UK: failure to contact Acas before proposing dismissal and re-engagement will be breach of statutory code under revised draft

The Government has published a revised draft of its proposed statutory code on dismissal and re-engagement, following consultation on an earlier draft last year.  It now awaits parliamentary approval, and the Government expects to bring it into force ‘later in the Summer’.  The draft has been extensively re-ordered and duplication removed in response to criticism … Read more

UK: changes to harassment law enacted; Acas draft statutory Code on Predictable Work Requests published

HR teams face a busy year updating policies, procedures and staff training to reflect legislative changes expected to come into force next year.  Several Private Members’ Bills have been enacted in recent months (including on carer’s leave, flexible work requests, predictable work requests and extended redundancy protection for pregnancy/family leave returners);  yesterday it was the … Read more

Australia: Talking Shop EP11 – Unpacking the Australian Closing Loopholes Bill: What this means for consumer sector employers

Natalie Gaspar joins Aoife Xuereb to discuss the Australian Federal Government’s proposed changes to employment and industrial relations, following the introduction of the Fair Work Legislation Amendment (Closing Loopholes Bill) 2023 (Cth). Natalie delves into how these reforms could impact employers in the consumer sector, including in relation to casual employment, fixed term contracts, wage theft compliance, gig-economy participants and … Read more

The Australian Government Tables Closing Loopholes Bill: What It Means For Your Business

On 4 September 2023, the Federal Government introduced the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Cth) (Bill) in the House of Representatives. This Bill is significant, running to 278 pages and covering 28 distinct parts. It proposes reforms that will have a substantial impact on employers, employees, principals, and contractors. In many respects, the Bill … Read more

UK: government proposes new offence of failure to prevent fraud

Update: the Bill received Royal Assent on 26 October 2023.  The UK government has introduced a new failure to prevent fraud offence into the Economic Crime and Corporate Transparency Bill during its progress through the House of Lords. Once enacted, this will require HR in larger companies to review and update staff training and policies … Read more

US: Cos. Shouldn’t Alter Noncompete, Severance Agreements Yet

In two highly publicized administrative actions, the Federal Trade Commission and the National Labor Relations Board have sought to end, or at least significantly curtail, the use of noncompete agreements, and standard non disparagement and confidentiality provisions in severance agreements, respectively. Both actions will be challenged, thus creating a limbo period for employers as the … Read more

Australia: In the crosshairs – ACCC confirms review of no-poach provisions in employment contracts

As noted in our 27 March 2023 Employment Note, the Assistant Minister for Competition, Charities and Treasury, Andrew Leigh MP (Leigh) recently requested advice from the Australian Competition and Consumer Commission (ACCC) about the competitive impacts of non-compete post-employment restraints. Leigh suggests that non-compete clauses in employment contracts hampers job mobility and wage growth, and … Read more

Australia: Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023

Labor introduced the Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023 (PWE Bill) into Parliament yesterday. The PWE Bill contains the second tranche of amendments to the Fair Work system. We have put together a summary of the changes proposed to the Fair Work Act and related legislation that addresses the following: making changes … Read more