Jurisdiction: UK

UK: further detail on parental bereavement rights published

The Parental Bereavement (Leave and Pay) Bill received Royal Assent in September and is expected to come into force in 2020.  It provides for 2 weeks’ leave (paid if eligible) for parents who lose a child under the age of … Continue reading

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Filed under Jurisdiction: UK, Workplace flexibility and family-friendly rights

UK: workers may be entitled to carry over statutory holiday if they have not been encouraged to take it

The ECJ has ruled that workers cannot be deprived of paid statutory holiday entitlement on the termination of employment or at the end of a particular reference period or authorised carry-over period, unless the employer has ensured “specifically and transparently” … Continue reading

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Filed under Jurisdiction: UK, Working hours (including holiday, sick leave, overtime, rest breaks)

UK: information gathering by in-house lawyer in order to obtain external advice may not be protected by legal advice privilege

The High Court has ruled in Glaxo Wellcome UK Ltd v Sandoz Ltd that an in-house lawyer’s communications with an employee of the business, who was accepted to be her in-house “client” for some purposes, were not protected by legal … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: UK

UK: new resources on criminal record checks, mental health and dyslexia

Unlock has published new guidance for employers on criminal record checks, to which the ICO has contributed. The guidance states that checks at the application stage are unlikely to be necessary for most jobs and therefore likely to be a … Continue reading

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Filed under Data protection and privacy, Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)

UK: gender pay gap news

The Government Equalities Office has published a summary of the 2017/18 gender pay gap data submitted by employers as at May 2018, along with an Interim Gender Pay Gap Employer Insights Survey conducted at the end of 2017. The summary … Continue reading

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Filed under Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)

UK: Budget 2018 confirms IR35 reforms will extend to the private sector

The off-payroll working rules (commonly known as IR35) seek to ensure that individuals who are engaged through personal service companies (PSCs) by service users (End Users), but who perform roles equivalent to employees, are taxed through payroll in the same … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: UK

UK: Budget 2018 announces NIC change delay and new minimum wage rates

An important announcement in the Budget for employers to note was the decision to delay by a further year the introduction of employer Class 1A NICs on termination payments over £30,000, until April 2020. There will also be changes to … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: UK, Termination of employment

UK: managers could face personal liability for whistleblowing dismissal framed as detriment claim

Employers should ensure board members and senior managers are aware that, if they are instrumental in a decision to dismiss an employee for whistleblowing, they could be personally liable for post-dismissal losses. The Court of Appeal has upheld the EAT’s … Continue reading

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Filed under Jurisdiction: UK, Whistleblowing

UK: first enforcement notice under GDPR shows extra-territorial reach

The UK data protection regulator, the Information Commissioner’s Office (ICO), has issued its first enforcement notice under the General Data Protection Regulation (GDPR). The notice is particularly noteworthy because it has been issued against a company located in Canada, which … Continue reading

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Filed under Data protection and privacy, Jurisdiction: UK

UK: Court of Appeal upholds employer vicarious liability for employee data breach and serious assault

The Court of Appeal has upheld the High Court decision in Morrisons Supermarkets Plc v Various Claimants that an employer can be vicariously liable for an employee’s misuse of data even where it has done as much as reasonably possible to … Continue reading

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Filed under Data protection and privacy, Jurisdiction: UK