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UK Pensions: What’s TPR’s policy on policies?

One thing that jumps out at you the more you read the Pensions Regulator’s draft single Code of Practice is that trustees are expected to have a LOT of policies. We can see the logic: to have an effective system of governance, proper processes need to be in place and trustees will need to think … Continue reading

UK Pensions: Don’t ‘do’ pensions? Think again…

The Pensions Regulator has had a busy lockdown. While some details of its new enforcement powers under the Pension Schemes Act 2021 remain to be finalised, the need to consider the implications of those changes when conducting a wide spectrum of corporate transactions is clear. Merger and acquisition dealmakers, board members and others should be … Continue reading

Germany: Exclusion clauses put to the test

Regularly agreed in employment contracts, exclusion clauses shorten the statutory limitation period for claims arising in the employment relationship and ensure certainty between employer and employee especially with regards to claims that are years old. In a remarkable decision the German Federal Labour Court (BAG, 26.11.2020 – ref. 8 AZR 58/20) has fundamentally changed the … Continue reading

Disciplinary actions and dismissals

Paul Griffin, Amanda Sanders and Joanna MacKenzie consider how to handle disciplinary and dismissal matters, and the additional requirements that employers should consider in light of the COVID-19 pandemic and the future workplace. This article was originally published in PLC Magazine The PDF is available: Disciplinary actions and dismissals PDF… Continue reading

Hybrid working after COVID-19

Joanna MacKenzie has written an article on hybrid working and issues that employers need to consider before implementing new ways of working. This article was originally published in PLC Magazine The PDF is available: Hybrid working after COVID-19 PDF… Continue reading

“Long Covid” and the implications for employers

“Long Covid” (or “post-Covid-19 syndrome”) is a condition where people who have contracted Covid-19 continue to experience symptoms for weeks or even months after their initial infection.  It affects individuals differently, and symptoms can range from fatigue, headaches, loss of taste or smell, lasting fever or anxiety, to respiratory difficulties, muscle weakness, blood clots and … Continue reading

Is the failure to enhance shared parental leave pay discriminatory when adoption leave pay is enhanced?

In the case of Price v Powys County Council, the Employment Appeal Tribunal have upheld the tribunal’s decision that there is no sex discrimination where an employer pays a man on shared parental leave less than a woman on adoption leave. In the UK, Shared Parental Leave (SPL) provides flexibility for parents to take leave … Continue reading

Who bears the investigation costs for compliance violations?

Carrying out investigations to determine violations of compliance rules can cause considerable costs for companies. In a recent decision, the German Federal Labor Court (BAG, 29.4.2021 – ref. 8 AZR 276/20) has now clarified the circumstances in which an employee must bear the costs of investigations in connection with allegations of breach of compliance rules … Continue reading

Right to work checks: Extension of the COVID-19 concession to 20 June 2021 – now extended to 31 August 2021

In order to obtain a statutory defence against illegal working, employers should check the right to work of all employees’ original documents in person on or before their employment commences.  In the absence of a correct check and in the event that an illegal working issue arises, this will assist the employer in avoiding civil … Continue reading

COVID-19: Mandatory testing in companies

In view of worrying pandemic figures, the German Federal Government has amended the existing “SARS-CoV-2 Occupational Health and Safety Ordinance” (Corona-ArbSchV) (the Ordinance). Employers now face the additional obligation of offering COVID-19 testing to their employees, unless the employees work from home. Introduction of mandatory testing… Continue reading

The National Minimum Wage and care workers who sleep in: Supreme Court decision

The Supreme Court handed down its decision in the joined cases of Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad and another (T/A Clifton House Residential Home) which concern an employee’s right to the national minimum wage for periods of time when they are required to remain at home on their shift and/or residential … Continue reading

UK Pensions: Data transfers from the EU likely to continue uninterrupted

We’re pleased to report what looks like some good news for pension schemes on data protection. The European Commission has published a draft decision as to the “adequacy” of the UK’s data protection laws. If the draft decision is formally approved by EU Member States, this would allow personal data to flow from the EU … Continue reading

Budget – Immigration Proposals

In addition to the measures referred to in the Budget which are aimed at addressing the immediate challenges of COVID-19 and putting the UK’s public finances on a sustainable footing in the medium term, the Government stated in the Budget that it recognised the importance of creating the conditions for an investment-led recovery driven by … Continue reading

“Stale” and “ineffective” training is insufficient to establish the reasonable steps defence

A recent decision of the Employment Appeal Tribunal (EAT) in Allay (UK) Limited v Mr S Gehlen provides useful guidance to employers seeking to rely on the “reasonable steps” defence to a claim of discrimination, harassment or victimisation. An employer can be liable for acts of discrimination, harassment and victimisation carried out by its employees … Continue reading

Supreme Court decision in Uber v Aslam

The Supreme Court has today handed down its decision in Uber BV and others v Aslam and others, upholding the Employment Tribunal decision that the drivers are ‘workers’ within the meaning of S.230(3)(b) of the Employment Rights Act 1996 (ERA 1996) and the equivalent definitions in the National Minimum Wage Act 1998 (NMWA 1998) and … Continue reading

What options do working parents have when trying to balance their work and home responsibilities during the pandemic?

The current national lockdown in the UK has imposed school and childcare closures for all but those children of essential key workers. Even prior to lockdown measures, many children were being sent home regularly to isolate, due to a positive case of Covid-19 in their class or school bubble. This has inevitably left many working … Continue reading

The COVID-19 vaccine @ work: a Dutch employment law perspective

At a time when the world is suffering from the COVID pandemic, hope rests in the advent of Covid-19 vaccines. In addition, employers are trying to anticipate the ever-changing situation in the workplace. In doing so, they must adhere to existing laws and regulations, which were not written with a situation like this in mind. … Continue reading

Germany: COVID-19-vaccination and employment law

In Germany, employers are obliged to take all necessary measures, including those to protect against infection (such as offering working from home, increased hygiene protections, social distancing and behavior) and offering voluntary company vaccination programs, in order to protect the health and safety of the workers in the company and to fulfil their obligations under … Continue reading

Collective Redundancies: 90 day rolling reference period

The Collective Redundancies Directive (98/59/EC) (the Directive) sets out consultation requirements for employers where a set number of redundancies are contemplated within a specified time frame, being either 30 or 90 days depending on the member state concerned. In the UK, the Directive is implemented through the Trade Union and Labour Relations (Consolidation) Act 1992 … Continue reading
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