Employment case law update April 2021
Read on for our monthly digest for employers on upcoming employment law changes and key employment cases that have recently been decided. COVID health & safety unfair dismissal Rodgers v Leeds Laser Cutting Ltd In what may be one of the first of many tribunal decisions relating to COVID health & safety dismissals, an employee […]
Health & safety unfair dismissal
A return to the workplace for many staff may raise health and safety concerns in light of the ongoing pandemic. In some cases, employees may even refuse to return to the workplace during this worrying time. The coronavirus presents a unique and unprecedented context for existing health & safety rules, which require employers to take […]
Do you have to offer a redundancy appeal?
The redundancy process should be fair at each stage to minimise the risk of tribunal claims. To what extent does this extend to a redundancy appeals procedure? The following guide for employers examines the benefits of providing a right to a redundancy appeal and the procedure that should be followed as a matter of best […]
Can a vehicle tracker be used in a disciplinary?
Vehicle tracking can help to boost the efficiency and productivity of a business, especially in monitoring a driver’s location and managing a fleet from virtually anywhere. As well as providing valuable, operational data, employers may also look to rely on vehicle tracking information as part of a disciplinary investigation. Can a vehicle tracker be used […]
Parliament Debates National Security and Investment Bill
The Government could be given new powers to scrutinise and intervene in M&A transactions deemed to raise national security concerns, under a draft Bill currently being debated in the House of Lords. The National Security and Investment Bill would introduce an independent screening regime in the UK where a transaction involving a change of control […]
IR35 changes & off payroll working rules
IR35 changes took effect on 6 April 2021, impacting how private sector organisations engage contractors for off-payroll working. The latest reforms were due to go live on 6 April 2020 but were postponed by a year in light of the coronavirus pandemic. Below we examine the nature and extent of the IR35 changes, and how […]
IR35 Rules Now Apply to Private Sector
Changes to the IR35 rules on off-payroll working have come into force today, affecting medium and large organisations in the private sector that engage contractors. The off-payroll rules, which are already in place for public sector organisations, had been scheduled to be extended to the private sector from 6 April 2020. This date was then […]
COVID Restrictions Easing from 12 April
The government’s test to move to the next stage of the COVID roadmap has been met, meaning further lockdown restrictions will be eased from Monday 12th April 2021, Boris Johnson confirmed in a live Downing Street press conference last night. From next Monday, outdoor hospitality can re-open, along with significant parts of the indoor economy […]
Changes to Motoring Laws from April 2021
New rules affecting UK motorists are due to come into force this year. The Department of Transport confirmed the first of these changes takes effect from today, with a change in car tax rules from 1 April 2021. Vehicle Excise Duty (VED) is increasing for less environmentally-friendly cars. The amount of VED due is based […]
How to develop a redundancy matrix
To avoid unfair dismissal claims, employers are required to follow a lawful redundancy process at each stage, including the redundancy selection procedure. Provided there is a genuine redundancy situation, the first stage will be to consult with affected employees. This will involve ascertaining if there are alternatives to redundancy, including suitable alternative roles. Where redundancies […]
What is Insolvency?
When financial hardship hits your business, and you are forced to consider closing down, working out what to do next can be overwhelming. Understanding the fundamentals behind what insolvency is, what the process entails and what it means for the future of your business can help you to navigate this complex situation. The process of […]
Automatically unfair dismissal
It is a common misconception that an employee can be dismissed without the need to provide a fair reason and follow a fair process, as long as they have not yet accrued two years’ continuous service with their employer. On the contrary, however, there are certain circumstances in which a dismissal may be classed as […]
Employment case law update March 2021
Read on for our monthly digest for employers on upcoming employment law changes and key employment cases that have recently been decided. Equal pay Asda Stores Ltd v Brierley Thousands of Asda shop floor workers have won the latest round in their legal challenge for equal pay. The case rests on the argument that store […]
Age Discrimination in the Workplace (Your Rights)
Age discrimination or ageism in the workplace is a form of unlawful discrimination under the Equality Act 2010. Employers are under a legal duty to prevent age discrimination in the workplace. The Equality Act 2010 states individuals must not be discriminated against at work because they are (or are not) a certain age or in […]
Asda Workers Win Latest Round In Equal Pay Battle
The Supreme Court has ruled in favour of 44,000 Asda supermarket workers in the latest stage of their equal pay challenge. Asda store workers are arguing they are being paid less because most store workers are women, while most distribution depot staff are men. The court upheld previous rulings that lower paid shop workers are […]
UK & EU Agree Financial Services Deal
The UK and EU have come to an agreement on post-Brexit financial services regulations. In a statement on 26 March 2021, HM Treasury announced the deal, which would see a new regulatory forum being created between the UK and the EU. The forum will comprise a minister from the UK and their equivalent from the […]
Equal Pay Act (A Brief Guide for Employers!)
The Equality Act 2010 enshrines in law the employers’ responsibility to pay employees equally for equal work, regardless of gender. The legal basis for equality of pay was first introduced in the UK by the Equal Pay Act 1970, which prohibited any less favourable treatment between men and women in terms of pay and conditions […]
Roadmap Out Of Lockdown: New Rules from 29 March
The government has laid out details of the roadmap that will take England out of lockdown. The new rules, which must be agreed by Parliament, provide the legal framework to ease current restrictions on a phased basis, provided certain tests are met. From 29 March 2021, the mandate to stay at home will come to […]
No Fault Divorce: Where Are We Now?
Getting a divorce can be an extremely difficult and emotionally challenging time for the former couple. Yet even where both ex-partners are in agreement that divorce is the only option, the law at present in England and Wales does not allow a ‘no-fault divorce’. Under current rules, to legally divorce, blame must be attributed to […]
Short time working: employer guidance
Short time working is when you reduce the hours of some or all of your employees, or pay them less than half a week’s pay. This could be during periods of lower demand or slowdown in the amount of work available. The employee should receive full pay unless their contract allows unpaid or reduced pay. […]