about what they’re going through can have unintended consequences. Catherine Hayes comments on how best to proceed and employment law considerations.
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Views sought on ‘gaps’ in equality legislation in Northern Ireland - Ciara Fulton comments for Irish Legal News
Press
13 June 2024The Northern Ireland Assembly’s Committee for the Executive Office is undertaking an inquiry into differences in equality legislation between Northern Ireland, other parts of the UK and the Republic of Ireland, which will run until 6 September 2024.
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In-House Employment Lawyers Coffee Break: Episode 8 - General election special – labour proposals
Podcast
12 June 2024Listen here for the latest developments and essential practical takeaways (short enough to fit into a quick coffee break!). Lawyers from our IHELC team will discuss key developments in employment law with our usual pragmatism and insight, a touch of humour and a sharp focus on the in-house lawyer’s perspective.
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TUPE takeaways: changing working arrangements and constructive dismissal
06 June 2024In the first of a new series of articles about practical TUPE takeaways, we look at a case about changing working arrangements following a TUPE transfer. We consider what lessons can be learned from the finding of constructive unfair dismissal in this case.
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Spouses of non-EU permit holders are now free to work in Ireland - Declan Groarke comments for the Irish Examiner
03 June 2024Ireland is now a more attractive destination for skilled overseas workers as it is now far easier for their partners to also work there. To make Ireland more attractive to skilled overseas workers, the State has eased the path for family reunification. Declan Groarke outlines the significance of these changes in this article.
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Holiday entitlement and pay
31 May 2024Holiday entitlement and pay is regulated by the Working Time Regulations 1998 (WTR). The law in this area can be complex, and there are different rules for different types of worker. This Inbrief gives an overview of an employer’s main obligations relating to holiday entitlement and pay under the WTR. This Inbrief covers the legal position in England, Wales and Scotland. The law in Northern Ireland is different in some respects (please contact us for support if needed).
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In-House Employment Lawyers Coffee Break: Episode 7 - Holiday pay and reasonable adjustments
Podcast
30 May 2024Listen here for the latest developments and essential practical takeaways (short enough to fit into a 10-minute coffee break!). Lawyers from our IHELC team will discuss key developments in employment law with our usual pragmatism and insight, a touch of humour and a sharp focus on the in-house lawyer’s perspective.
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Workplace Relations Commission publishes Annual Report – what are the key takeaways?
30 May 2024Each year, the Workplace Relations Commission (‘WRC), the body responsible for adjudicating on employment law disputes in Ireland, publishes a report on the previous year’s activities. This report always makes for interesting reading for employers and identifies some of the key trends developing in employment law matters before the WRC. In this article, Linda Hynes, Partner with Lewis Silkin Ireland, highlights the key takeaways and interesting points for employers.
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Paternity Leave (Bereavement) Act – the new law explained
29 May 2024The Paternity Leave (Bereavement) Act has passed after being rushed through parliament in the final hours before the election campaign started. The Act will give new rights to bereaved fathers and partners where a child’s mother dies.
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Pay Transparency Directive: new employee rights to pay information
29 May 2024The impact of the new Pay Transparency Directive extends beyond gender pay gap reporting. Alongside requiring employers to report gender pay disparities, it also grants employees new rights to information about pay. Employers need to start preparing for much greater openness.
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Can victims of sexual harassment choose to stay anonymous?
28 May 2024A recent decision in the Hong Kong District Court sets out the legal principles to be applied in the granting of Anonymity Orders in sexual harassment cases. In this case, the Respondent’s application to set aside an Anonymity Order in favour of the Claimant was granted, sending a clear message that anonymity in sexual harassment claims is not automatic and must be properly obtained.
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What does the UK general election mean for employment law?
23 May 2024The Labour party has ambitious plans for reforming workers’ rights, so employment law will be a focus of the election campaign. As the manifestos are being finalised, here’s our summary of the key pledges and questions for employers.
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Can employees be suspended from work if they are arrested?
23 May 2024MPs now face exclusion from Parliament upon arrest for serious crimes. This has raised questions about the fairness of suspending at this point, for both MPs and employees outside Parliament. We explore best practice for suspending employees in the workplace.
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European Works Councils: abolition of the UK’s legal framework?
22 May 2024As part of its efforts to reduce regulatory burdens on businesses, the government has initiated a consultation on its plan to remove the legal framework for maintaining legacy European Works Councils in the UK. We explore why the repeal of “ill thought through legislation” is likely to be welcomed.
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Consultation on reforms to TUPE: would it be smarter?
22 May 2024Under the banner of “smarter regulation”, the government has launched a consultation into reform of TUPE. The government promises simplicity and clarity, but would it deliver?
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Catherine Hayes and Sinead Likely comment on what the new right to request remote and flexible working means for employers for Retail News
Press
21 May 2024Following the recent introduction of the right to request remote and flexible working arrangements and guidance for employers published by the WRC, Catherine Hayes and Sinead Likely look at what the Code of Practice says, and some of the key takeaways employers need to know.
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Changes to the collective redundancy legislation and clarity on employers’ consultation obligations in recent Labour Court decision
16 May 2024Several high-profile cases, including those involving Clerys and Debenhams, brought inadequacies of the existing collective redundancy legislation into focus in recent years. The legislation designed to address those gaps has now passed all stages of the legislative process and is expected to become law shortly. We look at what these changes are, and what they will mean for employers in a collective redundancy process. We also look at the recent decision of the Labour Court in the Debenhams appeal which brings further clarity to employers’ consultation obligations.
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Responding to mental health emergencies in the workplace
09 May 2024Mental Health Awareness Week (13 – 19 May 2024) shines a spotlight on the importance of employee well-being. We consider how employers can prepare for and respond to mental health emergencies at work, focusing on both the employment and data considerations.
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Accounting for climate change in flexible working requests - Jonathan Carr and Gemma Taylor write for Law360
Press
03 May 2024The UK recently strengthened its flexible working laws to encourage more flexible and remote working. Should employers give greater weight to the climate when deciding whether to say "yes" or "no" to such requests?