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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April 2018 tax reforms will impact on employers making termination payments

Employers who are planning to make termination payments to departing employees on or after 6 April 2018 need to be aware of important reforms which will take effect on 6 April 2018. The key point for employers to note is that the value of all notice periods not worked will become taxable and subject to both employer and employee National Insurance Contributions (NICs), regardless of whether there is a contractual payment in lieu of notice …

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Gender Pay Reporting Regulations: Are you ready?

In 10 weeks’ time, the deadline for gender pay gap reporting for every employer with  250 or more employees will be here.  The Government estimates that around 9,000 employers will be required to report and, to date, less than 700 have done so – in the region of 7.5%. So if you haven’t completed and published your report, where do you sit on the readiness curve? If you haven’t completed and published your report, are …

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Review of the year and look forward to 2018

In this Be Aware review of the year, we highlight the most important legislative and case law developments from 2017 and identify the key developments to watch out for in 2018. 2017: The year in review Legislation   Apprenticeship levy: Finance Act 2016, Income Tax (Pay As You Earn (Amendment) Regulations 2017 The apprenticeship levy became payable with effect from 6 April 2017 and is payable by employers through PAYE.   Read more in our …

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CAC rejects novel collective bargaining application in respect of outsourced workers

The Central Arbitration Committee has rejected a novel claim that outsourced workers employed to provide ancillary services at a university should be entitled to bargain collectively with the university as their “de facto” employer. The Independent Workers Union of Great Britain (IWGB) sought statutory recognition against both Cordant Security and the University of London under Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) in respect of workers employed by Cordant …

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Be Aware: EHRC consults on its approach to enforcement of gender pay reporting regulations

The Equality and Human Rights Commission (EHRC) has published a draft policy paper setting out the approach it intends to take in using its enforcement powers in respect of the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 (GPGR). The EHRC is consulting on the draft policy and wants to hear from businesses, representative bodies and anyone with an interest in pay gaps on its planned approach to enforcement. The consultation closes on 2 …

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Be Aware: Employer’s direct pay offer to employees was unlawful inducement to end collective bargaining

In our Be Aware blog post of 28 February 2017 we reported on the employment tribunal decision in Dunkley v Kostal UK Limited, a case on s.145B of the Trade Union and Labour Relations (Consolidation) Act 1992. Section 145B is complex but essentially prohibits employers from making offers directly to union members to change their terms and conditions in order to avoid collective bargaining (ie if the employer’s “sole or main purpose” in making the …

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Brexit: Deal on EU citizens agreed in principle

On 8 December 2017, an agreement in principle was reached between the UK and the EU on the future rights of EU citizens currently living lawfully in the UK.  In short, the Government has announced that these individuals will be able to stay in the UK and enjoy broadly the same rights and benefits as they do now.  This agreement applies equally to UK citizens currently living in the EU. However, a word of caution …

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ECJ: A worker must be able to carry over paid annual leave when an employer does not allow him to exercise that right

The ECJ held today in King v The Sash Window Workshop that a worker must be able to carry over and accumulate rights to paid annual leave when an employer does not put that worker in a position in which he is able to exercise his right to paid annual leave. EU law precludes the requirement that a worker must actually take leave before establishing whether he has the right to be paid in respect of …

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Government select committees publish draft bill on worker status

The Work and Pensions (WP) and Business, Energy and Industrial Strategy (BEIS) Committees yesterday published a joint report, A framework for modern employment, (Report) which contains a draft Bill which aims to take forward some of the central proposals from the Taylor Review of modern working practices, which published its report in July. The Report makes recommendations on the following issues which the Committees considered should be tackled in primary legislation: Clearer statutory definitions of …

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Equal Pay Day puts the spotlight on gender pay gaps

10 November 2017 is Equal Pay Day – the day when women effectively stop earning for the remainder of the year compared to men. This is based on the current (mean) gender pay gap which the ONS has revealed to be 14.1% for women working full-time. The Fawcett Society, the organisation behind the concept of Equal Pay Day, is leading a campaign urging politicians and employers to make a ‘pay gap pledge’ to close the …

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Government publishes details of administrative processes for EU nationals

The Government has today published further information on the new administrative processes which will apply to EU nationals in the UK who wish to apply for settled or temporary status post-Brexit. In brief: The future status and rights of EU nationals will be defined in the Withdrawal Agreement (WA).  The WA will be incorporated into UK law, enabling EU citizens to enforce those rights. A new application system is being designed from scratch.  Applications will …

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Independent review calls on employers to make mental health a priority

An independent review into mental health in the workplace, commissioned by the Government in January 2017, published its comprehensive report today. It calls for workplace mental health to now be a priority for organisations across the UK. The Thriving at work: Stevenson/Farmer review of mental health and employers report, which also takes into account the recent Taylor Review of Modern Working Practices, highlights that the UK is facing a significant challenge in respect of mental …

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Data Protection Bill: impact on employee data

On 14 September the UK Government published the draft Data Protection Bill, to replace the Data Protection Act 1998 (DPA) and supplement the forthcoming General Data Protection Regulation (GDPR) in certain key areas. Our earlier Blog Entry provided an overview of the Bill. In this article we highlight the specific impact of the Bill on how employers process workforce data.  Extra safeguards for special categories of data Special categories of personal data are data revealing …

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Brexit: Latest developments on the future of EU nationals working in the UK

Employers who are monitoring the latest Brexit negotiations on the future status of EU nationals working in the UK may welcome the reassurance delivered by the Prime Minister in Florence recently that it remains one of her ‘first goals…. to ensure that [EU citizens] can carry on living…as before’, and that ‘the guarantee on….rights is real’. The Prime Minister says that ‘significant progress’ has been made, and this appears to include a concession that the …

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