Insights & News

Use of personal data in litigation and the legal proceedings exemption

A recent decision has applied a wide interpretation of the legal proceedings exemption in the context of use of a non-party’s personal data in the Employment Tribunal.

Judicial assessment and mediation launched in Northern Ireland

Judicial assessment and mediation are being launched in the Industrial and Fair Employment Tribunals from 31 March 2023, bringing Northern Ireland in line with the rest of the UK and offering employers new avenues for alternative dispute resolution.

Employer’s attempt for a springboard injunction falls flat

On 4 January 2023, the Court of First Instance (“CFI”) refused to grant a springboard injunction against a former employee to protect the employer’s confidential information in the case DCL Communications Ltd v Lam Yim Chi Julia and Another [2023] HKCFI 98.

Monitoring Employees’ Office Attendance in a Post Covid World: A Worldwide Issue – Key Data Privacy Issues

With different offices having been in or out of lockdown or experiencing varying degrees of restrictions, it has been near impossible for managers with direct reports in multiple locations to monitor their team’s compliance with whatever post-Covid return to the office policy a business might have (“RTO Policy”).

Employment law changes in April 2023

It’s that time of the year when employment law changes traditionally take effect, and this year there have been significant increases in several rates and limits. Here is our summary of the most important changes taking effect next month.

Is it time to adopt a fertility policy?

More and more employers are launching IVF and assisted conception policies amid calls for greater legal protection for employees undergoing fertility treatment. This article explores why fertility matters to employers, the current legal framework and the issues for employers when designing a fertility policy.

Retained EU law bill: our proposals for employment law reform

The Retained EU Law (Revocation and Reform) Bill could have sweeping effects on UK employment law. With a hard deadline of 31 December 2023, quick decisions about reforms will be needed. We’ve drawn up a list of the EU-based employment laws we’d like to see changed.

The post-Brexit employment law shake-up: what’s needed, and what’s likely to happen?

As the government presses on with its bill to scrap or reform EU-derived employment laws, we’ve been finding out what businesses actually want. But how do these views compare to what’s planned?

Holiday entitlement consultation: Lewis Silkin’s response

Press

We have submitted a response to the government’s consultation on calculating holiday entitlement for part-year and irregular hours workers. Whilst reform in this area would be very welcome, we note that when it comes to the detail, one size does not fit all.

Will the Worker Protection Bill help employers #EmbraceEquity for women?

The Worker Protection (Amendment of Equality Act 2010) Bill proposes new obligations on employers to prevent harassment. In the lead up to this International Women’s Day we look at why changes to current protections may be needed, the progress of the Bill, what it may mean for employers and how the proposals might be used as a springboard by employers to “embrace equity”.

Salary sacrifice arrangements

Inbrief

A salary sacrifice arrangement is where an employee gives up the right to receive part of the cash salary due under their contract of employment in return for the employer’s agreement to provide some form of non- cash benefit.

Employment tribunal delays: as the wait gets worse, what can employers do?

Employment tribunal proceedings are now torturously slow to reach a final hearing, disadvantaging both claimants and respondents. What can employers facing employment tribunal claims do to try to mitigate against the effects of delays?

The Workers (Predictable Terms and Conditions) Bill: do we predict a riot of requests?

The government is finally following up on its 2018 promise to address “one-sided flexibility” in work contracts by backing this Private Member’s Bill. This article looks at the planned new rights.

LGBT+ rights at work: no room for complacency

As we mark LGBT+ history month in February 2023, this article looks at the current position of LGBT+ people in the workplace and the challenges that still remain.

How to undertake a collective redundancy process

If an employer is proposing to make 20 or more people redundant within 90 days, the obligation to collectively consult will be triggered. There are many different strands to this process and a number of legal obligations to comply with. We have created these infographics to help understand the process at a glance.

Draft Code of Practice published on restricting “fire and rehire”

The government has published a new draft Code of Practice which warns that “fire and rehire” should only be used to change employees’ terms and conditions as “a last resort” and urges employers to first engage in thorough and open information and consultation processes. The draft is open for consultation until April 2023.