It’s not generally too difficult to know when you’ve been dismissed. Your P45 arrives, colleagues avoid eye contact and your entry pass stops working. But sometimes it’s not so clear and where your statutory or contractual rights may hang upon it, you cannot afford not to be sure. In Meaker – v – Cyxtera Technology … Continue Reading
Last April, the Federal Ministry of Justice in Germany published a draft bill – the Whistleblower Protection Act (Hinweisgeberschutzgesetz/HinSchG) – to implement its obligations under the EU Whistleblowing Directive. The legislation should have come into force by last Autumn, but there have been various delays and it now looks more likely to be Summer this … Continue Reading
The Home Office has published its latest Statement of Changes to the Immigration Rules, most of which will take effect from 12 April this year. The key changes of interest to employers are likely to be these:… Continue Reading
In the first part of our mini blog series we discussed the training plan you are required to introduce for your employees in Belgium before 31 March. In this second blog, we will zoom in on the biking allowance which was introduced recently. Although we are not quite at the level of the Dutch (the … Continue Reading
As it turns out, lots. Too much for one blog, in fact, so welcome to a short miniseries on the new developments of most relevance to you as employer. In recent months, the Belgian legislature has clearly come out of its post pandemic slump and a number of new measures have been introduced, some of … Continue Reading
Here are a couple more of the questions – and our answers, following our recent webinar on Managing Long-term Sickness Absence. Today we address the following:… Continue Reading
Last week the government voiced its support for the new Workers (Predictable Terms and Conditions) Bill, the endeavour of MP Scott Benton to combat “one-sided flexibility”, where “workers are on stand-by for work which never comes”, it says in the BEIS press release. This is a belated by-product of the Taylor Good Work Report in … Continue Reading
During our recent webinar on Managing Long-term Sickness Absence, we received a number of questions via the chat facility. Our second batch of answers addresses the following questions:… Continue Reading
Back in November 20201 we reported here on some new Acas guidance on changing terms of employment through dismissal and re-engagement, and in November last year on the Government’s intention to issue a new statutory Code on that practice here. A first draft of that Code has now landed and we can exclusively report that … Continue Reading
The Czech Ministry of Labour and Social Affairs has proposed two draft Bills that will introduce major changes to Czech employment law this year. Although the legislation is currently still in draft form, we recommend that employers start preparing for the changes ahead now, as the new rules will come into force shortly after the … Continue Reading
During our recent webinar on Managing Long-term Sickness Absence, we received a number of questions via the chat facility that we will address in a short series of blogs over the next few weeks. Stay tuned for more to come. The first questions we address are:… Continue Reading
Roughly a year late, but here we are then: Belgium has finally transposed the Whistleblowers Directive into national law. The Act of 28 November 2022 on the protection of reporters of breaches of Union or national law discovered within a legal entity in the private sector sets out the rules for companies in the private … Continue Reading
As the next in our occasional series of posts about The Law, here is a new Employment Appeal Tribunal decision so morally unjust that even the Judge himself didn’t want to make it. Mrs Bacon was married to the majority shareholder of their joint employer, Advanced Fire Solutions Limited. She was also employee, director and … Continue Reading
Christmas being a season of peace on Earth and goodwill to all men, so they say despite all the evidence, here is a quick festive look at just how confrontational things have to become in order to constitute a dispute at law. The question is a surprisingly important one, since on the existence of a … Continue Reading
On Monday this week the Government issued its response to its 2021 consultation on the flexible working regime. We wrote about some of the original proposals here. Some didn’t make the cut, so we are left with five key points for employers.… Continue Reading
There is a long-established legal principle that you can only imply an employment relationship in the face of a contract saying something different if it is necessary to do so, i.e. if the found facts of the relationship are not consistent with any other explanation, in particular, worker status or genuine self-employment. Until the Court … Continue Reading
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
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
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
Over the last few weeks you may have been bombarded with fliers and alerts on the many recent changes to Belgian employment laws. A lot of changes indeed, but what do they mean for you, and what do you need to do? In this post, we have cut away all the details to come to … Continue Reading
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
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
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
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
