Topic: UK

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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

Gender Pay Gap Reporting Regulations

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

Employee, worker or self-employed?

In UK employment law a person’s employment status determines both their rights and responsibilities. An individual can be an employee, a worker or self-employed.  Whilst traditionally individuals were employees or self-employed there has been a significant rise in “worker” status.  The recent reported case of Aslam and others v Uber BV considered whether drivers had … Continue reading

Brexit : employment law – parliamentary briefing paper

On 10 November 2016,  the UK Parliament published a Briefing Paper setting out the Government’s position in relation to employment rights of workers following the UK’s exit from the EU.  Whilst the Government may believe that the Briefing Paper clearly sets out its position, on closer analysis it seems to raise more questions than it … Continue reading

What rights and protections are there for part-time workers in the UK?

In the UK, before June 2000 there was no express protection for part-time workers against less favourable treatment when compared with those who work full time. Their only options for legal redress were by way of an equal pay or sex discrimination claim. In 2000 the Part-time Workers (Prevention of Less Favourable Treatment) Regulations (the … Continue reading

Regulatory References – Employer’s obligations

On 28 September 2016 the Financial Conduct Authority (FCA) published final rules on regulatory references. The purpose of the rules is to support the FCA objectives of “consumer protection and market integrity by providing firms with effective tools to better assess individuals fitness and propriety and ensure individuals take greater responsibility for their own conduct.” … Continue reading

Termination payments – proposed changes to tax and national insurance.

The UK Government has published its response to a consultation on the taxation of termination payments. In 2015, the Government issued a consultation paper containing various different proposals for simplifying the regime. The paper published on 10 August is the Government response and also includes draft legislation for further consultation. Currently under UK legislation payments … Continue reading

“Brexit” – Employment Law Implications

On 23 June 2016, voters in the UK referendum chose to leave the European Union. Exit from the EU will require the government to make a formal application under Article 50 of the Treaty on European Union.  This provides for a period of negotiation of up to two years (which can be extended if agreed).  … Continue reading

New whistleblowing rules for regulated entities in the UK

In October 2015 the UK regulators, the Prudential Regulation Authority (PRA) and the Financial Conduct Authority (FCA), released new whistleblowing rules for certain regulated entities in the UK (the New Rules). The New Rules impose obligations on these entities in addition to the requirements of existing whistleblowing legislation found in the Public Interest Disclosure Act … Continue reading

What measures are in place (or proposed) in the UK to address gender pay inequality in the workplace?

This post was contributed by Daniel Jacobs, Trainee Solicitor, Norton Rose Fulbright LLP, London   Gender Pay Gap Reporting What is the gender pay gap? Despite a longstanding prohibition on gender discrimination, on average, woman still earn less than men in the UK. According to the Office for National Statistics, in 2015, the gap between … Continue reading

Vicarious liability in the UK – who am I responsible for?

Back in the day, the concept of vicarious liability (that is the situation in which one party is held liable for the acts or omissions of another) was largely confined to the employer/employee relationship. However, as working relationships have become more complex and diverse, and fewer people are entering into classic employer/employee relationships, vicarious liability … Continue reading

Vicarious Liability – When does it arise?

Two recent decisions of the UK Supreme Court have considered the doctrine of vicarious liability and effectively extended it to a wider range of circumstances. In the UK an employer can be held liable for the tortious acts committed by an employee in the course of their employment.   Courts will consider whether there is a … Continue reading
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