Employment

Employers: Do your ‘right to work’ checks stand up to scrutiny?

Business immigration issues have not been far from the headlines since the Brexit referendum in June 2016 and, at the weekend, Theresa May announced that Britain will decide for itself how it will control immigration and that it “will be free to pass [its] own laws”. One of the key areas of focus in recent months has been on illegal working, where there have been significant developments. July 2016 saw the introduction of new measures …

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Termination payments – changes to the tax treatment

Following its consultation in 2015, the Government has now confirmed the changes which will be made in how termination payments will be taxed, and published draft legislation for comment. The changes will apply “from April 2018”. It is not clear at this stage whether payments pursuant to settlement agreements entered into before that time will be grandfathered under the existing legislation, but that may well be the case. Key points are: the existing £30,000 income …

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Employers must prepare for gender pay gap reporting as IFS report confirms 18% gap

Today’s publication of a report by the Institute for Fiscal Studies brings the gender pay gap into sharp focus once again.  The report confirms that the hourly wages of female employees are currently about 18% lower than men’s on average, and that the impact of taking time out of the workplace for family reasons continues to have a significant impact upon a woman’s pay potential for the remainder of her working life. Although this news …

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The ill-treatment of domestic migrant workers because of their immigration status does not amount to race discrimination under the Equality Act 2010

Bethan Odey and Emma Phillips, Senior Associates in our Birmingham office, comment: The recent case of Taiwo v Olgaigbe and another; Onu v Akwiwu and another [2016] UKSC 31 has highlighted the issues which can arise in respect of the employment rights of migrant workers. The case involved Ms Taiwo and Ms Onu, both Nigerian nationals who entered the UK lawfully with a domestic worker’s visa. Ms Taiwo and Ms Onu were subjected to mental …

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Privacy Shield adopted by European Commission and US Department of Commerce

Earlier this month, the European Commission (EC) voted to adopt the final version of the new EU/US data protection scheme, the Privacy Shield, which provides a mechanism for the valid transfer of personal data from the EU to the US.  The scheme was approved simultaneously by the US Department of Commerce (DoC).     The Privacy Shield is a replacement for the previous EU/US data transfer scheme,  the Safe Harbour Agreement,  which was declared invalid by the …

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Business immigration in post-Brexit Britain

Matthew Leon, Associate in our Edinburgh office, and Heather Barc, Associate in our London office, comment: A significant consequence of June’s Brexit referendum result is that businesses are left operating in an uncertain environment. Employers now face a number of questions particularly in relation to immigration.  What happens to the status of EU member state nationals in the UK?  What can be done to ensure that businesses are able to continue resourcing their businesses effectively …

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Despite Brexit, businesses need to start preparing for the General Data Protection Regulation

The Information Commissioner’s Office (ICO) has published an Overview of the European General Data Protection Regulation (GDPR) for organisations. The changes anticipated by GDPR are wide-ranging and require a cross-organisational compliance framework that will take time to assess and implement effectively. Organisations which process data within the UK should start their planning now if they have not already done so. The result of the 23 June 2016 referendum on membership of the EU means that …

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Right to work checks: Extended criminal liabilities for employers

Germaine Machin-Cowen and Aaron Lyons, Associates in our Sheffield office, comment: On 12 July 2016, a number of changes under the Immigration Act 2016 will come into force, including extended criminal offences for employers in relation to illegal working. Background All employers in the UK have a duty to prevent illegal working by carrying out certain checks – known as ‘Right to work checks’ – on all employees before they commence employment. Failure to carry …

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Brexit: 10 steps for employers to take now

Following the vote in favour of Brexit on 23 June,  there is uncertainty as to what comes next.  Much will depend on who replaces David Cameron and what the government’s Brexit strategy will be, how and when Article 50 of the Lisbon Treaty is invoked to trigger the formal exit process, and how the EU approaches the negotiations with the UK. In the meantime, there are no immediate changes to employment or immigration law as …

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EU referendum: UK votes out – what now for employers?

23 June 2016 will go down in history as the date the UK population voted to leave the European Union. Despite the magnitude of this decision, however, its employment law impact will not be felt immediately and employers will have a period of time to collect their thoughts. This is anticipated to be the start of a minimum 2 year period of negotiations to determine the UK’s future role on the global stage. There are …

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Non-compete clauses: Government call for evidence – let us submit a response on your behalf

In April 2016, the Government launched its Innovation Plan, and, as part of this, announced it would be making a call for evidence on the future of employers being able to include non-compete clauses in agreements with workers and employees.  DLA Piper’s Employment group has prepared a survey which focuses on key questions raised by the call for evidence. We would be delighted to hear your views and to then submit a representative response to …

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