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Louisa Button
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While nothing has been confirmed, The Ministry of Justice is considering whether to reintroduce fees for employment tribunal claims.  Tribunal fees, initially introduced in July 2013, were heavily criticised by the Supreme Court in 2017, leading to...
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Passing on positive feedback is a pleasure. But how do you deal with critical feedback? The way you deliver the feedback can either help the recipient to improve or leave them disheartened. How can you ensure that feedback is effective? Let’s begin by...
Posted in: , Employment
Lucy Sorell
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Megan Butler, Executive Director of Supervision (Investment, Wholesale and Specialists Division) at the FCA has written to Maria Miller MP Chair, Women and Equalities Committee regarding the Women and Equalities Committee Report on Sexual Harassment in the...
Sinead Noonan
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On Sunday 14 October, the Sunday Times reported that the Government will announce plans to outlaw non-disclosure agreements (NDAs) in cases where victims have made complaints of “sexual assault of a criminal nature”. Although this definition is...
Lucy Sorell
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You may remember our report on the case of Various Claimants v WM Morrisons Supermarket PLC , in which the High Court held that Morrisons was vicariously liable for the actions of one of its employees in posting online personal details of 100,000 other...
Sinead Noonan
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Gender pay gap reporting was introduced in 2017 to increase transparency around the gender pay gap across UK businesses. The gender pay gap regulations require any organisation that has 250 or more employees to publish and report specific figures about their...
Sinead Noonan
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The government has today launched a consultation seeking employers’ views on ethnicity pay reporting. Announcing the plans, Theresa May acknowledged that “too often, ethnic minority employees feel they’re hitting a brick wall when it comes...
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The controversial immigration cap on non-EEA workers is currently set at 20,700 per annum and is broken down into monthly allocations.  It has been met for seven months in a row leading to over 1.3K tech sector professionals being refused UK...
Posted in: , Employment
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The controversial immigration cap on non-EEA workers is currently set at 20,700 per annum and is broken down into monthly allocations.  It has been met for seven months in a row leading to over 1.3K tech sector professionals being refused UK...
Posted in: , Employment
James Champness
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The Women and Equalities Commission (a cross-party parliamentary committee chaired by Maria Miller MP) has published its report on sexual harassment in the workplace, and has proposed a number of recommendations.  After a consultation process which...
Anushka Sinha
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The controversial immigration cap on non-EEA workers is currently set at 20,700 per annum and is broken down into monthly allocations.  It has been met for seven months in a row leading to over 1.3K tech sector professionals being refused UK...
Anushka Sinha
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Details of the proposed new settled status scheme were released by the Home Office last week. The EU Settled Status Scheme is promised to be streamlined and user-friendly and will be open for applications by 30 March 2019.  The Home Office will use...
Anushka Sinha
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The UK government has announced a new visa scheme which will replace the Tier 1 (Graduate Entrepreneur) category and allow applicants who are endorsed by a university or a business sponsor to start a business in the UK. The scheme will be launched in Spring...
Anushka Sinha
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Doctors and nurses will be exempt from the cap on non-EU workers in a bid to alleviate the huge number of vacancies within the NHS.  The changes are due to be announced on Friday 15 June 2018. This will be welcome news to the tech industry as the...
Anushka Sinha
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Amber Rudd has resigned as Home Secretary following pressure over her handling of immigration policy.  She has been replaced by Housing, Communities and Local Government Secretary Sajid Javid who is promising an end to the term ‘hostile...
Louisa Button
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In Capita Customer Management v Ali & Working Families (Intervenor), the EAT has held that it is not direct sex discrimination for an employer to pay enhanced pay to a women on maternity leave despite not enhancing shared parental pay (ShPP) for a man...
Louisa Button
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The Equality and Human Rights Commission (EHRC) has recently published its Business Plan for the upcoming year, with key emphasis placed on: the promotion of apprenticeships to improve access to work for disabled people, people with mental health...
James Champness
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The Government has announced that the childcare voucher scheme (under which employees can elect to have the value of childcare vouchers deducted at source by way of salary sacrifice) has been given a six-month extension for new joiners.  The original...
Anushka Sinha
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If you are a sponsor of skilled non-EEA nationals under Tier 2, you may have been inundated with reminders from the Home Office to submit your requests for Unrestricted Certificates of Sponsorship (UCoS) allocation renewals.  Any unused UCoS will be...
Anushka Sinha
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Plans to register millions of EU citizens following Brexit could descend into chaos as a former Home Office official warns that stretched resources and politically motivated decisions will hamper the ‘presumption in favour of granting status’ to...
Lucy Sorell
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It’s that time of year again! With effect from 6 April 2018, the following increases to current Tribunal compensation ranges will apply:  The maximum compensatory award for unfair dismissal will be increased from £80,541 to...
Anushka Sinha
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Theresa May has conceded in the battle over migration policy during the transition period. EU migrants who come to Britain during the transition period after the UK exits the EU will have the right to settle permanently in the UK. The government was...
Anushka Sinha
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The ONS published statistics last week confirming that “Brexodus” is happening:  Net migration from the EU (the difference between the number of people arriving and leaving) has dropped below 100,000, the lowest level for five years. The...
Anushka Sinha
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Immigration lawyers are concerned by the fact that the number of applications for certificates to sponsor Tier 2 (General) skilled workers has exceeded the monthly cap for the third consecutive month. This is an indication of greater pressure on...
Justin Terry
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Today, the Women and Equalities Committee, which was appointed in 2014 to to examine the Government's performance on equalities issues, has launched a full inquiry on sexual harassment in the workplace. The inquiry’s purpose is to consider issues...
Anna Byford
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The government’s hotly anticipated response to the Taylor Review into Modern Working Practices was released today and has been received with a general air of disappointment. The c.80 page document makes 53 recommendations, none of which commit (at...
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All changes are due to take effect from 6 April 2018. Contractual/non-contractual PILONs As many will be aware, from 6 April 2018 both contractual and non-contractual payments in lieu of notice (PILONs) will be taxable and subject to Class 1 NICs....
Posted in: , Employment
Lucy Sorell
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In early January the Fawcett Society published a report on sex discrimination laws in the UK. The re-port looked at the UK’s current sex discrimination laws and other laws protecting gender equality, ex-amined whether they were fit for purpose...
Marian Bloodworth
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There has been considerable focus recently - and rightly so - on employee wellbeing at work. Many employers are taking active steps to ensure that mental health is treated seriously and that employees are given the support they need to discuss and manage...
James Champness
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In the aftermath of Unison’s successful application to the courts that fees for employment tribunal claims should be abolished, the Ministry of Justice has recently published the tribunal’s quarterly statistics for the period July-September...
Anna Byford
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The Department for Work and Pensions has announced reforms to the pensions auto-enrolment regime, following a review of the existing system and the needs of individuals not currently benefitting from auto-enrolment.  Under the current auto-enrolment...
Anna Byford
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BBC’s China Editor, Carrie Gracie, resigned last night in response to what she called ‘unlawful pay discrimination’.  In a letter to the BBC audience, which Ms Gracie published last night, she accused the BBC of breaking equality...
Anna Byford
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Iceland continues to lead the way when it comes to gender pay equality. Under new legislation which came into effect on Monday 1 st January 2018, companies with more than 25 employees will need the government to certify their equal pay policies. This will...
Kathryn Dooks
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The government has announced a number of changes to work visas with effect from 11 January 2018, with some positive outcomes for migrants and their employers: Electronic entry clearance The government is trialling electronic entry clearance for certain...
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Time and again change programmes fail because of a disconnect between how leadership and employees view the change.  It’s about helping leaders build the bridge between their perception of the change and that of their employees. Let’s...
Posted in: , Employment
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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In two contrasting "gig-economy" decisions the Employment Appeal Tribunal has decided against Uber, holding its drivers to be workers, whilst at the same time the Central Arbitration Committee has found Deliveroo's bike couriers to be genuinely...
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...
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...
Posted in: , Employment
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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...

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