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Changing terms and conditions of employment
Inbrief
13 September 2023Whether 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.
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A brief guide to the Employment Tribunal process
Inbrief
13 September 2023This 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.
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Salary sacrifice arrangements
Inbrief
13 September 2023A 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.
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Being a witness in the Employment Tribunal
Inbrief
06 September 2023This 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.
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M&A employment law support – post completion integration, changes to terms and redundancies
Inbrief
05 September 2023This 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.
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Irish employment law
Inbrief
30 August 2023This Inbrief provides a whistle-stop tour of the most important Irish employment law issues, from the beginning of the employment relationship through to its conclusion.
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Managing ill health and disability
Inbrief
07 August 2023The 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.
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Termination of employment
Inbrief
03 August 2023Terminating 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.
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Remote working overseas
Inbrief
04 July 2023The Covid-19 pandemic caused many employees to ask if they could work from “home” from an overseas country. Several years on, it’s clear that the wish to work abroad – either on a temporary basis, or in some cases indefinitely – is part of a permanent sea change in working practices. Technology makes it possible – but this Inbrief explains the potential legal issues and how to avoid the traps. Technology makes it possible – but this Inbrief explains the potential legal issues and how to avoid the traps.
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Contracts of employment
Inbrief
17 May 2023A contract of employment can be a written document, a verbal agreement, or a mixture of the two. Even where the employer and employee have agreed express terms, certain terms are always implied into every contract of employment. Understanding the full effect of the contract of employment is important because it forms the basis of many of the legal rights and obligations which govern the employment relationship.
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Alternative dispute resolution in the workplace
Inbrief
02 May 2023Workplace disputes are disruptive and, in many cases, expensive for businesses, particularly if they result in litigation. It will often be in the interests of both parties to a dispute to avoid litigation except as a last resort. This depends on the parties’ understanding that there are alternative means of resolving disputes. There are a range of methods of alternative dispute resolution (ADR) available. Making the appropriate choice at the most suitable point in a dispute gives employers the best chance of keeping cost and workplace disruption to a minimum.
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Frequently asked questions on termination payments
Inbrief
29 March 2023Our FAQs Inbrief looks at some of the common tax questions that arise on termination of employment.
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Insolvency and TUPE
Inbrief
04 January 2023Buying from an administrator can be a golden opportunity to pick up a business at a substantial discount to market value. It is a chance for a fresh start, without the debt and creditor demands experienced by the insolvent owner. But no business can run without people – and employment law tends to protect employees.
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Pension auto-enrolment
Inbrief
22 December 2022All employers are required to automatically enrol eligible jobholders into a suitable pension scheme and fund a minimum level of pension savings (without reducing pay or benefits elsewhere). At least 8% of qualifying earnings must be paid into the pension scheme, with a minimum employer contribution of 3%.
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Compliance requirements for new employers in Great Britain
Inbrief
14 December 2022When setting yourself up as an employer in Great Britain it is important to ensure that you understand and follow all the relevant rules. This Inbrief summarises the main legal obligations and administrative requirements that apply to new employers.
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Industrial action
Inbrief
22 November 2022Economically turbulent times resulting from coronavirus have seen an increase in trade unions’ membership and an increase in them ‘flexing their muscles’ by threatening industrial action over adverse changes in the workplace for their members.
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Tax rules for employment intermediaries - what this means for agencies and employment businesses
Inbrief
31 October 2022Over recent years a number of anti-avoidance measures have been introduced in a bid to tackle “disguised employment”. Disguised employment refers to those situations where arrangements are implemented to falsely treat employees or workers as self-employed, primarily to gain a tax or National Insurance Contributions (NICs) advantage.
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Hybrid working arrangements
Inbrief
26 October 2022Following the widespread experience of employees working from home during the Covid-19 pandemic, some employers are starting to implement hybrid working arrangements on a longer-term basis.
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The Bribery Act 2010 - an employment law perspective
Inbrief
26 October 2022In recent years there has been increasing focus on anti-bribery and corruption. The Bribery Act 2010 created a regime of criminal offences described by the Director of the Serious Fraud Office as “the toughest bribery legislation in the world”.
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M&A employment law support: TUPE clauses in a business transfer agreement
Inbrief
19 October 2022If 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.