Topic: UK

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Employment and Financial Services

On 7 March 2016 the Senior Managers and Certification Regime (SM&CR) was introduced to improve accountability in the financial services sector.   The SM&CR applies to UK banks, building societies, credit unions, PRA designated investment firms and branches of foreign banks operating in the UK.  It consists of three elements: the Senior Managers Regime (SMR), the … Continue reading

Enforcement of the right to paid holiday under the UK Working Time Regulations ruled incompatible with the EU Directive

The Court of Justice of the European Union (ECJ) has ruled that the method of enforcement of the right to paid holiday in the UK Working Time Regulations (WTR) is incompatible with the EU Working Time Directive. This is because, if an employer refuses to pay a worker for a period of holiday, under the … Continue reading

A Framework for Modern Employment – House of commons report.

The Work and Pensions and Business, Energy and Industrial Strategy Committees have published a joint report on “A framework for modern employment” (the Report) which considers how the employment framework should be amended to reflect the modern workplace. The Report acknowledges that “the expansion of self-employment and business models built around flexible work on digital … Continue reading

Uber appeal – Drivers have worker status

The EAT has dismissed Uber’s appeal against the employment tribunal’s decision that its 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 the Working Time Regulations 1998 (WTR 1998).   The EAT held that the … Continue reading

Employment Tribunal Fees – Refund Scheme

The government announced the first stage of its employment tribunal fees refund scheme on 20 October 2017. As set out in our previous post https://www.globalworkplaceinsider.com/2017/07/uk-employment-tribunal-fees-unlawful/  the Supreme Court in the UK handed down its judgement on 26 July 2017, holding that the introduction of fees in the Employment tribunals was unlawful.  As a result of … Continue reading

Criminal Finances Act 2017 – Employers liability

The Criminal Finances Act 2017 came into force in the UK on 30 September 2017. It introduces new corporate criminal offences of failing to prevent an employee, agent or any other person who is performing services for the organisation from criminally facilitating the evasion of tax, whether the tax is owed in the UK or in … Continue reading

Restrictive covenants in UK contracts of employment

In the UK, a post termination restrictive covenant will be void for being in restraint of trade unless the employer has a legitimate business interest to protect and the protection sought is no more than is reasonable to protect that interest. The interests which can be protected are clients, staff, and confidential information. One type … Continue reading

UK Employment Tribunal Fees Unlawful

The Supreme Court in the UK handed down its judgement on 26 July 2017, holding that the introduction of fees in the Employment tribunals prevents access to justice and is unlawful under both domestic and EU law. This is a very significant decision in the field of employment law and the enforcement of employment rights. … Continue reading

Whistleblowing – what amounts to the public interest?

A recent Court of Appeal decision has confirmed that a disclosure which is in the private interest of the worker can still be considered to be in the ‘public interest’ and therefore fall within the whistleblower protection included in the Public Interest Disclosure Act 1998. However, it did confirm that any decision will depend on … Continue reading

ICO updates its subject access Code of Practice

The Information Commissioner’s Office in the UK (ICO) has updated its Subject Access Code of Practice (the Code) which deals with requests from individuals for personal information. The amendments are mainly to reflect the Court of Appeal’s decisions in the recent cases of Dawson-Damer and others v Taylor Wessing LLP [2017] EWCA Civ 74 and … Continue reading

The GDPR – what does it mean for HR?

The implementation of the General Data Protection Regulation (the GDPR) on 25 May 2018 will see a replacement of the current data protection law set out in the Data Protection Act 1998 and an extension of data protection obligations. Employers process a large amount of data in relation to their employees, not only the information … Continue reading

Do employees who are pregnant or on maternity leave enjoy special protection on redundancy?

It is not unlawful in itself to make an employee redundant who is pregnant or on maternity leave. This means that, subject to the special protection enjoyed in respect of alternative employment referred to below, the fairness and lawfulness of the redundancy dismissal will be determined in the same way as other redundancy dismissals. So, … Continue reading

Disability Discrimination on recruitment

It is not only employees who have the right to claim discrimination: Applicants for employment can also be discriminated against. Employers must therefore ensure that any recruitment process is not discriminatory. A recent case of Government Legal Service –v- Brookes considered a recruitment process to the Government Legal Service (GLS).  Applicants to that service are … Continue reading

The necessity of adopting a sensitive consultation process in the event of redundancy

This post was contributed by Jahan Meeran, Trainee Solicitor, Norton Rose Fulbright LLP, London A recent decision of the Employment Appeal Tribunal (EAT) illustrates the pitfalls of not adopting a sensitive consultation process in the event of redundancy.. In the case, the claimant had been employed by the property management division of his employer for … Continue reading

Financial Sector – Conduct and Regulatory References

On 7 March 2017, one year after the implementation of the Senior Managers and Certification Regime (SM&CR) which was introduced to improve accountability in the financial services sector, two further requirements have come into effect: The regulatory reference requirements; and the rolling out of the Conduct Rules to a wider range of employees. Regulatory references … Continue reading
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