Archives

Possible impact of Brexit on UK employment law – some informed guesses

So if in some parallel universe you had somehow acquired the ability to strike red lines through EU-derived employment legislation, where would you put them? That is a question I put well before the Brexit Referendum to countless HR audiences, the very people one might think would be straining at the leash to make changes … Continue Reading

UK Business Immigration – changes to Guidance on UK start dates for sponsored workers

The Home Office has updated its ‘Workers and Temporary Workers: guidance for sponsors’. The changes affect UK employers with sponsor licences and provide clarification on how to amend a sponsored worker’s start date in the UK after their visa has been granted. Sponsors should take note of the changes in order to comply with their … Continue Reading

New redundancy criteria decision not all that it seems (UK)

So, quick, answer me this – when making redundancies outside the collective consultation rules, do you need to consult with the affected employees about the selection criteria relied upon or only as to the proposed impact of those criteria on that person? Traditional wisdom would point to the latter. The selection criteria are a matter … Continue Reading

A step into the unknown – waiving future claims by settlement agreements (UK)

You would think that in the twenty-plus years since they were first introduced as an alternative to the Acas COT3, all that could be said about the law relating to settlement agreements would have been said.  However, along now comes the Scottish Employment Appeal Tribunal in Bathgate –v- Technip UK Limited and Others with a … Continue Reading

Right to Work Checks for UK Employers from 1 October 2022 – be prepared for changes but beware misleading information

UK employers are generally aware of the need to carry out prescribed checks to ensure their employees have the right to work, and the consequences of illegal employment (civil penalty of £20,000, risk to sponsor licence or, in extreme cases, criminal prosecution).  But the way in which the Home Office says these checks must be … Continue Reading

In the market for worker status advice? – new Guidance fails to deliver (UK)

The thing about one-stop shops is that if they do not stock what you want, they become next best thing to useless.  Anyway, welcome to the government’s new Guidance on Employment Status, expressly billed in the accompanying press release as meeting all your worker status needs in one handy document. … Continue Reading

A brief and not excessively taxing guide to quiet-quitting (UK)

If you are in the habit of taking your life-advice from Tik Tok, you will have seen encouragement recently to join the “quiet-quitters”. These are the Gen Z workers who make a conscious decision to do the bare minimum at work, those who have “left the building” mentally (and if hybrid working, also physically) but … Continue Reading

Crikey, it’s the rozzers – police involvement in your workplace investigation (UK)

Oops.  Just found an unanswered question left over from our investigations webinar and blog series earlier in the year.  Apologies if it was yours.  The question revolves around employer and investigator interactions with the Police where the subject matter of your workplace investigation is potentially criminal conduct, and is maybe best answered as a series … Continue Reading

Keeping it real – the quest for reason in whistleblowing cases (UK)

In earlier posts on this blog you will find a handful of cases which consider the distinction between the fact of a protected whistle-blowing disclosure and the manner of it.  Accepted wisdom, thanks in part to the unimprovable words of then Mr Justice Underhill in Martin -v-Devonshires Solicitors here is that an employer can in … Continue Reading

Belgium’s new measures on employee illness – headaches for employers?

If I were to rank the employment law questions I receive by popularity, questions around long-term absence, absenteeism and generally how to deal with work incapacity would be right up there, a definite podium finish. The tension between the legitimate frustrations of employers and the no-fault nature of the employees’ absence seems eternal. To give … Continue Reading

MPs use Private Members’ Bills to advance government’s employment agenda (UK)    

Parliament’s Private Members’ Bills ballot gives backbench MPs the opportunity to propose new legislation or changes to existing laws on a topic of their choice. We wouldn’t normally report on Private Members’ Bills as very few of them ever become actual law and some are downright silly – if you can still find it, take … Continue Reading

UK government publishes its response to workplace menopause consultation – but is it right?

It certainly wasn’t the main talking point in Westminster in the middle of the country’s own meteorological hot flush earlier this month but on 19 July the government published its Response to Menopause and the workplace: how to enable fulfilling working lives, an independent report commissioned by the then Minister for Employment and published in … Continue Reading

UK Government allows agency staff to cover for striking workers

Despite what seems to be almost universal opposition to its proposals, the government has changed the law to allow employment businesses to supply temporary workers to cover for striking workers. Regulation 7 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 prohibits employment businesses from supplying temporary workers to cover (i) the duties … Continue Reading

Looking into workplace investigations, Part 14 – closing submissions

Since most workplace investigations involve something contested, most investigation reports will disappoint one party or the other.  Indeed, since very few workplace disputes are exclusively the responsibility of one party alone, it is entirely possible if you put your mind to it that at one level or another your report will be a disappointment to … Continue Reading

EAT reinforces protection of employee beliefs in Biblical pronouns row (UK)

As a break from workplace investigations and before Covid’s threatened resurgence as an issue for employers, how about this new slice of “gay cake” case law around what should and should not happen when your religious beliefs clash with the requirements of your job? In Mackereth –v- DWP & Another this week, the claimant was … Continue Reading

Implementation of the EU Whistleblowing Directive in Germany: latest position

As per our previous blog post, very few members of the European Union managed to implement the provisions of the Whistleblowing Directive into their national legislation before the 17 December 2021 deadline for compliance. Germany is one of the countries that failed to meet the deadline, but as in a number of other EU countries, … Continue Reading

Letters from America – risks of discrimination in AI-backed recruitment processes (UK)

So following our recent post on proposed new regulations it’s not just the EU which is looking askance at the potential risks of artificial intelligence in recruitment.  From across the pond comes news that the US Department of Justice has warned employers to take steps to ensure that the use of AI in recruitment does … Continue Reading

Proposed new EU regulatory regime for Artificial Intelligence – more relevant to HR than you might think (UK)

For the last year or so the EU Commission has been working on the world’s first serious attempt to create a regulatory framework around the use of AI, the Artificial Intelligence Act.  The Proposal itself runs to over 100 pages of dense type and no pictures, so is a fairly off-putting read at first look.  … Continue Reading

New FCA Policy Statement on Diversity and Inclusion on boards and executive management (UK)

At the end of last year the Financial Conduct Authority consulted on increasing diversity and inclusion on company boards and executive management in the financial services sector, and on the back of the responses received, has yesterday published its “Policy Statement” which sets out the changes it intends. By way of quick summary (more detail … Continue Reading
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