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Justin Terry
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The European Court of Justice (“ ECJ ”) has held that a worker who had been misclassified as a self-employed contractor and discouraged from taking holiday because it was unpaid, was entitled to claim unpaid holiday for the duration of his...
Anna Byford
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The employment implications of this year’s Autumn budget are fairly light, however the government made it clear that it intends to enter into consultation next year which has the potential to impact the private sector’s approach to engaging...
Kathryn Dooks
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The government has announced that it is doubling the number of Tier 1 (Exceptional Talent) visas available to leading figures in technology, science, the arts and the creative industries, in response to Brexit.  This has been announced in a package of...
Kathryn Dooks
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On 7 November the government set out further details of how the new settled status scheme for EU citizens will operate after Brexit. The government recognises that the current system for processing registration certificates and residence cards is not fit...
Kathryn Dooks
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The Employment Appeal Tribunal has decided against Uber in the latest “gig economy”/worker status claim. The EAT decided to uphold a previous ruling by the Tribunal that Uber’s taxi drivers should be treated as workers rather than...
James Champness
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The charity Maternity Action has released a report highlighting the challenges faced by pregnant women, those on maternity leave, and those returning to work after a period of family leave.  The report was based upon research conducted by the Equality...
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This week's curator Laura-Jane Parker from Post*Shift reflects on how cultural attributes need to be encouraged in moderation This year has seen some high-profile examples of when company culture starts working against you. Travis Kalanick's...
Posted in: , Employment
Lucy Sorell
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A study by Migrate UK has shown that a large number of employers holding a sponsor licence are not complying with their sponsor duties.   All employers sponsoring migrant workers are required to notify the Home Office of a number of different changes...
Lucy Sorell
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The Guardian recently partnered with Operation Black Vote to assess the ethnic makeup of Britain’s most powerful. They drew up a list of around 1,000 of the UK’s most influential figures across a number of sectors including politics, financial...
Lucy Sorell
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Ryanair faces continued media interest in the context of an investigation by HMRC into the employment structures it imposes on its UK-based pilots.  Ryanair requires its UK-based pilots to set up their own Irish limited companies of which they become...
Kathryn Dooks
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Following on from our previous updates here and here, David Davies and his team were back in Brussels this week (29 September) for the fourth round of negotiations on Brexit. Part of those discussions continued to focus on the rights of EEA nationals to...
Lucy Sorell
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Ryanair has been the target of much unwelcome press recently due to its mismanagement of a change of holiday year for pilots, leading to an unprecedented number of flight cancellations, which left the airline with a compensation bill for affected passengers...
Anna Byford
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“Thank you for your email. I am out of the office through [date]. For anything urgent re Thrive Global please email [name and email]. Otherwise, please email me again when I return as this email will be deleted.”   This is an out of...
Anna Byford
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  The Royal Mail has become the latest employer to sign up to the TUC’s voluntary ‘Dying to Work Charter’. Fifty other employers including Santander, EON, Legal and General and the Co-op have already signed the charter, which now...
Kathryn Dooks
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On 6 September the Guardian published a copy of an 82-page memo which had been leaked from within government, detailing the government's current thinking on the employment of EU nationals post-Brexit.  Whilst the paper is stated to be subject to...
Kathryn Dooks
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The government issued an email on 1 September summarising the progress made in the latest round of negotiations in Brussels over Brexit, with regard to the rights of EEA nationals in the UK. It highlighted the progress made in the talks, including: ...
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This month we have a guest blog from Zoe Puckering, Employee Health & Wellbeing Executive at babylon . The state of work is changing fast and with millennials predicted to form 50% of the global workforce by 2020, old school benefits just don’t...
Posted in: , Employment
Amy Douthwaite
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Working from home – a slackers’ charter or the route to better performance?    Working from home, remote working or agile working are concepts being bandied around more and more often these days.  It’s often seen as a good...
Marian Bloodworth
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The government has today announced that under new corporate governance laws,  which are due to come into effect by June 2018,  900 publicly listed companies will be under a duty to reveal the pay ratio between their highest earners and other...
Anna Byford
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The British Chamber of Commerce interviewed 1,400 businesses across the UK as part of its annual workforce survey, the results of which were published today. 4 in 5 businesses reported that the cost of business had risen as a result of employment initiatives...
Kathryn Dooks
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The government’s Migration Advisory Committee (“MAC”) is seeking the views of employers and other interested parties on the impact of a reduction in EEA migration post-Brexit. The MAC is an independent body which advises the government on...
Anna Byford
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A bill was introduced to the House of Commons this week which, if passed, will entitle parents who lose a child to statutory paid leave and allow them to grieve away from the workplace. No such right exists under the current law. The Employment Rights Act...
Marian Bloodworth
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The Banking Standards Board (BSB) yesterday (13 July) published a Consultation paper setting out its proposed guidance for financial services firms within the Senior Managers and Certification Regime (SMCR). These firms are required to certify their...
Kathryn Dooks
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The  government has today published the Taylor Review into Modern Working Practices. Matthew Taylor was commissioned by the government to review (amongst other matters) the impact of the gig economy on the world of work and proposals for reform of...
Kathryn Dooks
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Uncertainties for EEA nationals living and working in the UK (and their employers) look set to remain in the short term, following the release of the UK government’s “opening offer” to Europe on the rights of EU citizens after Brexit. The...
Anna Byford
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Not necessarily but a recent employee happiness survey by recruitment firm Robert Half in collaboration with wellness expert Nick Marks explored the relative happiness levels of employees in different countries and found that workers in the US were the...
James Champness
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An employment tribunal has upheld a claim of direct sex discrimination brought by a male employee after his employer told him that he would be paid full pay for two weeks’ paternity leave, but would only receive the statutory minimum for the remainder...
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In our recent presentation to clients at Kemp Little, we discussed the power of Talent Science, and it’s potential to identify and manage workforce related issues. The problem Recently, a HR Director, Chris, explained that hiring managers within his...
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Executive Coach Beverly Landais provides some tips to build personal resilience in our guest blog. Keep calm and build resilience reads the poster advertising the community events in a village near to where I live in Kent. There are exhibitions,...
Posted in: , Employment
James Champness
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In the run-up to next month’s general election, the major political parties have set out their plans for immigration to the UK if they receive a mandate to govern from the ballot box. The Conservative manifesto contains most detail, and has therefore...
Anna Byford
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The man leading the hotly anticipated Taylor Review into modern workplace practices, Matthew Taylor, has given some early indications of his views. Speaking to the Work and Pensions Select Committee on Wednesday, Mr Taylor said a new category of worker...
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Recently Kemp Little hosted a seminar regarding the employment law implications when a high level executive position is terminated. This article will explore the challenges faced by the spouses and partners of high level executives who have been...
Posted in: , Employment
Amy Douthwaite
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Tax-free childcare is the new government scheme to help working parents with the cost of childcare. It is starting from 28 April this year, but there hasn’t yet been that much publicity about it. We have summarised the key points of the new system...
Marian Bloodworth
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We know that from time to time our clients encounter employment issues that require more than just employment law advice to solve. Whether you need an occupational health advisor, a payroll system provider or a diversity and inclusion specialist, finding a...
Anna Byford
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Just one week after we reported on the Chancellor’s announcement in the Budget to increase National Insurance levels for self-employed people, Philip Hammond has this morning dropped the planned tax rise. Following considerable criticism from...
Kathryn Dooks
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From 6 April 2017, all employers issuing certificates of sponsorship to non-EEA migrants in order to obtain a Tier 2 work visa will need to pay the “Immigration Skills Charge” on top of the usual certificate fee. Unless the employer qualifies as...
James Champness
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What is the latest news? After the Court of Appeal upheld the previous rulings in the Lock v British Gas case, which held that British Gas should include commission in the calculation of Mr Lock’s holiday pay, the Supreme Court has refused British...
David Williams
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Quite what to do about the rise of gig economy businesses and their typically self-employed workforces has been a significant strategic issue for the government over recent months. Because of their status, self-employed workers pay less National Insurance...
Kathryn Dooks
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Clients often ask me whether there are any particular HR policies they can implement to try to attract and retain more women in the workplace. On International Women’s Day, with its message this year of “be bold for change”, I’ve set...
James Champness
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The Department for Culture, Media and Sport has launched its Digital Strategy, which sets out plans to make the UK a favourable location to start and grow digital businesses.  The strategy involves close partnerships between Government, businesses and...
Amy Douthwaite
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After having lost its case in the employment tribunal late last year, gig economy business Uber are now facing more woes. Former Uber engineer Susan Fowler recently posted a blog which detailed a number of disturbing instances of sexual harassment and...
Anna Byford
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A number of compensation limits will increase from 6 April 2017 under the Employment Rights (Increase of Limits) Order 2017. The key changes include: The upper compensation limit that Employment Tribunals can award for unfair dismissal will increase from...
Amy Douthwaite
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New rules requiring employers with 250 or more employees to produce an annual report on their Gender Pay Gap are due to come into force in April this year.  Our recent webinar took our clients through the requirements of the regime and what practical...
James Champness
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A key commitment within the Conservative Party’s general election manifesto of 2015 was to introduce an apprenticeship levy, funded by a 0.5% tax on the payroll of employers in excess of £3 million per year.  However, before the levy even...
Amy Douthwaite
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The CMI  published results of their "Men as Role Models" survey yesterday revealing that gender bias in the workplace is still rife. The survey results revealed that 4 out of 5 managers had witnessed gender discrimination or bias in the last...
James Champness
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Powers for employment tribunals to levy additional fines on rogue employers who flout employment laws with “aggravating factors” have led to an income of under £18,000 since they were introduced in April 2014.  The figures, released by...
Kathryn Dooks
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Mr Doug Paulley, who is disabled and uses a wheelchair, has won his widely publicised case at the Supreme Court regarding the use of the disabled wheelchair space on a bus operated by FirstGroup. Mr Paulley wished to board the bus but could not due to the...
David Williams
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Following the Uber judgment late last year, 2017 opens with more implications for the “gig economy” – the handle given to the increasingly popular working arrangement whereby people work on a job-by-job basis, often facilitated by...
James Champness
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German discount supermarket Aldi has announced that it will increase the minimum level of wage paid to its staff, in a response to the announcement made only weeks earlier by its rival Lidl, which has also stated that it will also be increasing minimum rates...
James Champness
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In a report published today, the charity Working Families has released results of a study interviewing some 2,750 parents about the challenges they face balancing work and family life.  In particular, the Modern Families Index 2017 paid attention to...
Anna Byford
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There has been both good and bad news reported on the gender pay gap this morning. The think-tank, Resolution Foundation, compared the typical hourly pay between generations of men and women over the course of their careers. In its report published today,...
Amy Douthwaite
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Operating within and preparing for the SMCR framework can be challenging and many of our clients are looking for guidance. If this is on your to-do list for 2017 we can help you to ease the burden:  If you are already operating within the SMCR...
Amy Douthwaite
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The long awaited draft regulations were published yesterday – with some distinct changes compared with the first draft. You can read them here . Whilst the new draft regulations clarify some points around who is caught (for example, partners do not...
Amy Douthwaite
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Back in October, Theresa May announced that Matthew Taylor (the Chief Executive of the Royal Society of Arts) would conduct a review into modern employment practices to look at whether/how they needed to change in order to keep pace with modern business...
Anna Byford
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Executive pay has come under scrutiny again today. On Radio 4’s Today Programme this morning the business secretary Greg Clark referred to the steep rise in executive pay by comparison to the average pay of remaining staff and the fact that executive...
Anna Byford
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The Chancellor announced in his Autumn Statement today that tax advantages linked to Employee Shareholder Status will be abolished, in response to evidence those advantages are primarily being used for tax-planning purposes by high-earning individuals The...
Anna Byford
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As part of the Chancellor’s Autumn Statement today, it was announced that tax savings on salary sacrifice schemes will be stopped, with the exception of salary sacrifice arrangements regarding pensions, childcare, ultra-low emission cars and cycling to...
Kathryn Dooks
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In the recent case of Brown v Commissioner of Police for the Metropolis and the Chief Constable of Greater Manchester Police,  the County Court awarded £9,000 in damages for data protection and privacy breaches.  The Court also held that...
Kathryn Dooks
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Two Uber drivers today won their employment tribunal claim against the “gig economy” app. The decision means they are classified as “workers”, entitling them to the National Living Wage (£7.20 / hour for drivers over the age of...
Amy Douthwaite
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The House of Commons Business, Energy and Industrial Strategy Committee has launched an inquiry into the future world of work, focussing on the rapidly changing nature of work, the status and rights of agency workers, the self-employed, and those working in...
Amy Douthwaite
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The CBI has sent a number of policy recommendations to the Chancellor for the Autumn Statement next month, some of which relate to employment. In a potentially surprising development, the CBI’s submission, which calls on the Government to put into...
Marian Bloodworth
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According to research released last week by Totaljobs, age discrimination is still rife. The statistics show that  almost two-thirds (63%) of 55-64 year olds said that they have felt discriminated against by a prospective employer because of their age....
Kathryn Dooks
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Asda may well turn out to be falling foul of its marketing strapline as thousands of female employees have now secured the right to lodge the UK’s largest private sector equal pay claim. Back in June of this year, the Court of Appeal confirmed that...
Marian Bloodworth
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Today’s report in CityAM that employees in the banking industry feel unable to admit that they are suffering from stress will be a blow to the many employers in the sector who are actively trying to remove the stigma surrounding mental health at...
David Williams
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A male employee has been awarded almost £30,000 for sex discrimination after his employer refused to pay him the same rate as female employees during parental leave. The case is a timely reminder to employers to review the terms of their maternity and...
Amy Douthwaite
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Recent research reveals that more employers are making use of online platforms to recruit workers for short-term, piecemeal or casual working, showing that there has been a significant increase in this recruitment method over the last five months. The...
Kathryn Dooks
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At the Conservative Party Conference, the Home Secretary announced that she is proposing to require companies to disclose how many of their workers are non-British, in order to encourage them to hire more British workers. This is part of the Home...
Kathryn Dooks
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Theresa May’s speech at the Conservative Party Conference at the weekend arguably gave us a much clearer picture of what Brexit will look like: She will invoke article 50 no later than the end of March 2017, meaning we will leave the EU in around...
Kathryn Dooks
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Theresa May has ordered a review of workers’ rights and practices, with a particular focus on addressing concerns about a lack of protection for those working in the “gig economy”, for companies such as Uber and Deliveroo. Mrs May has...
Marian Bloodworth
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On Friday the Government’s Business, Innovation and Skills (BIS) Committee launched its  inquiry into corporate governance, which comes after investigations into BHS and Sports Direct’s business activities. The inquiry will look at...
Kathryn Dooks
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Concerns have been raised in the past about the merits of using LinkedIn for recruitment, given the very low representation of Black and Minority Ethnic populations on the site, leading to a potential for racial or ethnic bias if that is the sole means used...
Kathryn Dooks
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During the EU Referendum debates, Leave campaigners advocated a points based system for EU migrants in order to reduce the numbers of migrants entering the UK. Theresa May has now scorched this idea, saying that it would not provide sufficient control and...
Anna Byford
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The government has published its response to its July 2015 consultation on simplifying the tax and National Insurance treatment of termination payments , together with draft legislation which will change the way termination payments are taxed in the future...
Anna Byford
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Two reports hit the headlines this week, painting a disheartening picture of working environments in the UK – particularly for women. On Wednesday the TUC published a survey in collaboration with the Everyday Sexism Project, in which over 50% of the...
Anna Byford
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Further to our blog last Friday, Owen Smith has now officially published his workplace manifesto , setting out his pledges to improve workers’ rights in Britain.  His sweeping plans seek to make some wholesale changes to the landscape of...
Anna Byford
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A clause in Deliveroo’s contracts with its deliverers was exposed this week, which is designed to prevent its self-employed staff from bringing employment-related claims in the courts. The wording in question allegedly reads: “You further...
Anna Byford
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Owen Smith gave a speech on Wednesday in which he promised ‘fair employment’ as a key pledge in his bid to replace Jeremy Corbyn as leader of the labour party. Speaking from Orgreave, Yorkshire, once the site of a high profile confrontation...
Anna Byford
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Acas published a report highlighting the tendency of company management to stereotype the merits (or otherwise) of different age groups. According to Acas , too many employers subscribe to the “ truism ” that “ younger workers prefer...
Anna Byford
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“ Regulation already in place will stay for the moment, but the flood of new regulation from Europe will be halted ”. The words of our new Secretary of State for Exiting the EU , David Davis, on his blog for the Conservative Home website...
David Williams
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The Common’s BIS Select Committee has published its report on the Digital Economy and there were a number of employment hot topics in the mix. According to the report, the government must provide a clear strategy in relation to employees and workers...
Anna Byford
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As the dust settles after the EU referendum decision announced on 24 June, we asked HR professionals who attended our seminar on 14 July how their employees and the market they operate in have reacted in the Brexit aftermath: More than 70% of respondents...
Kathryn Dooks
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Back in July last year the UK Government announced its plans to introduce a UK wide Apprenticeship Levy from April 2017.  In response the Scottish Government has now launched a consultation which ends on 26 August 2016, into how the Apprenticeship Levy...
Kathryn Dooks
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Following the momentous decision announced this morning that Britain is to leave the EU, we’ve taken a look at what the immigration and employment law implications might be. Free movement of workers/work visas In the short-term, pending the...
Anna Byford
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Once you start noticing something for the first time, you spot it everywhere. In preparation for our next HR Forum on 29 June on tackling mental health issues in the workplace, I have noticed several reports all corroborating the fact that so many of our...
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In July 2015 the House of Commons Justice Committee commissioned an inquiry into tribunal fees. Almost a year later, the results have now been published, revealing some rather interesting findings… Tribunal fees were introduced in July 2013, and have...
Posted in: , Employment
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Findings from a report published by the Science and Technology Committee suggest that the UK could be facing a future where its workforce lacks basic digital skills. The report indicates that, at present, 12.6 million adults in the UK lack what are felt to...
Posted in: , Employment
Amy Douthwaite
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A number of companies have found themselves airing their dirty HR laundry in public this week. Sports Direct Firstly, we’ve had Mike Ashley of Sports Direct finally succumbing to pressure from MPs to give evidence in Parliament to the Business...
Anna Byford
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A temporary receptionist working for outsourcing company Portico, claims that she was sent home without pay from a job at PwC last December when she refused to wear 2-4 inch heels in breach of Portico’s appearance guidelines. Ms Thorp said that she...
Anna Byford
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Employers could be on the hook for employee fraud and money-laundering The Prime Minister has today unveiled plans to introduce new criminal offences for employers who fail to properly police their employees in relation to fraud and money-laundering...
Anna Byford
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Following lengthy litigation, Unite Union reached a settlement with eight of the UK’s largest construction firms to compensate 265 workers who were named on a secret recruitment vetting system. The settlement figure reached today is understood to...
Anna Byford
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The Trade Union Bill received royal assent on Wednesday to become the Trade Union Act 2016. With it comes: A required ballot turnout of at least 50% in order to commence lawful industrial action. An additional requirement of 40% support for industrial...
Kathryn Dooks
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An employment tribunal has ruled that when employees undertake voluntary overtime, voluntary standby duty or voluntary call-outs with “sufficient regularity”, pay in respect of such duties should be considered part of normal pay and should...
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We are about to find out… An announcement was made on Monday that a new survey is being launched by the Government with the aim of gathering views on the use of non-compete restrictions across the UK employment market. The UK is currently ranked...
Posted in: , Employment
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A recent article in the Times has raised the questions of whether the removal of the default retirement age and the increase in discrimination protection has had a knock on effect on the employment and promotion rates for millennials. With many employees...
Posted in: , Employment
Anna Byford
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“ This is one of the worst statistics we have ever looked at ” said Radio 4’s ‘More or Less’ producer Charlotte McDonald last week. ‘More or Less’, which investigates headline statistics, picked up on the highly...
Anna Byford
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Starting one year ago today, parents of babies born or placed for adoption have been able to elect to share one year’s leave to care for the child (subject to various criteria being met and notices being served).  Previously, fathers were able to...
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Scottish company Sweett Group plc has been ordered to pay £2.25 million after falling foul of the provisions set out in the Bribery Act 2010. The business was found guilty of failing to prevent an act of bribery intended to secure and retain a...
Posted in: , Employment
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ACAS have just released new guidance for employers dealing with the issue of sex discrimination. This comes in the wake of the Equality and Human Rights Commission report which recently revealed that between 2012 – 2014 only 47% of FTSE 350 companies...
Posted in: , Employment
Amy Douthwaite
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This Treasury-commissioned review on gender parity in financial services was released last week with some potentially challenging recommendations for financial services firms. Read the report here . The review was led by Jayne-Anne Gadhia (CEO of Virgin...
Anna Byford
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Just before Easter, the House of Lords Select Committee published the results of its review into how effective the Equality Act 2010 (the “EqA” ) is in helping disabled people in the UK ( ...

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