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Jul 9, 2024 | 
lexology.com | Julie Keir
With the Labour Party forming the new UK Government, what do HR teams need to know about their plans?
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May 22, 2024 | 
lexology.com | Julie Keir
The UK government is proposing to make non-disclosure agreements (NDAs) unenforceable where they seek to prevent an employee from disclosing information about criminal conduct. When are NDAs used in an employment context? Stand-alone NDAs are rare in an employment context.
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Apr 17, 2024 | 
lexology.com | Julie Keir
New rules were introduced on 6 April 2024 extending priority status for suitable alternative employment in a redundancy situation to employees who have notified their employer that they are pregnant or who have recently returned from maternity, adoption or shared parental leave. What does a fair redundancy process involve? An otherwise fair redundancy dismissal can be unfair if there has been a failure to follow a fair procedure.
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Mar 27, 2024 | 
lexology.com | Julie Keir
The following employment law changes are coming into force in April 2024. Holiday rules for irregular hours and part-year workersFor holiday years starting on or after 1 April 2024, you must calculate holiday entitlement and pay for irregular hours and part-year workers in line with new rules. Holidays accrue on the last day of each pay period at the rate of 12.07% of the actual hours worked in that pay period (unless the worker has been on sick or statutory leave when different rules apply).
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Jan 17, 2024 | 
lexology.com | Julie Keir
Some important changes to the Working Time Regulations have been introduced. The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 came into force on 1 January 2024 and:Define what is considered ‘normal remuneration’ Codify the EU case law on the carry-over of unused holidays Introduce new rules on annual leave accrual and holiday pay for 'irregular hours and part-year workers' for holiday years starting on or after 1 April 2024.
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Nov 13, 2023 | 
lexology.com | Julie Keir
Earlier in the year the UK government carried out consultations on:Retained EU employment law and proposals to reform the Working Time Regulations (record keeping, annual leave entitlement and holiday pay) and TUPE Regulations (read our earlier blog); andCalculating holiday entitlement for part-year and irregular hours workers. The response to both consultations has now been published and new regulations are intended to come into force on 1 January 2024.
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Oct 25, 2023 | 
lexology.com | Julie Keir
If an employee enters into a 'restrictive undertaking' on termination, any payment for doing so is fully taxable. As well as new restrictive covenants, a restrictive undertaking can include some of the standard confidentiality and non-disparagement provisions in settlement agreements and COT3s.
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Oct 5, 2023 | 
lexology.com | Julie Keir
The Supreme Court has issued its much-anticipated decision in the case of Chief Constable of the Police Service of Northern Ireland v Agnew, finding that a gap of more than three months between underpayments does not automatically break a series of deductions. This significantly increases the potential liability for back pay if employers have calculated holiday pay incorrectly. Holiday pay entitlementWorkers are entitled to 5.6 weeks paid holiday under the Working Time Regulations 1998 (WTR).
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Sep 12, 2023 | 
lexology.com | Julie Keir |Martin Sloan |Elaine Mcilroy
One of the ways in which employers can check whether an individual has the right to work in the UK is by instructing a Digital Identity Service Provider (IDSP). Organisations should remember, however, that it is the employer - as data controller - that is responsible for ensuring that any technology it deploys is compliant with data protection law.
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Jun 15, 2023 | 
lexology.com | Julie Keir
Three Private Members' bills introducing new family friendly employment rights were passed on 24 May 2023. The new rights are not yet in force and much of the detail is still to be published. However, it is important for employers to be aware of the forthcoming changes and to incorporate them into future policy reviews.
