Last week the Government announced a consultation on proposed changes to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) to ensure that firms can be confident of their obligations during the process and take advantage of the new regulatory freedom since our departure from the European Union. The consultation is open
Francesca Ingham
Consultation on (re)introducing fees in the Employment Tribunal and EAT
This week, the Ministry of Justice announced that it is commencing a consultation on the introduction of a fee of £55 which will be payable on presenting a claim to the Employment Tribunal or when lodging an appeal with the EAT (please click here for further information). It is proposed that the same fee will…
Reductions in the periods of time ex-offenders are required to declare convictions
New legislation came into effect at the end of October 2023 which has reduced the period of time during which criminal convictions are legally required to be declared to employers. Under the previous legislation it was necessary for some offenders to disclose their convictions for the rest of their lives, which was seen as a…
Fear of catching COVID-19 is not a protected belief under discrimination law
The Employment Tribunal has recently held that a claimant’s belief in a fear of catching COVID-19 and a need to protect herself and others does not amount to a philosophical belief under the Equality Act 2010.
The Claimant argued that her decision not to return to the workplace in July 2020 was because she had…
Collective redundancies: triggering the duty to consult
In the recent case of UQ v Marclean Technologies S.L.U., the European Court of Justice (“ECJ”) considered the reference period that should be used to determine whether the threshold has been reached to trigger the obligations for collective consultation under the EU Collective Redundancies Directive (the “Directive”), which is implemented in…
€35 million fine issued under GDPR for employee monitoring and IT security failings in Germany
During the COVID-19 pandemic, data privacy – and, in particular, employee data privacy – has been at the forefront of employers’ minds. In the last six months, employers across the globe have been required to give careful thought to a whole host of potential issues, from contact tracing apps to temperature and other health checks…
Redundancy payments while on furlough
New legislation came into force on 31 July 2020 to ensure that employees who are on furlough will be entitled to receive their statutory redundancy payments based on their normal wages, rather than on any reduced salary while on furlough. However, there has been no change to the cap on a week’s pay for the…
Gender Pay Gap Reporting to be Voluntary in 2020
On 24 March 2020, the Government Equalities Office and the Equality and Human Rights Commission announced the decision to suspend the enforcement of the gender pay gap regulations for the 2019/2020 reporting year in light of the COVID-19 outbreak. This means that there is no requirement for companies to publish their gender pay data by…
Latest update: IR35 and the private sector
The Government confirmed last night that the introduction of the IR35/off payroll reforms to the private sector will be delayed until April 2021. This is part of a broad package of measures that the Treasury has announced to protect the economy in light of the Covid-19 outbreak in the United Kingdom. The Government has confirmed…
Latest update: IR35 and the private sector
As discussed in our previous posts in April 2019 and January 2020, the government intends to apply the IR35/off payroll reforms to the private sector in April 2020. By way of reminder, the IR35 reforms are intended to apply to any individual who, but for the supply of their services through an intermediary, would otherwise…