During the pandemic, employees rethought their relationship with work. Employees now seek roles that offer competitive remuneration with other benefits including flexibility, health, well-being and work-life balance. Read more on this in our next article in the Transforming Workplace series. What do your employees want and need? This article is part of our Transforming Workplace … Continue reading
In the next in the Transforming Workplace global series we examine why and owe employees have rethought their relationship with work. The “Great Enlightenment”: Why and how employees have rethought their relationship with work This article is part of our Transforming Workplace series. Other articles exploring the opportunities, challenges and risk of the transforming workplace … Continue reading
In the next in the Transforming Workplace global series we examine the looming “Intent to Resign” challenge facing businesses worldwide “Intent to Resign”: The Real Risk This article is part of our Transforming Workplace series. Other articles exploring the opportunities, challenges and risk of the transforming workplace can be found here.… Continue reading
With the global change in the way we work seen as a key element of the new “business as usual”, our Transforming Workplace global series examines the global perspectives of the opportunities, challenges and risks of this new transforming workplace. In the first in this series we examine the concept of the “Great Resignation”. The … Continue reading
Given that April 6, 2022 was the date set out in the new draft notifiable events regulations it seems distinctly odd that there has been complete silence since the consultation closed last October. I am hoping the silence is down to legislators having a long hard think about whether the drafting is fit for purpose … Continue reading
On 21 February 2022, the UK Government announced its plan to end remaining COVID-19 restrictions in England. These include, from 24 February, the removal of the legal requirement to self-isolate following a positive test; and the requirement to wear face-coverings in public spaces and on public transport; and, from 1 April, the withdrawal of free … Continue reading
The Home Office has released updated guidance on right to work checks, to reflect changes which are due to come into effect, from 6 April 2022. Rights to work checks From 6 April, employers will no longer be able to carry out manual right to work checks for employees/candidates who are biometric card holders. Instead … Continue reading
2021 saw a number of Pensions Ombudsman decisions on reclaiming overpaid benefits. The direction of travel was decidedly member-friendly. I’m left wondering what schemes can do to improve the odds of being able to recover excess payments. What can stop a scheme from reclaiming overpayments? If benefits are overpaid, the starting point is that trustees … Continue reading
On 1 January 2022, a new Act on gender diversity in boards of Dutch companies has entered into force. The Act provides for quotas to apply to supervisory boards and non-executive directors of Dutch companies listed on Euronext Amsterdam (AEX). In addition, large Dutch companies (as defined below) have to adopt appropriate and ambitious targets … Continue reading
The UK Court of Appeal has given its judgment in the case of Smith v Pimlico Plumbers and has allowed the appeal by the appellant in relation to his claim for holiday pay. The case considered whether the worker (who had been incorrectly identified as self-employed) was within time to bring his claim for paid … Continue reading
Legal innovations Amended regulations apply to this year’s works council elections taking place from March 1 to May 31, 2022. Pursuant to Section 24 (2) of the Election Regulations of October 8, 2021 (BGBl. I 4640/2021), HR departments are required to provide, in addition to the typical employee data used to draw up the electoral … Continue reading
Although the start of 2022 continues to be dominated by the COVID-19 pandemic, it is hoped that 2022 may see the introduction of some of the legislative developments, which were delayed or postponed since 2019. This blog post looks at what changes employers can expect in relation to employment law this year, and what steps … Continue reading
I read with interest the blog post by Nicola Parish, TPR’s Executive Director of Frontline Regulation, on December 8, 2021, where she warned trustees of DB schemes to be vigilant in the current economic climate. Nicola emphasised the need for strong, open relationships with employers and I think she is spot on with that comment. … Continue reading
Corporate transactions can uncover a number of immigration considerations, particularly if the buyer, seller, or target company, or any entity involved in the transaction, has a sponsor licence. Even without the complexities of a sponsor licence and the duties of the company, immigration issues can arise relating to the prevention of illegal working. Quite often … Continue reading
On 17 December 2021, The Statutory Sick Pay (Medical Evidence) Regulations 2021 came into force. The regulations temporarily extend the period that employees can self-certify to 28 days. Generally employees who are absent from work due to a period of sickness absence can self-certify for the absence for any period of up to seven days. … Continue reading
The correct handling of personal data requires special care by employers. The German Federal Labour Court (BAG, 26.08.2021 – 8 AZR 253/20 (A)) has referred essential questions to the European Court of Justice (ECJ) for clarification. The BAG’s decision, which, if confirmed by the ECJ, could now tighten the standard of due diligence and increase … Continue reading
The use of the coronavirus entry pass in the workplace Pursuant to a temporary law the Dutch government wants to enable the use of the coronavirus entry pass (coronatoegangsbewijs, or ctb) at the workplace in certain sectors. The bill will be debated by the House of Representatives on January 5, 2022. The first version of … Continue reading
In a recent case, the Court held that a prosecution can be brought against an administrator if they are held to be conniving in the failure of the employer to notify the Secretary of State of collective redundancies. The Court also held that the English Court had jurisdiction to hear the claim notwithstanding that the … Continue reading
A recent decision by the German Federal Labour Court (BAG, 30.11.2021 – 9 AZR 225/11) will have significance for employers who have made use of short-time work. Individual working days which are lost due to short-time work, have to be taken into account when calculating annual leave. As a result, employees might have to adjust … Continue reading
It was great to attend “in person” the Association of Pension Lawyers annual conference in Brighton last week. A speaker suggested it would be helpful if the Pensions Regulator were to provide clearer guidance on when it might use its new enforcement powers, in particular by giving more specific examples and thresholds. I can see … Continue reading
In Germany the “Epidemic Situation of National Significance” ends on November 25, 2021. As a result, the German legislature has amended several COVID-19 related laws, such as the German Infection Protection Act (Infektionsschutzgesetz – IfSG), in order to continue certain protective measures. The amended regulations (BT-Drs. 20/15 and BT-Drs. 20/78) aim to provide for a … Continue reading
The DWP has now finalised its new rules about statutory pensions transfers. The new rules place statutory obligations on trustees to examine most transfers in greater detail and give trustees significantly greater scope to say no to a member request to transfer their pension to another pension scheme. This is if they decide that certain … Continue reading
The UK Court of Appeal has delivered its judgement in another case looking at the issue of employment status regarding those working in the gig economy. In the UK there are three levels of employment status: Self-employed, worker and employee. Determining employment status is important for understanding the employment rights to which an individual is … Continue reading
Disciplinary procedures are strictly regulated under French employment law. However, when an employer issues an official written warning to an employee because he has committed an act of misconduct, the employer can, in principle, be less formal. Unless the Collective Bargaining Agreement applicable to the company sets out any specific obligation, it is sufficient for … Continue reading