Archives: Employment (UK)

Subscribe to Employment (UK) RSS Feed

The ‘Gig’ Economy Under the Spotlight

New research published by the CIPD suggests that around 1.3 million people are engaged in the UK ‘gig’ economy – the term used to describe flexible, short-term working arrangements, typically managed through digital platforms. The ‘gig’ sector has attracted a great deal of press attention in recent months as a string of high profile cases … Continue Reading

SMCR Conduct Rules go live!

Reed Smith will be hosting a breakfast seminar on the SMCR 28 March 2017. Visit reedsmith.com for more information. On 7 March 2017, the Conduct Rules in FCA Handbook and PRA Rulebook were extended to cover thousands more employees at UK Banks And Building Societies (including UK branches of overseas banks). As part of the … Continue Reading

Gender Pay Gap Reporting – Do we need more?

Today is International Women’s Day. What originally started life in 1909 as a single protest organised by the Socialist Party of America in New York, is now a global event with the backing of the United Nations and some of the world’s largest corporations. The theme of this year’s campaign is #BeBoldForChange. The UK Government’s … Continue Reading

What does the future hold for Employment Tribunal reform?

The Ministry of Justice has recently published its review of the introduction of Employment Tribunal (‘ET’) fees. The fees were first introduced 2013 and many groups have raised concerns that they are a potentially serious barrier to bringing claims in the ET, particularly for less well off workers and those who have just lost their … Continue Reading

Modern Slavery Business Reporting: Beyond Compliance

A year after the introduction of the business reporting obligation in the Modern Slavery Act 2015 we take a look at the approach taken to statements to date and possible future developments in this area. Introduction Modern slavery and human trafficking are two of the biggest human rights challenges of our time. The Modern Slavery … Continue Reading

CVs: the whole truth?

At the start of July, in just one of the ever stranger twists and turns taken by the UK’s main political parties this summer, Andrea Leadsom was caught in a storm of questions about the true nature of her 25-year track record in the City of London. The pressure eventually led her campaign team to … Continue Reading

Changes to tax treatment of termination payments

The UK Government has announced changes to the tax treatment of termination payments following the conclusion of its recent consultation. Draft legislation has now been published which will come into force in April 2018. The main changes are as follows: All payments in lieu of notice (“PILONs”) will be fully taxable regardless of whether there … Continue Reading

Protecting Whistleblowers in the UK – Is the Law Sufficient?

With instances of whistleblowing hitting the press on an ever-increasing basis, does UK law do enough to protect employees who blow the whistle on their employer’s wrongdoing? According to a new report published by the international NGO, Blueprint for Free Speech, and the Thomson Reuters Foundation (the “Report”), the answer to this question is a … Continue Reading

EAT Decision Sheds New Light on Scope of ACAS Code on Ill Health Dismissals

In the recent case of Holmes v Qinetiq Ltd, the Employment Appeal Tribunal (“EAT”) considered for the first time whether the power to increase or decrease an award of compensation for a failure to comply with the ACAS Code of Practice extends to dismissals on the grounds of ill health. The EAT concluded that the … Continue Reading

Do employers have the right to read employees’ private emails?

A recent European Court of Human Rights (ECHR) case (Barbulescu -v- Romania) has attracted much publicity in the UK press as giving employers the green light to read employees’ private emails. Is that correct and does this case really change things? Background Mr Barbulescu was employed as an engineer in charge of sales. His employer … Continue Reading

New Rights for Zero-Hours Workers

A quick reminder that new rules in place as of 11 January 2016 give greater protection to zero-hours workers, protecting them from dismissal and suffering from a detriment if they seek to work for another employer while engaged under a zero-hours contract. Background A great deal of debate took place at the time of the … Continue Reading

New rules on whistleblowing for UK financial institutions

The FCA and PRA have announced a new package of rules aimed at formalising whistleblowing procedures within certain financial institutions. The rules will be implemented on 7 September 2016; however firms covered by the new regime must comply with the requirement to appoint a ‘whistleblowers’ champion’ by the earlier date of 7 March 2016. Background … Continue Reading

Guidance on the Recruitment and Retention of Transgender Staff in the UK

The UK Government has published new guidance for employers regarding the recruitment and retention of transgender staff. Its stated aim is to make sure employers are equipped to create an inclusive culture for all of their staff and act as a practical guide for managers. The guidance emphasises that there is a strong business case … Continue Reading

Government publishes guidance on the reporting obligation in the Modern Slavery Act

Section 54 of the Modern Slavery Act (MSA) requires certain businesses to publish an annual statement explaining what steps they are taking to ensure there is no modern slavery within their own business and their supply chains. During consultation on this measure, businesses repeatedly called for effective and practical guidance on what a modern slavery … Continue Reading

Government announces requirement for large employers to publish details of bonuses awarded to employees

This week, the Government announced a further measure aimed at eliminating gender pay inequality, requiring larger businesses with more than 250 employees to publish information regarding the bonuses awarded to their male and female employees. This announcement is part of the Government’s existing strategy aimed at eliminating pay inequalities between men and women. This strategy … Continue Reading

HR Influence in Disciplinary Proceedings Can Render Dismissals Unfair

In Ramphal v Department for Transport (EAT – 2015), the EAT has provided guidance on the appropriate level of HR involvement in disciplinary proceedings. The case concerns an employee who was dismissed for gross misconduct relating to his expenses and use of hire cars. It was clear from evidence given at the employment tribunal that … Continue Reading

Employment Appeal Tribunal confirms temporary agency workers’ right to information about permanent vacancies is limited

In Coles –v– Ministry of Defence, the Employment Appeal Tribunal (“EAT”) has confirmed that agency workers’ rights to be provided with information about permanent vacancies within the organisation in which they work is just that; there is no right to be considered for the vacancy, whether on equal terms with permanent staff or otherwise. The … Continue Reading

Indirect discrimination claim may be brought where Claimant does not have protected characteristic

In the case of CHEZ Razpredelenie Bulgaria, the European Court of Justice (“ECJ”) has extended the concept of indirect discrimination to cover those who do not have a protected characteristic, but who are associated with such people. In this case, a Bulgarian shop owner was protected from indirect discrimination affecting members of the Roma community, … Continue Reading

Just how wide is the band of reasonable responses for misconduct dismissals?

In Newbound v Thames Water Utilities Ltd, the Court of Appeal has restored an Employment Tribunal’s decision that the Claimant was unfairly dismissed for a breach of his employer’s health and safety procedures. The case is a reminder that, although an employer’s decision to dismiss must only be within a band of reasonable responses to … Continue Reading
LexBlog