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Changes to continuous residence rule for ILR applicants
08 January 2018
From 11 January 2018 new provisions are coming into force that will affect how the Home Office assesses continuous residence for indefinite leave to remain (ILR) applications.
Evidence of pre-termination negotiations will be admissible if the EDT is in dispute
15 January 2018
The Employment Appeal Tribunal (“EAT”) has decided that if the effective date of termination (“EDT”) is in dispute in an unfair dismissal case, a tribunal can hear evidence of pre-termination negotiations if that evidence is relevant to determining the issue.
Advocate General suggests no transfer on change of music school contractor
26 January 2018
An Advocate General (“AG”) of the European Court of Justice (“ECJ”) has considered whether a transfer of an undertaking occurred where a contract to operate a Spanish music school was terminated and another contractor resumed the service five months later. Under the EU Acquired Rights Directive (“ARD”), a transfer of an undertaking occurs where there is a transfer of an economic entity which retains its identity. An economic entity consists of an organised grouping of resources (i.e. persons and assets), organised with a view to carrying on economic activity.
TUPE and offshoring
30 January 2018
In a recent case, the Employment Appeal Tribunal (“EAT”) was asked to consider the application of TUPE in the context of an offshoring of services and whether a transferring employee was entitled to protection of his salary terms if he relocated to the new place of operations in the transferee’s home jurisdiction.
Further clarity on relevance of TUPE following a share sale
31 January 2018
How relevant is TUPE in the context of a share sale? A recent decision of the Employment Appeal Tribunal (“EAT”) provides a reminder that TUPE can easily come into play when a buyer is considering what to do with its newly acquired subsidiary. In this case, the buyer’s actions led to an unexpected TUPE transfer and a £3.5 million bill.
Creating a lasting change - an open letter
01 February 2018
2017 was the year women’s workplace issues dominated the public conversation.
Update on the new tax rules for payments in lieu of notice
16 February 2018
New tax rules will mean that income tax and national insurance contributions (“NICs”) must be paid on all payments in lieu of notice (“PILONs”) with effect from 6 April 2018.
Remix to Transition
02 March 2018
This week the government released a new proposal on EU citizens arriving in the UK during the Brexit 'transition period', which is set to run for about two years after the UK leaves the EU in March 2019.
Directors held to be trustees of company property
08 March 2018
The Supreme Court has held that directors should be treated as being in possession of company property from the time of their appointment because, as fiduciary stewards they are trustees of trust property within the meaning of section 21(1)(b) of the Limitation Act 1890 (“the Act”).
An inspirational woman ahead of her time
08 March 2018
On International Women’s Day, it seems appropriate to reflect on an extraordinary woman who has led an extraordinary life - Dame Stephanie Shirley.
Brexit priorities for HR with a year to go
21 March 2018
The United Kingdom will leave the European Union in just over a year’s time on 29 March 2019, in the absence of an agreement to defer the separation. It seems probable there will be a 21-month transitional period, during which EU laws will continue to apply and business will have time to adapt to a post-Brexit world.
Workplace Relations Commission Code of Practice on Longer Working
28 March 2018
At the end of 2017, the Workplace Relations Commission published a Code of Practice on Longer Working (the “Code”). The Code contains guidance for employers and employees on managing the run up to retirement and dealing with requests to work beyond retirement. This has been an area of increasing focus for employers over recent years as the proportion of older workers continues to rise.
Buying a business in the UK
01 April 2018
This guide is intended to assist potential buyers, who are from overseas, and have not been through the process of buying a business in the UK before and want to know a little more about what to expect. English company law does not impose any restrictions on foreigners acquiring an interest in domestic companies. These notes assume that the target business is owned by a private limited company incorporated in England, with several individual shareholders.
HMRC publishes guidance on new PILON tax rules but uncertainty remains
12 April 2018
HM Revenue & Customs has published guidance on the new rules that require income tax and national insurance contributions (NICs) to be paid on all payments in lieu of notice (“PILONS”) with effect from 6 April 2018.
Failure to pay father full pay for shared parental leave is not sex discrimination
12 April 2018
The Employment Appeal Tribunal (“EAT”) has decided that it is not sex discrimination to fail to pay full salary to a father taking shared parental leave, in circumstances where a mother taking maternity leave during the same period would have received full pay.
Find a Job service to replace Universal Jobmatch
25 April 2018
The Government has announced that Universal Jobmatch will be replaced by the Find a Job service on 14 May 2018. Your existing Universal Jobmatch account will not move to the new service.
EHRC gets tough on enforcing gender pay gap reporting
26 April 2018
Enquiries by Lewis Silkin have revealed that the Equality and Human Rights Commission (“EHRC”) is adopting a rigorous approach to enforcement of the gender pay gap reporting (“GPGR”) regime.
Failing to enhance pay for shared parental leave may be indirect sex discrimination
04 May 2018
The EAT has indicated that enhancing maternity pay, but not pay for taking shared parental leave, may give rise to an indirect sex discrimination claim by fathers. This follows last month’s EAT decision that a failure to pay a father enhanced pay for shared parental leave was not direct sex discrimination.
Five in 5
15 May 2018
A series of five hints, tips and thoughts you should definitely remember as part of your sponsor reporting obligations.
Appeal judgment confirms Addison Lee cycle couriers are workers
17 May 2018
In the latest decision on employment status in the gig economy, the Employment Appeal Tribunal (“EAT”) has dismissed an appeal by Addison Lee against an Employment Tribunal (“ET”) decision that its cycle couriers were “workers” and so entitled to holiday pay.