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Preparing for new employment laws in 2024: an HR checklist

This year is set to be a busy one for employers and, in particular, HR professionals, with a number of new employment laws and developments coming into force throughout 2024.  This includes new rules on holiday leave and pay and the application of TUPE, changes to flexible working and increased protection from redundancy and sexual … Continue reading

Proposed new paternity leave regulations

On 11 January 2023, the government published draft regulations to make changes to paternity leave legislation which will provide fathers and partners with greater flexibility when taking their paternity leave entitlement.  The Paternity Leave (Amendment) Regulations 2024 are due to come into force on 8 March 2024 and will apply only to children whose expected … Continue reading

Can an employee bring new proceedings relying on the same protected disclosures after signing a COT3 Agreement?

In Ajaz v Homerton University Hospital NHS Foundation Trust, the Employment Appeal Tribunal has held that an employment judge erred in concluding that rule 52 of the Tribunal Rules 2013 prevented the claimant from raising new whistleblowing detriment claims after earlier detriment claims that were based on the same protected disclosures were dismissed following withdrawal … Continue reading

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. Consultations, responses, calls for evidence or reviews were published on: Comment After years of initiatives around the edges of forcing consolidation of pension … Continue reading

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) consultation requirements under … Continue reading

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 usually due … Continue reading

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 takes effect … Continue reading

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 … Continue reading

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 … Continue reading

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 should consider D&I.  This was followed … Continue reading

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 … Continue reading

Claims for holiday pay – Supreme Court holds worker can claim for historic underpayments which are part of a series of deductions

The Supreme Court has given its judgment in the case of Chief Constable of Northern Ireland v Agnew and ors and dismissed the appeal, holding that the workers could claim back for a whole series of unlawful deductions even where there was a gap of more than three months between those deductions. In this case, … Continue reading

Transfer of share incentive plans under TUPE

The Court of Session in Ponticelli UK Ltd v Gallagher recently provided further clarification on what employment benefits transfer when employees transfer from one employer to another under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). When an employee transfers from one employer to another under TUPE the rights and benefits they enjoy … Continue reading

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
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