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Shared parental leave
Inbrief
02 February 2024The system of shared parental leave gives parents flexibility to decide how they want to share care for their child in the first year. Guidance is available for employers and employees from the government and Acas, explaining how the shared parental leave regime is intended to work.
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Family rights
Inbrief
02 February 2024Employees who have parental responsibility for a child are afforded certain legal rights in order to protect and support their role as parents. In this Inbrief, we summarise the basic legal position on maternity and adoption, shared parental leave, paternity leave, parental leave, time off for dependents, carer's leave and flexible working, referred to collectively as “family rights”.
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Ten top tips for employing an apprentice
01 February 2024With National Apprenticeship Week coming up next week, it’s a good time to think about hiring apprentices. Many organisations are looking to recruit for their September intake in order to make good use of their Apprenticeship Levy funds. Here are our ten top tips for employing an apprentice.
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Pay Transparency Directive: new employee rights to pay information
01 February 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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Employment Tribunal fees: the government strikes back
01 February 2024The government has published a consultation proposing to reintroduce ‘modest’ fees in the Employment Tribunal and Employment Appeal Tribunal.
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Maternity leave and pay
Inbrief
31 January 2024The law recognises employees on maternity leave as being particularly vulnerable and gives them special protection. As a result, employers need to be careful to make sure they comply with their legal obligations in this area. This Inbrief summarises the rights that employees on maternity leave enjoy and looks at some common problem areas.
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Paternity leave and pay
Inbrief
31 January 2024The law relating to paternity leave and pay is not as developed or as complicated as maternity legislation, but employers still need to be aware of the legal position. In this Inbrief, we summarise the rules and look at some practical issues.
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How does a leap year impact national minimum wage?
31 January 2024This is a leap year and, with 29 February falling on a Thursday, employers need to watch out for a possible breach of national minimum wage requirements.
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Refusing requests to work remotely in a hybrid workplace
25 January 2024Increasing office attendance remains high on the agenda for many employers, but upcoming changes to the flexible working regime could prompt more requests to work from home. Against this background, we consider a recent Employment Tribunal judgment which provides employers with some comfort that, if handled correctly, they can refuse requests to work entirely remotely, especially from employees in managerial positions where a degree of in-person time may be needed.
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Acas Code of Practice on handling requests for a predictable working pattern: Lewis Silkin’s consultation response
25 January 2024We have submitted a response to Acas’ consultation on its draft statutory Code of Practice on handling requests for a predictable working pattern. The draft Code helpfully recognises the similarities between this new regime and the more familiar one of flexible working. However, there are new concepts and processes in the legislation which may be challenging for employers to navigate without further clarity and detail.
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Zero hours contracts
Inbrief
19 January 2024Zero hours contracts allow organisations to hire individuals without guaranteeing them any work.
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The Working Time Regulations 1998
Inbrief
19 January 2024The Working Time Regulations 1998 (WTR) were originally introduced to implement the European Working Time Directive in the UK. They remain in force (with some amendments) now that the UK has left the EU.
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Redundancy
Inbrief
19 January 2024This Inbrief looks at how employers can minimise the risk of legal claims when dismissing employees by reason of redundancy. The starting point is making sure that there is a genuine redundancy situation. The crucial thing then is to follow a reasonable procedure, including consulting the affected employees, applying a fair selection process and considering alternative employment. Finally, those dismissed should be given their correct redundancy pay.
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M&A employment law support - top ten questions
Inbrief
19 January 2024In mergers and acquisitions (M&A) navigating the legal requirements and ramifications of the deal can be tricky.
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M&A employment law support: TUPE clauses in a business transfer agreement
Inbrief
19 January 2024If the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply to a business sale, it has significant ramifications for both the buyer and seller. This Inbrief examines how the business transfer agreement can best cater for these issues.
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Protected disclosures in Ireland – new statutory Guidance published and more employers now required to comply
18 January 2024With more Irish employers now caught by the requirement under the protected disclosures legislation to have whistleblowing procedures in place, and the introduction of new statutory Guidance towards the end of last year, we look briefly at what employers should be considering in 2024 when dealing with protected disclosures in the workplace in Ireland.
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Cold weather working and snow days: the legal position
18 January 2024Following on from one of the mildest Decembers on record, we’re now into the colder months with parts of the country experiencing temperatures as low as -14°C. What should employers be doing during these months to keep their staff safe, warm and productive?
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Explainability and AI: the silver bullet?
17 January 2024Lawmakers faced with rapid advances in AI are turning to the safeguards needed to protect individuals whose interests are affected by AI systems and to build trust in automated decision-making. Building trust in automated outcomes will be much more of a challenge for many years following the revelations which are emerging from the Post Office scandal. Common among these safeguards are auditing, human oversight, effective contestability, transparency and explainability. But what is most likely to be effective?
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Explainability and AI: how can a decision be unpicked at an individual level?
Case Study
17 January 2024To accompany our article on explainability in AI, we have put together an example illustrating how an employment related decision generated by an algorithm could be explained at an individual – or local – level.
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Double trouble: is dual employment a recipe for disaster?
16 January 2024Double the employers means double the trouble according to the Employment Appeal Tribunal, which, in a decision last year, cast doubt on the legal possibility of dual employment. However, although there might be a presumption against this arrangement, there are situations when the law allows for this.