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Redundancy protection to be extended to cover pregnancy and return from family leave
14 December 2023From 6 April 2024, employees who are pregnant or returning from maternity, adoption or shared parental leave will gain priority status for redeployment opportunities in a redundancy situation. We explain the new rights and implications for employers.
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Carer’s Leave – the new law explained
14 December 2023From 6 April 2024, employees will have a statutory right to a week’s unpaid leave to care for a dependant. The Carer’s Leave Regulations 2024 have now been published in draft form and provide the details on how this new right will work in practice.
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Is early workforce consultation required for small scale redundancies?
12 December 2023In a decision with potentially significant implications for employers, the EAT has indicated that the lack of ‘general workforce consultation’ at a formative stage in a small-scale redundancy exercise could taint the fairness of the process.
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How can employers support older employees in reskilling and returning to the workplace?
07 December 2023With an ageing population and a resurgence of over-50s returning to the office, employers are increasingly needing to rethink recruitment and retention strategies in response. This article explores ways employers can support older workers in the workplace, without falling foul of age discrimination legislation.
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Paul Gillen comments on why workplaces must be neurodivergence-aware for the Belfast Telegraph
Press
05 December 2023While major employers are now actively recruiting people with neurodivergent backgrounds, the number of industrial tribunal cases involving neurodiverse employees has quadrupled in the last four years. Paul Gillen comments for the Belfast Telegraph.
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The employee voice, social media and the culture wars - where to draw the line?
30 November 2023Employers are walking the tightrope between ensuring an open and inclusive workplace, inviting employees to bring their “whole selves” to work, yet protecting against discrimination, harassment and an outbreak of culture wars. Knowing whether and when to step in can be a challenge, particularly in the age of social media and instant communications.
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IR35: offset mechanism to be introduced for the off-payroll working rules
23 November 2023The Autumn Statement 2023 contained an announcement that a new offset mechanism will be introduced for the off-payroll working rules, which will help end users and fee payers where HMRC has disagreed with a status determination.
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No mention in the King’s speech: a non-starter for non-compete limits?
22 November 2023The government’s planned reform to non-competes was conspicuous by its absence in the King’s Speech on 7 November 2023. There is now much greater uncertainty as to whether any legislation limiting non-compete restrictions to a period of three months will make it to the statute books.
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Deliveroo riders not entitled to collective bargaining, Supreme court rules – Colin Leckey comments for Reuter
Press
22 November 2023The Supreme Court finds that Deliveroo riders are not in an “employment relationship” for the purposes of European human rights law. Colin Leckey commented that the decision provided certainty for platform economy companies with highly flexible operating models in which individuals have genuine freedom about whether and when to work.
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Supreme Court throws out Deliveroo rider status challenge
21 November 2023The Supreme Court, upholding earlier decisions by the Central Arbitration Committee, High Court and Court of Appeal, finds that Deliveroo riders are not in an “employment relationship” for the purposes of European human rights law.
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Lewis Silkin successful in Deliveroo Supreme Court rider status challenge
Press Release
21 November 2023By a unanimous 5-0 verdict, the Supreme Court ruled that Deliveroo riders are not in an “employment relationship” for the purposes of European human rights law, and cannot proceed with an application for recognition of their trade union.
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Government legislates to preserve EU-based discrimination law – what does this mean for employers?
16 November 2023The government has published draft regulations amending the Equality Act 2010 to ensure that discrimination protections derived from EU law are preserved after Brexit. Some of these changes are significant because they involve rights that have not regularly been applied in practice in the UK.
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Government to legislate on changes to TUPE consultation requirements and to clarify record keeping requirements
09 November 2023The government has confirmed they will proceed with planned reforms to clarify that employers do not have to record daily working hours of workers and extend the limited circumstances when employers can consult with employees directly about a proposed TUPE transfer.
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Government to legislate on holiday entitlement and pay: here’s what it means for employers
09 November 2023EU rules on holiday pay will be kept, according to new regulations unveiled this week. For workers with irregular hours or who work part of the year, so-called ‘rolled-up’ holiday pay will be allowed and there’ll be a new system for calculating holiday entitlement. Our article looks at the new laws coming into force from 1 January 2024.
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People with convictions: changes to rules on the rehabilitation of offenders
08 November 2023Following changes to the rules on the rehabilitation of offenders, thousands of job seekers no longer need to disclose criminal records when applying for jobs. We look at how the rules around spent convictions have changed and how this could be a catalyst for employers to reconsider their approach to this issue.
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£3.3 billion of unused apprenticeship levy funds have been returned to the Treasury – should you be thinking about apprenticeships?
06 November 2023We’re now almost two months into the new academic year and what would have been the start date for many new apprentices. Whilst the next academic year may feel a long way off, with over £3.3 billion of unused apprenticeship levy funds returned to the Treasury, now is a good time to consider your apprenticeship recruitment strategy for 2024 and how you can make the best use of apprenticeship funding.
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Key takeaways for employers from recent DPC guidance on SARs – Linda Hynes comments for PDP
Press
02 November 2023Linda Hynes looks at the recent guidance issued by the DPC on managing subject access requests and considers the key takeaways for employers when dealing with such requests.
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Is an opposition to ‘woke’ politics a protected philosophical belief?
02 November 2023In the latest decision on workplace ‘culture war’ clashes, a tribunal has found that an opposition to critical race theory amounts to a protected philosophical belief. It’s a further example of how employers have a heightened risk of claims in the context of increasingly polarised public discourse, as employees with strongly conflicting beliefs all have a right not to suffer discrimination.
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AI, recruitment and the law: how do equality and data protection laws regulate this process?
31 October 2023The regulation of AI is front and centre of the minds of policymakers around the World. Central to concerns raised about the rapidly increasing use of AI are the risks of bias and discrimination, particularly in the employment context. We look at how existing equality and data protection laws apply to these kinds of automated decisions.
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Discrimination and bias in AI recruitment: a case study
31 October 2023Barely a day goes by without the media reporting the potential benefits of or threats from AI. AI is being used more and more in workplace decisions: to make remuneration and promotion decisions; to allocate work; award bonuses; manage performance and make dismissal decisions. One of the common concerns is the propensity of AI systems to return biased or discriminatory outcomes. By working through a case study about the use of AI in recruitment, we examine the risks of unlawful discrimination and how that might be challenged in the employment tribunal.