Insights & News

COT3 or settlement agreement? Spot the differences.

28 September 2023

An agreement to waive claims – whether theoretical or about to be aired in an employment tribunal – is commonly recorded in either a settlement agreement or a COT3. Although circumstances often dictate which is used, there are in fact differences between the two types of agreement which are important for employers to be aware of.

The Workers (Predictable Terms and Conditions) Act has been passed

27 September 2023

The Workers (Predictable Terms and Conditions) Act, which gives certain workers, agency workers and employees a new statutory right to request a predictable working pattern, received Royal Assent on 19 September – although it seems that it won’t actually come into force for another year.

Lewis Silkin continues expansion in Ireland with employment partner hire

Press Release

18 September 2023

Lewis Silkin today announces the appointment of Aisling Parkinson as a partner in our Dublin office, further enhancing our Irish employment law capabilities.

Labour confirms plans for employment law

14 September 2023

Labour’s plans for radical reform of employment law were confirmed this week in a speech at the TUC conference.

Changing terms and conditions of employment

Inbrief

13 September 2023

Whether it is updating an individual contract or implementing a large-scale change of shift patterns or working location, varying an employment contract means changing the “deal” between employer and employee. This Inbrief looks at how an employer can secure a binding change to terms and conditions of employment, and what options are available when agreement cannot be reached. We consider what is meant by “fire and rehire” and explain the legal and commercial risks of this approach.

A brief guide to the Employment Tribunal process

Inbrief

13 September 2023

This Inbrief provides an overview of the Employment Tribunal process, from making a claim to the outcome of the final hearing. It is deliberately brief and does not cover every aspect of tribunal procedure, so do seek specific advice on your own circumstances if you are involved in a claim. This applies to England and Wales only, as the process in Scotland and in Northern Ireland is a bit different – do contact us if you need more information about this.

Salary sacrifice arrangements

Inbrief

13 September 2023

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.

Irish Data Protection Commission Guidance on Subject Access Requests – Takeaways for Employers

07 September 2023

In this second article in our two-part series, Linda Hynes, partner in the Employment, Immigration and Reward team of Lewis Silkin Ireland, looks at the recent guidance issued by the Irish Data Protection Commission (‘DPC’) on managing subject access requests and considers the key takeaways for employers when dealing with such requests.

Being a witness in the Employment Tribunal

Inbrief

06 September 2023

This Inbrief provides an outline guide to being a witness at the Employment Tribunal, covering what to expect and tips on giving evidence both in person and online. This applies to England and Wales only, as the process in Scotland and in Northern Ireland is a bit different – do contact us if you need more information about this.

M&A employment law support – post completion integration, changes to terms and redundancies

Inbrief

05 September 2023

This Inbrief examines some of the legal challenges a buyer may face once the deal is done and integration is the number one focus – whether across its simple day to day operations, or in relation to more drastic steps such as restructuring and dismissals.

No place for pregnancy discrimination at the workplace in Hong Kong

04 September 2023

The Claimant was a former employee of the Respondent, a logistics company. Between 2007 – 2011, the Claimant was employed by affiliated companies within the same group. From April 2011, the Claimant began working for the Respondent under successive yearly contracts. Whilst employed by the Respondent, the Claimant received various recognition and appraisals for her work. She was also awarded an annual end-of-year bonus for each year during the period from 2011 to 2016.

Sponsorship Compliance Guide 2023

01 September 2023

This Sponsorship Compliance Guide is a useful reference for you and your colleagues to guide you through your duties as a sponsor licence holder.

Supporting the rehabilitation of offenders in employment: opportunities and legal considerations for employers

30 August 2023

Since the publication of the government’s Prisons Strategy White Paper in 2021, a number of schemes have been launched that enable employers to proactively support prison leavers into employment. As the evidence points to the clear benefits of hiring this often-marginalised group, what opportunities are there for employers? And how should they approach the wider question of factoring a criminal record into the recruitment equation?

Managing ill health and disability

Inbrief

07 August 2023

The management of ill health and disability raises problems that employers have to grapple with on a daily basis. Minimising the cost and inconvenience of ill health in the workforce, whilst ensuring compliance with legal obligations, requires both a clear understanding of the relevant legal principles and a co-ordinated approach.

New government consultation launched on occupational health

03 August 2023

The government has launched a new public consultation aimed at increasing take up of occupational health services and addressing the workforce capacity of occupational health providers. We look at what the government consultation covers and the possible implications for employers.

Termination of employment

Inbrief

03 August 2023

Terminating employment can create several tricky issues for the employer, including claims of wrongful or unfair dismissal. To minimise the likelihood of such claims, and to ensure that the process is managed in the best possible way, it is important that employers are alive to the issues that may arise if a contract of employment is terminated. See also our Inbrief on Settlement agreements, which looks at the most common means for employers and employees to settle claims and/or effect a clean break from the employment relationship.

Beyond borders: how TUPE differs between Great Britain and Northern Ireland

03 August 2023

Over recent years, the laws governing TUPE have diverged between Great Britain and Northern Ireland. This is due to Northern Irish employment law largely remaining static, while there have been some minor, but occasionally important, amendments to TUPE in Great Britain. With changes on the horizon, further divergence between the jurisdictions is likely. Employers who are involved in TUPE transfers should be mindful of the important differences between the jurisdictions.

Sales consultants and warehouse workers found to be doing work of “equal value”

03 August 2023

The Tribunal’s decision that the work of Next’s store-based sales consultants and warehouse workers is of equal value paves the way to what is likely to be the first claim of this type, brought against a major retailer, to reach a final hearing.

Mind-reading tech in the workplace – a good thing, or the end of the world as we know it?

03 August 2023

The ICO released its first report on neurotechnology on 8 June: a fast-emerging tech that records and processes data directly from an individual’s brain and nervous system (“neurodata”).