The Rehabilitation of Offenders Act 1974 (ROA) applies to deem certain previous criminal convictions “spent” where the individual does not re-offend during a certain specified period from the date of conviction – the rehabilitation period. Convictions which are deemed “spent” are not disclosable including to employers except where an exemption applies which is
The future of underpayment proceedings: The Fair Work Ombudsman and union led class actions
This article was co-authored with Kate Green and Rachael Lee.
Amidst an exponential increase in wage theft and pay compliance matters, the proliferation of underpayment proceedings in recent years has created complexity as employers face a hotbed of often overlapping and competing claims from employees, unions, third party funders and the Fair Work Ombudsman (the
Applying the new rules for the upcoming temporary shutdown period
This article was co-authored by Beth Kitchener, Michael Nightingale and Ying Yi Lim.
With the Christmas and New Year period soon upon us, it is timely to revisit the changes to the shutdown rules of 78 Modern Awards (Awards) (listed below) which came into operation earlier this year.
These changes
The criminal offence of failing to comply with collective redundancy notification requirements; can an administrator be guilty?
The Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) imposes duties on employers who are proposing to dismiss at least 20 employees as redundant at one establishment within 90 days or less. One such duty is to notify the Secretary of State at least 30 days before the first of those dismissals
UK Pensions: The Economic Crime and Corporate Transparency Bill – what does the UK’s latest crack down on fraud mean for pension schemes?
As part of a longstanding government programme to combat fraud, the Economic Crime and Corporate Transparency Act 2023 has just been passed, although the implementation timeframe has yet to be confirmed. It is a particularly wide-ranging piece of legislation. Should this be on the radar for pension scheme employers and trustees?
The most eye-catching part
Rude awakening – High Court rules on employer vicarious liability for after-hours conduct in shared staff accommodation
This article was co-authored by Roxanne Hilton, Amy Parry and Grace Carlson.
The High Court in CCIG Investments Pty Ltd v Schokman has recently overturned a decision of the Queensland Court of Appeal, shedding light on when wrongful acts occur ‘in the course or scope of an employee’s employment’.[1]
Course or scope of
New legislation on Sexual Harassment receives Royal Assent
The Worker Protection (Amendment of Equality Act 2010) Bill (the Bill) received Royal Assent on 26 October 2023, becoming the Worker Protection (Amendment of Equality Act 2010) Act 2023 (the Act). The Act will come into force in October 2024, and will extend to England, Wales and Scotland.
The Act amends provisions in
Removal of the bankers’ bonus cap
With effect from 31 October 2023 the “bonus cap”, which previously limited the variable remuneration of certain bank staff to 100% of their fixed pay (or 200% with shareholder approval) has been abolished. The FCA and PRA in their consultation paper on this change highlighted that the removal of the cap is intended to help
FCA and PRA consultations on D&I in the financial services sector: An employment law perspective
The Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) have recently published consultation papers setting out proposals to promote diversity and inclusion (D&I) in the financial services sector. The papers follow on from the joint discussion paper in July 2021 when the regulators made it clear that firms
New Electronic Travel Authorisation Rules
An electronic travel authorisation (ETA) will soon be required to enter the UK as a visitor or to transit, for those who would not ordinarily require a visa in advance of travel to the UK.
The UK Home Office has stated that the introduction of the requirement by means of the ETA will improve border