Archives: Guidance

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Putting your money where your mouth is – are injured feelings index-linked?

Through a long and not very relevant series of arguments, the Court of Appeal in De Souza – v – Vinci Construction (UK) Limited has just decided that in effect they are. This is not a surprising conclusion, since otherwise inflation would erode the value of such awards as either proper compensation for the employee … Continue Reading

Technological advances in the workplace – enabling communication or undermining it?

Many thanks to summer vacation student Hannah Meahan for this great review of the potential human cost of new technology in the workplace. Technology has permeated our everyday lives and workplaces. HR professionals will be aware of the numerous benefits of technology in the workplace – it often ensures that processes are more efficient, increases … Continue Reading

New Acas guidance on holiday pay and accrual during sickness

The Acas National Newsletter for June, out earlier this week, contains some slightly updated advice on the eternal question of how you calculate holiday pay, plus an existential poser on the relationship between sickness and holiday accrual. On the holiday pay front, there remains no steer as to how commission or overtime earnings should be … Continue Reading

A year late but worth the wait? – Tribunal fee impact reviewed

After the gestation period of an elephant, the Government Review of the impact of the fees for Employment Tribunal cases finally emerged squalling into the daylight earlier this month. Weighing in at a healthy 100 pages and with a foreword by proud father Justice Minister Sir Oliver Heald, the Review takes a detailed look at … Continue Reading

Do you want the good news or the bad news? Welcome back to Judges’ opinions

Long-time Employment Tribunal practitioners will recall more or less fondly the days when every so often the Judge would suddenly send the parties out of the room mid-hearing and then lean towards one of the representatives and say incredulously “Come on, really?”. When it was said to the other side, that was absolutely the Overriding … Continue Reading

Gap analysis – the JFK approach

It would be wrong (in fact, outright churlish) to end the year without another poke at the new draft Gender Pay Gap Regulations, or rather the Government Equalities Office’s Response to the public consultation on them. This is broadly a rehearsal of the different views expressed during that consultation process, mostly concerning the mechanics of … Continue Reading

Recent redundancy exercises – learning points for HR, part 6

Protecting your enhanced severance scheme Some employers pay only the statutory minimum entitlement on a redundancy dismissal, but others recognise that redundancy is a no-fault reason for termination and try to do something to sweeten an otherwise bitter pill.  Maybe this is no more than paying in lieu of notice without deduction of tax (for … Continue Reading

Employee feedback and engagement – new methods, old rules

In Jo Faragher’s article for the CIPD’s People Management magazine September 2016 “Employee councils and social media are opening up new routes for staff to get their voices heard. But is anyone listening?” she raises a number of interesting questions about the methods and effectiveness of employee feedback The article suggests that the combination of … Continue Reading

Not all fun and games – new guidance on reporting executive remuneration

Some legal blogs stretch their analogies too far. This one doesn’t.  Whether or not you actually care about who won the synchronised swimming, what happens to unsuccessful North Koreans or why you would invent a mugging while trashing a toilet, do take a look at this clever piece on executive remuneration as an Olympic sport.  … Continue Reading

New TUC report on sexual harassment in the workplace lacks vital statistics

It is sadly impossible to write anything critical about a report on sexual harassment in the workplace without coming over like some frightful old golf club misogynist. To be clear, therefore, none of what follows seeks to belittle the distress of those genuinely harassed at work, but balance nonetheless dictates a counter-point to the TUC’s … Continue Reading

Desperately seeking substance – BIS Call for Evidence on restrictive covenants

“We want to ensure that when used, covenants are justified, well-constructed, targeted and reasonable. There needs to be a balance which ensures the employer can protect its business interests when staff move on and the worker is not unfairly disadvantaged when they (SIC) decide to leave or start up their own business“. So says the … Continue Reading

UK Business Immigration Update – Changes to Tier 2 of the Points Based System

Following the Migration Advisory Committee’s January recommendations regarding the Government’s proposals to restrict Tier 2 of the Points Based System, the Home Office has now announced the changes that will be implemented across Tier 2. Compared to the initial radical proposals put forward by the Government to restrict Tier 2 last summer, the Home Office’s … Continue Reading

Startling statistics published on maternity-related discrimination in the UK – but don’t believe everything you read

I have never been pregnant, nor do I anticipate any change in that position. The comments which follow concerning last week’s report from the Equality and Human Rights Commission on pregnancy and maternity-related discrimination must please be seen in that light.  However, I hope I have at least retained the ability to distinguish between fact … Continue Reading

Employees may want to take political action against an employer for even suggesting contribution to the PAC committee this year!

With the emotionally charged nature of the current election cycle where so much is at stake for both Democratic and Republican candidates, it’s a good time to review what Political Action Committees (“PAC”) are and what employers can and can’t ask of their employees in terms of participating in PACs. So what are PACs? PACs … Continue Reading

High Court Holds ERISA Preempts State Law Regulating Plan Reporting Requirements

On March 1, 2016, the United States Supreme Court ruled on the scope of ERISA preemption as it relates to reporting requirements. In Gobeille v. Liberty Mutual Insurance Co. [pdf], the High Court held that ERISA preempts a Vermont statute regulating plan reporting requirements. The Vermont law addressed in Gobeille required disclosure of payments related … Continue Reading

Executive Action: Obama’s Legacy and 2016 Predictions (Part 2 of 2)

As promised in our previous post, today we conclude our predictions on President Obama’s 2016 executive activity.  While we believe the President’s final executive orders will target immigration and perhaps even corporate political expenditures, we predict executive agency action will cover a broad range of pressing labor and employment issues.  With federal legislative gridlock expected … Continue Reading

Executive Action: Obama’s Legacy and 2016 Predictions (Part 1 of 2)

Federal legislation in 2015 was plagued by the same congressional gridlock that President Obama has faced throughout most of his presidency. The President has therefore turned to executive action to achieve many of his goals over the past seven years and we expect this trend to continue with gusto in 2016.  Below is a summary … Continue Reading
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