The Supreme Court in the UK has held that food delivery riders (Riders) were not in an ‘employment relationship’ for the purposes of Article 11 of the European Convention on Human Rights, meaning that the provisions of that article which protect the right to form and join trade unions do not apply to them. In
Europe
UK Pensions: Flurry of pensions-related announcements in Autumn Statement
The Chancellor’s Autumn Statement on November 22, 2023, included a long list of pensions announcements, although only the first three set out below have a firm starting date of April 6, 2024.
Governments response on Retained EU Employment Law
On 8 November 2023 the UK government published its response to its May 2023 consultation paper on “Retained EU Employment Law” (the Response). This covered three areas: (i) record keeping requirements under the Working Time Regulations (WTR 1998); (ii) simplifying annual leave and holiday pay calculations in the WTR 1998; and (iii)…
Reform of rehabilitation periods for criminal record checks
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 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…
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…