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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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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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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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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.
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The new law on sexual harassment has been passed
27 October 2023The new law on prevention of sexual harassment has received Royal Assent. What do employers need to know, and what should they be doing now?
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Cap on bankers’ bonuses to be lifted: what does it mean for firms?
26 October 2023It’s official. The cap on bankers’ bonuses is being lifted. There are some opportunities for firms here, but it doesn’t mark the return of excessive risk taking.
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Neurodiversity, employment policies and employment claims: what’s the latest?
25 October 2023With neurodiversity becoming a more prominent focus of diversity strategies and litigation, it may be time for employers to think differently about people who think differently.
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Sports Q&A: Non-competes
19 October 2023Our Q&A looks at the government's proposal on non-competes and what sports businesses should be doing about this now.
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Menopause at work – FAQs for employers
16 October 2023Demographic shifts and a rising number of menopause-related claims mean that the menopause is something employers will need to increase their focus on in the years ahead. World Menopause Day is held on 18 October every year and is designed to raise awareness of the menopause and the support options available to improve health and wellbeing. To mark this, we have prepared some FAQs for employers when it comes to dealing with menopause in the workplace.
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Understanding fit notes: what can employers learn from the new guidance?
12 October 2023The Department for Work and Pensions has updated its guidance for employers and line managers on ‘getting the most out of the fit note’. As levels of long-term sickness stand at record levels, finding ways to help employees stay at, or return to work, are critical. We look at what’s new, and what’s important to remember, about fit notes.
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Why the government’s proposal to limit non-competes to three months may not be the end of the story
12 October 2023A new High Court decision suggests that employers may still have scope to protect their interests after an employee’s employment has ended, even if non-compete clauses are limited by the government to three months.
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Historic holiday pay claims: Supreme Court decision in Agnew
04 October 2023The Supreme Court has released its long-anticipated decision in the case of Chief Constable of the Police Service of Northern Ireland v Agnew. It is now clear that a gap of three months between underpayments of holiday pay does not automatically break the chain of a series of deductions. If these are factually linked, the net can be cast much further back.
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COT3 or settlement agreement? Spot the differences.
28 September 2023An 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.
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The Workers (Predictable Terms and Conditions) Act has been passed
27 September 2023The 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.
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Labour confirms plans for employment law
14 September 2023Labour’s plans for radical reform of employment law were confirmed this week in a speech at the TUC conference.
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Irish Data Protection Commission Guidance on Subject Access Requests – Takeaways for Employers
07 September 2023In 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.
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No place for pregnancy discrimination at the workplace in Hong Kong
04 September 2023The 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.