UK Pensions: Pension scams and amber flags: is the future orange?

In recent years, many defined benefit (DB) pension scheme members have taken advantage of the ability to transfer their DB pension pots out of their schemes, to be able to access their money in different and more flexible ways. In practice, this often means a transfer to a self-invested personal pension (SIPP). However, the industry … Continue reading

Speculation in Human Rights Claims – A Recent Decision

One of the challenging circumstances often facing an employer is having to make a tough decision (e.g. termination) with respect to an employee who is known to have a protected characteristic under human rights law. Whether the employee is elderly, has a disability, is gay, or has another protected characteristic, the concern is that the … Continue reading

UK Pensions: SIPs for small schemes: law-making through the back door?

Last week’s interim consultation response from the Pensions Regulator addressed a common concern about the “Funding and Investment” section of the draft single Code of Practice: it confirmed that it would drop its proposal for a 20% cap on unregulated investments. This is a point that we are aware had been troubling some larger pension … Continue reading

COVID-19 Safety Plans vs. Communicable Disease Plans: Have you Caught the Differences?

On July 1, 2021, British Columbia enthusiastically took the next step in its four-step COVID-19 Restart Plan. The transition to Step 3 brought several changes, including the transition for employers to move away from the previously required COVID-19 Safety Plan to the now required Communicable Disease Plan (“CDP”). WorkSafeBC has published detailed guidance for employers … Continue reading

New Immigration Routes in New Innovation Strategy

On 22 July, the UK Government published a UK Innovation Strategy which sets out the government’s vision to make the UK a global hub for innovation by 2035.  As part of this strategy, the UK intends to make the UK the most exciting place for innovation and talent.  This means introducing new visa routes and … Continue reading

New infringement notices for offences against Victorian Occupational Health and Safety laws

WorkSafe inspectors will now be able to issue infringement notices to companies and individuals for certain occupational health and safety offences. The Occupational Health and Safety Amendment (Infringements and Miscellaneous Matters) Regulations 2021 (Vic) which amends the Occupational Health and Safety Regulations 2017 (Vic) (2017 Regulations) commenced on 31 July 2021 in Victoria. Section 139(1) … Continue reading

High Court clarifies definition of casual employee

The High Court has upheld the employer’s appeal in the Rossato casual employment test case, and in the process has clarified the definition of casual employment (Workpac Pty Ltd v Rossato [2021] HCA 23). However, the practical significance of this decision has been limited by recent legislative amendments. The High Court held that a casual … Continue reading

Retrait préventif : la COVID-19 ne constitue pas un contaminant au sens de la LSST

Dans une affaire récente – Piché et Entreprises Y. Bouchard & Fils inc. – le Tribunal administratif du Travail (Tribunal) a rejeté la demande de retrait préventif d’un travailleur en vertu de l’article 32 de la Loi sur la santé et la sécurité du travail (LSST) car il considère que la COVID-19 ne constitue pas … Continue reading

Government introduces legislative changes following the Respect@Work report

On 24 June 2021, the Federal Government introduced the Sex Discrimination and Fair Work (Respect at Work) Amendments Bill 2021 (Cth) (Bill) into the Senate.  The Bill amends both the Sex Discrimination Act 1984 (Cth) (SDA) and the Fair Work Act 2009 (Cth) (FWA) in response to the Respect@Work report (the Report) and implements many … Continue reading

AHRC Report: ASX200 companies and sexual harassment

On 17 June 2021, the Australian Human Rights Commission (AHRC) released the “Equality across the board: Investing in workplaces that work for everyone (2021)” report (AHRC Report).  The report collates survey and interview data from 118 ASX200 listed companies to portray how these companies are currently combatting the issue of sexual harassment and makes recommendations … Continue reading
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