Topic: UK

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

By Claire Darbourne on November 29, 2017 Posted in Europe, UK

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.

By Amanda Sanders on November 23, 2017 Posted in UK

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

By Amanda Sanders on November 14, 2017 Posted in UK

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

What rights does an employer have to suspend an employee in the UK?

By Claire Darbourne on November 8, 2017 Posted in Europe, UK

What rights does an employer have to suspend an employee in the UK? During an investigation into an allegation of misconduct against an employee, an employer may wish to suspend the employee from work if there is, for example, a potential threat to the business or other employees or individuals, or where it is not … Continue reading

Employment Tribunal Fees – Refund Scheme

By Amanda Sanders on October 20, 2017 Posted in Europe, UK

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

By Amanda Sanders on October 3, 2017 Posted in UK, Whistleblowing

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

By Amanda Sanders on September 29, 2017 Posted in Contracts, UK

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

Corporate Governance Reform – Pay ratios and Employee Representation

By Amanda Sanders on August 31, 2017 Posted in Europe, UK

The UK Government has published proposals for corporate governance reforms to enhance the public’s trust in business. In particular, the reforms consider the publication of pay ratios between bosses and workers and new measures to ensure that the employee’s voice is heard in the boardroom. The first section of the report looks at the plans … Continue reading

Holiday pay – Regular voluntary overtime should be included

By Amanda Sanders on August 18, 2017 Posted in Europe, UK

A recent decision of the Employment Appeal Tribunal has held that employees who regularly work voluntary overtime beyond their contracted hours may now have those payments taken into account in calculating holiday pay. Article 7 of the Working Time Directive (2003/88/EC) (WTD) provides that workers have the right to at least four weeks’ paid annual … Continue reading

UK Employment Tribunal Fees Unlawful

By Amanda Sanders on July 27, 2017 Posted in Discrimination and harassment, Europe, UK

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

What impact will Brexit have on UK employment law?

By Claire Darbourne on July 17, 2017 Posted in Europe, UK

As reported on the blog last year, the result of the EU referendum in the UK on 23 June 2016 was that the UK should leave the EU. Since then, formal notice of withdrawal was served on 29 March 2017 which means that the UK’s exit from the EU will take place once agreement is … Continue reading

Whistleblowing – what amounts to the public interest?

By Amanda Sanders on July 14, 2017 Posted in Europe, UK, Whistleblowing

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

Modern Workplaces – Wide ranging recommendations in the Taylor Report

By Amanda Sanders on July 14, 2017 Posted in Contracts, Europe, UK

The long awaited Taylor Review of Modern Working Practices was published on 11 July. The recommendations from the review throw some interesting questions into the mix. The general theme is the need for an adaptable, consistent and protected community in which employment and security of workers can prosper. It will be interesting to see how … Continue reading

ICO updates its subject access Code of Practice

By Amanda Sanders on July 13, 2017 Posted in Data privacy and GDPR, Europe, UK

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

Theresa May sets out her offer for the rights of EU citizens after Brexit

By Claire Darbourne on June 28, 2017 Posted in Europe, UK

Until the UK withdraws from the EU, EU law will continue to apply in the UK and so the rights of EU citizens and their family members to live and work in the UK remain unchanged. However, after Brexit, free movement rights will come to an end. On 26 June 2017 Theresa May briefed MPs … Continue reading

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

By Claire Darbourne on May 24, 2017 Posted in Discrimination and harassment, Europe, UK

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

By Amanda Sanders on May 11, 2017 Posted in Discrimination and harassment, Europe, UK

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

Indirect Discrimination in the UK – What must a Claimant Prove?

By Amanda Sanders on April 13, 2017 Posted in Discrimination and harassment, Europe, UK

The Supreme Court in the UK has given its decision in the conjoined cases of Essop v Home Office (UK Border Agency) and Naeem v Secretary of State for Justice, concerning indirect discrimination. It has held that it is not necessary for a claimant in an indirect discrimination claim to prove the reason why they … Continue reading

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

By Claire Darbourne on March 21, 2017 Posted in Europe, UK

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

By Amanda Sanders on March 7, 2017 Posted in UK

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

What employment law changes are expected in the UK in 2017?

By Claire Darbourne on January 24, 2017 Posted in Europe, UK

A number of developments in UK employment law are expected this year. This post takes a look at some of the key changes. Mandatory gender pay gap reporting In the UK, on average, women earn less than men. In order to address this issue, and following a lengthy consultation, draft regulations have been published which, … Continue reading

Gender Pay Gap Reporting Regulations

By Amanda Sanders on December 8, 2016 Posted in Europe, UK

The Government has published the revised draft of the Gender Pay Gap Information Regulations which are due to come into force in April 2017. Whilst the revised regulations do clarify some of the issues raised in the previous draft in February there are still some points on which further guidance is needed. Which employees are … Continue reading