Brexit: Deal or no deal? Is the future of the settled status scheme hanging in the balance?

Each day now presents new developments in the Brexit negotiations – and in an update to our article of 20 November 2018, the critical EU Summit has now taken place and the leaders of the EU27 Member States have now agreed the terms of the UK’s withdrawal from the EU and the future relationship.   This brings to an end the negotiations which began some 20 months ago.  The terms have been declared the, ‘best and …

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Draft withdrawal agreement is agreed (for now) – but what next for citizens’ rights?

On 14 November 2018, after many months of negotiations, the UK Government and the EU Commission finally announced that a draft withdrawal agreement (WA) on the legal terms of the UK’s withdrawal from the EU has been agreed, and at the same time they issued a ‘Political declaration setting out the framework for the future relationship between the UK and the EU’ . The WA is a lengthy document (running to nearly 600 pages) but, …

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Data protection cases in the spotlight

Two recent cases involving data protection have recently been in the spotlight.  In WM Morrisons Supermarkets PLC v Various Claimants, the Court of Appeal dismissed Morrisons’ appeal against the High Court’s decision that Morrisons was vicariously liable for the deliberate disclosure by an employee of his co-workers’ personal data on the internet. Unless there is a successful appeal to the Supreme Court, Morrisons is now facing liability for damages in respect of over 5,000 individuals. …

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ECJ rules that a worker cannot automatically lose his acquired rights to paid annual leave because he did not apply for leave

The ECJ has handed down judgment on 6 November 2018 in Kreuziger v Land-Berlin and Max-Planck-Gesellschaft, a case concerning the circumstances in which the right to compensation in lieu of annual leave on termination of employment may be lost. The ECJ concluded that a worker cannot automatically lose his acquired right to paid annual leave because he did not apply for leave. Mr Kreuzinger was a legal trainee with the Land of Berlin, Germany between …

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Government response to consultation on parental bereavement leave and pay regulations

The Parental Bereavement (Leave and Pay) Bill received Royal Assent on 13 September 2018. The Act will come into force in April 2020 and will create a statutory right to time off work for employed parents, with pay where eligibility requirements are met, following the loss of a child. The Act will be supported by Regulations which will implement the key details of the Government’s policy on parental bereavement leave and pay. The Department for …

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UK Budget 2018: Employment

The Chancellor has delivered the 2018 UK Budget. Whilst the number of employment tax related announcements were limited there were some significant changes proposed, most notably in relation to off-payroll working arrangements in the private sector. Set out below is a summary of the key announcements.   Off-Payroll Working in the Private Sector As widely anticipated following its consultation earlier this year, the Government has announced that it will be reforming the off-payroll working rules …

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Government consultation on mandatory ethnicity pay reporting

A consultation has been launched asking employers to contribute their views on  implementing mandatory ethnicity pay reporting. It sets out options and asks questions on what ethnicity pay information should be reported by employers to allow for meaningful action,  who should be expected to report, and the next steps to be taken. In previous discussions, the Government stated that it preferred voluntary, business led ethnicity reporting, but given the small number of employers reporting and …

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Supreme Court rules that it was not unlawful discrimination for a bakery to refuse to supply a cake supportive of gay marriage.

In an important case which has highlighted the difficulties which can arise when balancing the rights of individuals with different protected characteristics, the Supreme Court has held in Lee v Ashers Baking Company Ltd and ors,  that it is not unlawful discrimination, either on grounds of sexual orientation or political opinion, for a bakery to refuse to supply a cake iced with the message ‘Support Gay Marriage’.  The bakery owners held religious beliefs that gay …

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Supreme Court decides “self-employed” plumber has worker status

Employment status remains one of the hottest topics in employment law this year. The Supreme Court has added to the debate today, handing down judgment in Pimlico Plumbers Ltd v Smith. The Supreme Court unanimously held that a plumber who was engaged as a “self-employed operative”  should in fact have been treated as a “worker” for employment rights purposes. Facts Smith worked as a plumber for Pimlico Plumbers Limited (Pimlico) for around 6 years. He …

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Disparate pay for maternity and shared parental leave may be indirect discrimination

Following the EAT’s recent ruling, in Capita Customer Management Limited v Ali, that a father who wished to take shared parental leave was not directly discriminated against in not being entitled to the higher maternity pay rate which the employer paid to employees taking maternity leave, the EAT has handed down judgment in Hextall v Chief Constable of Leicestershire Police.  The appeal in this case related to indirect discrimination, and provides a useful contrast to …

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Less than one month to go until GDPR: Are you ready?

The countdown is on to the implementation of the GDPR on 25 May 2018. With less than one month to go, many employers will be finalising their preparation for the changes the new law will bring to data protection in the workplace. For those employers finalising their preparations, it may be time to check in to ensure that you remain on track and on target.  But for those organisations who are only just turning their …

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Employers do not discriminate by paying more for maternity leave than shared parental leave

The EAT has confirmed in Capita Customer Management Limited v Ali that a father who wished to take shared parental leave was not directly discriminated against in not being entitled to the higher maternity pay rate which the employer paid to employees taking maternity leave. Capita’s maternity, paternity and shared parental leave policies applying to employees who had transferred from Telefonica entitled female employees to 14 weeks basic pay followed by 25 weeks of statutory …

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EHRC confirms enforcement action will be taken against employers who fail to publish gender pay gap reports

With one week to go until the deadline for employers of 250 or more employees to report their gender pay gap information, the Equality and Human Rights Commission (EHRC) has confirmed that it will take enforcement action against any employers who fail to report on time. In a statement on 26 March 2018, the EHRC has said it will implement the first stage of its enforcement processes by sending a letter on 9 April 2018 …

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Holiday and casual workers: the 12.07% formula challenged

A recent decision of the Employment Appeal Tribunal (EAT) casts doubt on the practice of employers fulfilling their obligations to allow paid annual leave to casual workers by providing for holiday accrual at the rate of 12.07% of hours worked. Facts Brazel was a part-time music teacher, retained on a zero hours contract.    She worked mostly during term-time and her hours fluctuated weekly.  She had a contractual right to 5.6 weeks’ paid holiday, mirroring her statutory …

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Government publishes response to Taylor Review and four consultation papers

The Government has today published ‘Good Work’, its response to the Taylor Review which investigated what impact modern working practices are having on the world of work. The Taylor Review published its report in July 2017 and made wide-ranging recommendations regarding reforms of the law on agency work, paid holiday, sick pay, flexible working and employee representation. The review found that the strength of the UK’s labour market is built on flexibility but that a …

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