Government publishes Statement of Intent on proposals for new data protection laws

On 7 August 2017, Government publishes its Statement of Intent (SoI) on ‘A new Data Protection Bill: Our planned reforms’. The SoI states that implementation of the GDPR and repeal of the Data Protection Act (DPA) will be done in a way that so far as possible preserves the concepts of the DPA to ensure that the transition for all is as smooth as possible while complying with the GDPR in full. The Government has …

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Holiday pay must include payment for any voluntary overtime normally worked

In the latest instalment to the litigation surrounding the correct calculation of holiday pay, the EAT has held that payment for voluntary overtime that is normally worked is within the concept of ‘normal remuneration’ and should therefore be taken into account in calculating holiday pay for the 4 weeks of holiday provided for by the Working Time Directive (WTD). This is the first binding decision in England and Wales on the issue of voluntary overtime. …

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Supreme Court ends employment tribunal fees with immediate effect

Employment tribunal fees were introduced for the first time in July 2013, and have been subject to challenge ever since. Over the course of the last 4 years, UNISON has launched two judicial reviews, both of which were unsuccessful in the High Court.  In 2015, UNISON’s appeal to the Court of Appeal failed.   Leave to appeal to the Supreme Court was granted and, following a two day hearing earlier this year,   this long running saga …

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Government publishes proposals for EU nationals

After many months of speculation about the Government’s proposals for European nationals[1] currently living and working in the UK, the Government has now published its Policy Paper setting out its plans.  This is welcome news to employers employing European nationals in their workforce. Whilst the terms of the Policy Paper are still, of course, subject to negotiation with the EU (and an expectation that they will be reciprocated),  they do at least serve as a …

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Taylor Review report into employment practices in the modern economy published

The Taylor Review’s final report on employment practices in the modern economy has been delivered to Government and published on 11 July 2017. The Review panel, chaired by Matthew Taylor, has made a number of recommendations for specific measures which the Review panel would like to see enacted as soon as possible, but also makes the case for longer term strategic shifts. As an overarching principle, the report issues a call to sign up to …

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Queen’s Speech unveils employment law changes

Today the Queen unveiled the Government’s legislative programme for the new two-year Parliament. This included a number of employment law reforms, aside from the impact of Brexit: There will be a new national policy on immigration. However, there is currently very little detail about what the new policy will be. The Conservative party manifesto included an objective to reduce annual net migration to below 100,000, a commitment to double the Immigration Skills Charge levied on …

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How to prepare for GDPR: Implementing a compliance programme

In the latest in our series of briefings on preparing for GDPR, we focus on the steps necessary to implement a GDPR compliance programme. With only one year to go until GDPR comes into force on 25 May 2018, it is vital that organisations take action now to ensure that they are ready to comply with GDPR, in order to be in a position to meet regulatory standards, and minimise risk. The aim is to …

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Practical impacts of GDPR on the employment relationship

In the next of our series of briefings on the General Data Protection Regulation (GDPR) we focus on some more of the practical impacts of GDPR on the employment relationship and what businesses can do to manage these and prepare for implementation by May 2018. Data subject access requests Under the GDPR, employees will have the right to much more detailed, transparent and accessible information about the processing of their data. Data subject access requests …

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Preparing for the GDPR: New employee data subject rights could disrupt core HR procedures

The General Data Protection Regulation (GDPR), due to come into force throughout the EU including the UK on 25 May 2018, will force through a culture change in terms of attitudes to data privacy, according to the Information Commissioner Elizabeth Denham. Speaking at the Data Protection Practitioners’ Conference 2017, Denham warned that organisations risking damaging their brands and their business if they are seen to be cavalier with personal data: “If an organisation can’t demonstrate …

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Brexit: Impact on European nationals in your workforce

The rights of European nationals[1] currently living and working in the UK has been one of the most high profile aspects of the Brexit process, and it remains a hot topic. The consistent message from UK Prime Minister, Theresa May, has been that securing the status of, and giving certainty to, European nationals already in the UK, and to UK nationals in the EU, is a priority for the Government.  For now, however, there is …

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The clock is now ticking for employers to publish their gender pay gaps

Today marks the beginning of the one year gender pay gap reporting countdown for every employer with  250 or more employees. Within the next 12 months, each of these employers will have to wrestle with the Government’s new complex regulations, get to grips with the various calculations, and finally publish details of their gender pay gaps on both their own websites and a specially designated Government website.   For many, there will be nervousness in …

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Gender pay gap reporting: The issues with bonuses

One week from today, 5 April 2017, marks the ‘snapshot’ date on which employers who are in scope need to collect the raw data on which to calculate their mean and median gender pay and bonus gaps under the Equality Act (Gender Pay Gap Information) Regulations 2017. We continue our countdown with a brief look at the issues with bonuses. Bonus pay is defined as remuneration in the form of money, vouchers, securities, securities options …

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Gender pay gap reporting: what counts as ‘pay’?

Two weeks from today, 5 April 2017, marks the ‘snapshot’ date for which employers who are in scope need to collect the raw data on which to calculate their mean and median gender pay and bonus gaps. Employers will be required to publish information on their gender pay gap by 4 April 2018. The requirement to assess pay data is the gross hourly rate of pay in the pay period which covers 5 April. Pay …

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Scope for ban on Islamic headscarves in the workplace remains limited

The European Court of Justice has decided that an internal rule which prohibits the visible wearing of any religious sign does not constitute direct discrimination based on religion or belief. Although such a rule might constitute indirect discrimination, it may be objectively justified. Facts Ms Achbita (A) was employed, in Belgium, as a receptionist by G4S and was involved in providing reception services for customers.  At the time of A’s recruitment there was an unwritten …

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New apprenticeship levy applies from April 2017

This week (6 to 10 March 2017) marks the 10th National Apprenticeship Week. This is quite timely, as it precedes the introduction of the apprenticeship levy next month. The apprenticeship levy applies from 6 April 2017, and effectively shifts the cost of funding apprenticeships from the government to large employers.  The levy will be collected through the PAYE system alongside tax and National Insurance Contributions. The rate of the levy will be 0.5% of each …

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