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No right to carry over holiday pay entitlement where leave has already been taken unpaid
23 March 2021The Employment Appeal Tribunal has ruled that, where a worker has taken a period of unpaid holiday, they will not be entitled to a backdated payment for it (or any earlier periods) if they do not submit a claim within a three-month limitation period after the claim has arisen. The decision of the European Court of Justice in King v Sash Window Workshop did not require a different approach.
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Supreme Court decides care workers not entitled to minimum wage when asleep during sleep-in shifts
22 March 2021In a decision of huge significance for the care sector, the Supreme Court (SC) has finally given its long-awaited judgment on whether care workers working sleep-in shifts are entitled to the national minimum wage (NMW) for periods when they are asleep.
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雇用法に対するブレグジットの影響
18 March 20212020年12月24日、英国と欧州連合（EU）は今後の英・EU関係に関する通商合意に達しました。ブレグジットの移行期間終了のわずか1週間前のことです。この合意が雇用法に与える影響はどのようなものでしょうか？
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Launch of new Graduate route and changes to Skilled Worker route announced
18 March 2021The Home Office is launching a new Graduate route from 1 July 2021 and is making amendments to Skilled Worker route from 6 April 2021
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Employment Tribunal quarterly statistics - a glimpse of things to come?
17 March 2021The Ministry of Justice has released its quarterly report on the Employment Tribunal statistics for the period from October to December 2020, providing a fascinating glimpse into the claims landscape as the economic effects of Covid-19 unfold.
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Industry prepares for Apple Tracking restrictions
12 March 2021In June 2020 Apple sent shockwaves through the ad industry by announcing that it would require iOS apps to obtain user consent to track the user or access their Apple device’s advertising identifier (i.e. the ‘IDFA’) for targeted advertising or advertising measurement purposes.
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Financial support for the self-employed extended again until September 2021
11 March 2021The Coronavirus Self-Employment Income Support Scheme has been extended with a fifth and final grant covering the period May to September, with further guidance on eligibility for the fourth grant.
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Employees’ contracts can be split so they transfer to multiple employers on a TUPE service provision change
10 March 2021In the case of a TUPE transfer when a service is outsourced or re-tendered, the Employment Appeal Tribunal has ruled that an employee’s contract can be split so they go from working full time for one employer to working part time for two or more.
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I’m still standing - should employers set up a standing body for collective consultation?
10 March 2021Employers may have to contemplate difficult decisions as they look ahead to the lasting effects of the pandemic, including potentially making redundancies. This article discusses whether now might be an opportune time for employers with no recognised trade union to set up a standing body for collective consultation purposes.
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Resourcing for 2021: wider impacts of the present crisis
10 March 2021The final instalment of our three-part series of articles exploring resourcing challenges, opportunities and trends in 2021 examines a range of employment issues including reward strategy, outsourcing and collective representation.
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New rules on witness statements in force from 6 April 2021
09 March 2021The Civil Procedure Rule Committee has approved new rules on preparing trial witness statements of fact in the Business and Property Courts of England and Wales (i.e. the Chancery Division, the Commercial Court, Circuit Commercial Court, Financial List). The new rules apply to trial witness statements signed on or after 6 April 2021 (with certain exceptions) and will have a significant impact. Parties and their advisers need to become familiar with the changes now for any trial statements that may already be in progress.
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The world of employment law: Casual, on-call and freelance workers
09 March 2021Questions of employment status continue to preoccupy courts and legislators, as new technology and new ways of working pose a challenge to traditional definitions of employee and contractor. Cases on this issue are being brought around the world, many of which revolve around taxi and delivery drivers engaged through digital platforms.
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US privacy update what UK and EU businesses need to know
08 March 2021In February 2021, Lewis Silkin welcomed back “very accomplished and expert” (Legal 500 2020) Gary Kibel of US firm Davis & Gilbert LLP to talk through major changes in the US privacy landscape in the past 12 months, how those changes affect UK and EU businesses, and how the changes compare to the General Data Protection Regulation (GDPR).
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Lewis Silkin advises Metapraxis on investment from Avant Corporation
05 March 2021Lewis Silkin has advised financial software analytics firm Metapraxis on an equity investment and secured convertible loan facility from Avant Corporation.
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“One shall be conducting an independent investigation”
05 March 2021Whatever you might have to say about the timing of fresh bullying allegations being made against the Duchess of Sussex, the response of Buckingham Palace echoes that of many other high-profile companies and institutions over recent months and years: an investigation will take place. In this article, we consider the many important and complex issues organisations need to navigate when conducting investigations into allegations in the workplace.
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一時帰休スキームが2021年9月まで延長
04 March 2021政府は全セクターに対する一時帰休スキームについて、2021年9月30日までの延長と、7月1日からの雇用主による拠出の段階的な引き上げを発表しました。
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Immigration announcements in the Spring Budget 2021
04 March 2021On 3 March 2021 the Chancellor, Rishi Sunak, announced a range of immigration measures designed to help highly skilled and skilled international talent come to the UK to support business growth, particularly for scale-up businesses, innovative businesses and intra-company transfers, and to contribute to the advancement of key industry sectors such as academia, science, research and technology. There are also commitments to improving the system for business users, and to marketing the UK’s visa offering more effectively.
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Court of Appeal rejects human rights challenge to UK union recognition regime
04 March 2021The Court of Appeal has rejected a trade union’s contention that the block on it applying to the Central Arbitration Committee for recognition because an employer already recognised another independent trade union was incompatible with the European Convention on Human Rights.
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Clarification of IR35 reforms in Budget
04 March 2021Helpful clarifications of the forthcoming changes to off-payroll working arrangements in the private sector were contained in a policy paper released by HMRC as part of the 2021 Budget.