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Lucy Lewis comments for The Telegraph: South Western Railway strike: Can I be sacked because my trains keep getting cancelled?
Press
18 June 2019Lucy Lewis has commented in an article for The Telegraph that discusses the five-day rail strike across South Western Railway (SWR) services that's threatening to disrupt journeys for hundreds of thousands of commuters as workers walk out in a long-running dispute over the role of train guards.
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Court of Appeal decides that unions do not have a veto during collective bargaining
17 June 2019The Court of Appeal (“CA”) has ruled that offers made directly by an employer to its employees in relation to pay and working hours did not amount to an unlawful attempt to bypass collective bargaining contrary to section 145B of the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”). S.145B is only engaged if the employer’s purpose is to stop employees’ terms of employment from being determined by collective agreement on a permanent basis.
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IR35 – What is changing and what you need to do
17 June 2019The government is committed to cracking down on “disguised employment”. In order to achieve that, the IR35 rules are changing in April 2020. If you engage contractors (or “off-payroll workers”) whether directly or through an agency who are providing their labour through an intermediary such as a personal services company (PSC) (that is a company owned and controlled by the contractor) you need to make changes well ahead of April 2020.
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The EU gets Transparent and Predictable
14 June 2019The EU’s Transparent and Predictable Working Conditions Directive - long in the gestation – is on the brink of becoming law. We look at what it means.
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Voluntary overtime must be included in holiday pay if sufficiently regular and settled
12 June 2019The Court of Appeal (“CA”) has confirmed that the Working Time Directive (“WTD”) requires voluntary overtime to be included in holiday pay if it is sufficiently regular and settled to amount to normal remuneration. On the wording of their NHS contracts, the claimants were also entitled to have both compulsory and voluntary overtime included in their holiday pay.
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Ask about... Retail, Fashion and Hospitality
12 June 2019Many of our clients in the retail, fashion and hospitality sector face similar HR issues. Each month one of the members of our team will identify an issue, ask how you would deal with it and provide our advice. This month we asked Emma...
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New processes for low-risk nationalities using e-passport gates to enter the UK
Press
10 June 2019Since 20 May 2019 citizens of Australia, Canada, Japan, New Zealand Singapore, South Korea and USA have been able to use e-passport gates at airports in Birmingham, Bristol, Cardiff, the East Midlands, Edinburgh, Gatwick, Glasgow, Heathrow, London City, Luton, Manchester and Stansted, as well as the Eurostar terminals at Brussels and Paris.
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Joanna Hunt and Kathryn Denyer write for HR Magazine: Digitalisation of the visa system: What HR should know
Press
07 June 2019Joanna Hunt and Kathryn Denyer have written an article for HR Magazine that discusses how HR teams need to get up to speed with the transformation of the UK's visa system, including digital visa status and online right to work checks.
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The Trade Secrets (Enforcement, etc) Regulations 2018, one year on
07 June 2019The UK implemented legislation on 9 June 2018 bringing into force the EU Trade Secrets Directive. This article looks at the impact this legislation has had in the employment context where a claim for misuse of confidential information may now also include a statutory claim for misuse of trade secrets.
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James Davies comments for Compliance Monitor: Office autocrats: facing dominant behaviours in financial services
Press
06 June 2019James Davies has commented in an article for Compliance Monitor which discusses forceful personalities in the financial services industry, the negative group behaviours that arise from them and how bucking these pressures is a formidable task for an individual and, lamentably, most whistleblowers still experience adverse reprisals.
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Tom Heys comments for The Economist: Don’t talk (too much) about religion at work
Press
06 June 2019Tom Heys has commented in an article for The Economist which discusses religion in the workplace.
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APAC Bulletin - May 2019
03 June 2019Welcome to the May 2019 edition of our APAC Bulletin covering the latest employment and immigration updates across the region.
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Lewis Silkin’s Worksphere service wins award at the Legal Week Innovation Awards 2019
Press Release
31 May 2019Worksphere has won the award for Training Innovation at the Legal Week Awards for its campaign #aLastingChange and the development of bespoke anti-sexual harassment and bullying training sessions with the goal of enabling culture change within our clients’ organisations.
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Toni Lorenzo, Michael Anderson and David Samuels write for People Management: Mitigating the impact of an unlawful team move
Press
30 May 2019Can you prevent former employees from competing even in the absence of enforceable restrictive covenants? Toni Lorenzo, Michael Anderson and David Samuels report for People Management in light of a recent Court of Appeal ruling.
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Failing to enhance pay for shared parental leave is not sex discrimination
28 May 2019In an emphatic judgment, the Court of Appeal (“CA”) has ruled that it is not direct discrimination, indirect discrimination or breach of equal pay rights to provide enhanced pay for maternity leave and statutory pay only for shared parental leave.
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James Davies comments for Legal Business: Market Report: Employment – The toughest gig in town
Press
28 May 2019James Davies comments in an article for Legal Business which discusses how #MeToo's influence on employment litigation in firms is likely to come into full swing in 2019.
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Karen Baxter comments for The Telegraph: The toxic legacy of bosses who just won't quit (like Theresa May)
Press
24 May 2019Karen Baxter has commented in an article for The Telegraph which asks 'what can employees do when their boss refuses to quit?'
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Employee ordered to pay over £500,000 in legal costs in a dispute involving breach of restrictive covenants and data privacy
24 May 2019Following a trial in the High Court where an employer was successfully awarded final injunctions to prohibit a former employee from breaching post-termination restrictions (“PTRs”), the losing employee was ordered to pay 90% of his former employer’s legal bill.
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Reducing business costs - alternatives to redundancy
Inbrief
23 May 2019When businesses run into financial difficulties and need to reduce costs, the knee-jerk reaction is often to consider the scope for job cuts.
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Pension auto-enrolment
Inbrief
22 May 2019Since 1 October 2012 employers have been 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).