Topic: UK

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Artificial Intelligence and employment law

On 11 August 2023, the UK House of Commons published a research briefing paper on artificial intelligence (AI) and employment law.  The paper provides an overview of AI and its various subcategories, outlines current uses of AI in the workplace, considers the implications of using AI and summarises the current proposals to regulate such use.  … Continue reading

Increase to civil penalties for illegal working

All UK employers must carry out right to work checks before employing someone, to ensure that the individual is legally permitted, by reason of their immigration status, to carry out the work in question. Correctly conducting a right to work check prior to employment will provide the employer with a statutory excuse against illegal working. … Continue reading

What next for UK Employment law?

The European Union (Withdrawal) Act 2018 preserved a number of EU laws in UK statute as Retained EU Law (REUL).  The Retained EU Law (Revocation and Reform) Bill (REUL Bill) was introduced to amend, remove and replace the REULs that the UK government deemed to be unsuitable and replace them with bespoke UK provisions.  The … Continue reading

Restrictive covenants – severance of words with “fantastical” consequences and the impact of delay in issuing proceedings

In the recent case of Boydell v NZP Ltd and others [2023] EWCA Civ 373 the Court of Appeal considered two key issues in relation to a non-compete clause: First with regard to severance: whether the High Court’s decision to sever words from a non-compete clause went beyond the principles set out by the Supreme … Continue reading

UK: Changes in employment law current rates and limits – April 2023

April marks the annual increase in the limits (maximum and minimum) applying to certain awards of Employment Tribunals and other amounts payable under employment legislation. Employers should ensure that they are aware of these changes and make adjustments where appropriate. Maximum Compensation Limits From 6 April 2023, there will be increases to the maximum compensation … Continue reading

CMA Advice on how to avoid anti-competitive behaviour

On 9 February the Competition & Markets Authority (CMA) published a short guidance note for employers on how to avoid anti-competitive behaviour. The aim of the guide is to boost compliance with the rules regarding anti-competitive behaviour and to remind employers of their legal obligations.  The CMA points out that anti-competitive agreements can negatively impact … Continue reading

Employment Law – What to expect in 2023

Last year saw little legislative changes in the UK with regard to employment law.  However, there may be changes of interest for employment lawyers over the coming year.   This blog post looks at what changes employers can expect in relation to employment law this year and what steps they should be taking to prepare for … Continue reading

Employment law – Government backing of Private Members Bills

In the Queen’s speech in December 2019 the Government announced its intention to bring about changes to employment laws in a new Employment Bill.  These changes included provisions relating to carers leave, extension of protection for employees on maternity leave, rights regarding tips and gratuities, the right to request a more predictable and stable contract … Continue reading

“Quiet quitting” has been included in Collins Dictionary’s top 10 words of the year for 2022 – but what is it?

For most, a contract of employment (or similar written terms of employment) and job description will set out the terms and conditions of the working relationship with their employer.  Among other things, it will include the individual’s contractual hours of work and may include the scope of their duties.  So what is the issue if … Continue reading

EAT decision reminds employers of the need for genuine consultation and reasonable selection criteria when carrying out redundancies 

In the recent case of Mogane v Bradford Teaching Hospitals NHS Foundation Trust [2022] UKEAT 139, the Employment Appeal Tribunal (EAT) found that the redundancy dismissal of a fixed term employee was unfair due to a lack of genuine consultation and the use of arbitrary selection criteria.   The Claimant, Ms Mogane, was employed as … Continue reading

Can an employer settle future statutory claims in a settlement agreement?

Employees may have claims against their employer that can arise during the recruitment process, the employment or on termination.  In this case, the parties may enter into a formal settlement agreement to settle most statutory employment claims.  In order for any such agreement to be binding it must satisfy certain conditions.  The extent of these … Continue reading

UK Government to reform or revoke retained EU law

On 22 September 2022, the UK Government introduced the Retained EU Law (Revocation and Reform) Bill, pursuant to which all EU law introduced into the UK legal system following the UK’s withdrawal from the European Union on 31 January 2020 (Retained EU Law) must be reviewed and either replaced with new domestic legislation or automatically … Continue reading

Part Year workers holiday not pro-rated

The UK Supreme Court has unanimously dismissed the appeal in the case of Harpur Trust v Brazel which considered the holiday entitlement of those workers who are on permanent contracts but only work for part of the year (part year workers). The claimant was a part-time music teacher who worked variable number of hours during … Continue reading

Philosophical and religious beliefs: Balancing the issues

Two recent employment cases regarding “gender critical” beliefs have highlighted the difficulties in this area and whether such beliefs are capable of protection under the Equality Act 2010. Religion or belief is one of the nine protected characteristics covered by the Equality Act 2010.  The Act prohibits direct discrimination, indirect discrimination, harassment and victimisation in … Continue reading

Global Employment Law – Work from Anywhere: Leadership Challenges – Transforming Workplace -#17

This is the 17th paper in our Transforming Workplace series. In our earlier article, we explored why employees’ expectations of their leaders have changed and why organisations need to upgrade leaders’ skills and behaviours.   In this paper we now examine ow organisations can upskill their leaders to meet the specific leadership challenges arising from ‘work … Continue reading

Calling a man “bald” can amount to harassment related to sex

The Employment Tribunal (ET) has found that an employee that was called “a bald ****” by a fellow male colleague was harassed based on his sex. The Claimant presented a number of other claims against the Respondent, including unfair dismissal, wrongful dismissal, victimisation and health and safety detriments; however, this post focuses on the Claimant’s … Continue reading

The High Potential Individual visa is now live

As of 30 May 2022, a new immigration route into the UK is now available via the “High Potential Individual” (HPI) visa. This route is aimed at attracting highly skilled foreign graduates who have obtained an eligible university degree within the last 5 years, with the intention to grow the UK as a leading international … Continue reading

Global Employment Law – Work from Anywhere: The end of the office? – Transforming Workplace – #16

This is the 16th paper in our Transforming Workplace series. In our previous paper, we discussed how to make ‘work from anywhere’ work better.  In this paper we now examine whether the day of the office, as we know it, has ended Work from Anywhere:  The end of the office? – Transforming Workplace – #16 This … Continue reading

Global Employment Law- Work From Anywhere: Make it work better – Transforming Workplace -#15

This is the 15th paper in our Transforming Workplace series. In this paper we examine how ‘work from anywhere’ can be made to work better. Work From Anywhere: Make it work better -Transforming Workplace – #15 This article is part of our Transforming Workplace series.  Other articles exploring the opportunities, challenges and risk of the transforming … Continue reading

UK Pensions: Use of reasonable [en]force[ment] – unnerving for those on the receiving end?

Speaking to banking colleagues recently about what the Pensions Regulator’s stronger powers mean for them reminded me just how much turns on the Regulator’s view of what is reasonable. There has been a great deal of discussion about the wide range of circumstances in which the Regulator could use its various powers (what the Regulator … Continue reading

The Employment proposals in the Queen’s Speech: Absence of the Employment Bill

On 10 May at the State Opening of Parliament, the legislative intention of the Government for the next parliamentary session was set out in the Queen’s Speech.  Despite the speech containing proposals for 38 new laws, the long awaited Employment Bill was omitted. The Employment  Bill, which was first proposed in 2019, was intended to … Continue reading

UK: New guidance for employers on living safely with respiratory infections, including COVID-19.

On April 1st, the UK Health Security Agency (UKHSA) issued guidance for employers on living safely and reducing the spread of respiratory diseases such as COVID-19 to replace the previous ‘Working Safely Guidance’ after the relaxing of COVID-19 measures in the UK. The guidance outlines ways employers can aim to reduce the spread of respiratory … Continue reading
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