Topic: UK

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The UK Government’s Good Work Plan

(Note: Since drafting this post, the Government has published the consultation documents so a further update will follow.)   The UK Government has today (7 February) announced its Good Work Plan (the Plan) in response to the Taylor review of Modern Working Practices published last year which set out a number of recommendations, in particular … Continue reading

AI and the future of work – UK Prime Minister puts Modern Industrial Strategy at the centre of the Government’s agenda

In her speech at the World Economic Forum in Davos last week, Theresa May focused on the UK Government’s plan to develop a Modern Industrial Strategy to best harness the huge potential of the technological advances in Artificial Intelligence (AI) whilst addressing the profound concerns about any negative consequences. Modern Industrial Strategy  The Prime Minister … Continue reading

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

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

Modern Workplaces – Wide ranging recommendations in the Taylor Report

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

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
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