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NEWS
This edition of Employment weekly highlights includes: (1) the Department for Business and Trade consultation on reforming TUPE 2006 and abolishing the legal framework for European Works Councils, (2) the Council of Europe’s approval of the EU AI Act, (3) analysis by Martin Scott of gunnercooke LLP of a Deputy Pensions Ombudsman determination concerning automatic enrolment, (4) an EAT judgment on an appeal by civil servants claiming that a redundancy compensation scheme was discriminatory to older employees, (5) an EAT judgment on case management directions in group equal pay claims, (6) a report that three-quarters of finance professionals in the UK stayed silent after spotting or suspecting internal fraud rather than blowing the whistle, (7) a High Court decision allowing a defamation claim against statements made during a grievance procedure to proceed, (8) a High Court judgment granting an interim injunction to prevent breach of post-termination restrictive covenants and the duty of confidentiality, (9) the latest edition of the FCA’s Primary Market Bulletin, (10) an EAT judgment upholding a tribunal decision to stay a breach of contract claim for courts to determine territorial jurisdiction, (11) immigration updates concerning the EU Settlement Scheme and the Creative Worker route, (12) dates for your diary, (13) updates to our legislation and consultation trackers and our horizon scanner, and (14) a new Q&A.
NEWS
This edition of Employment weekly highlights includes: (1) a revised draft regulation amending the list of bodies to which permitted disclosures can be made under section 17 of the Victims and Prisoners Act 2024, (2) a further draft regulation replacing VPA 2024, s 17 in its entirety, to allow a victim of criminal conduct (or a person who reasonably believes they are a victim) to make a disclosure to anyone (including family, friends, employers and journalists), for any purpose, (3) EAT decisions highlighting the need for clarity when a disciplinary process is initiated during notice period and providing a reminder that a debarred respondent should generally be able to participate in a remedy hearing, (4) news that the DBT has ‘named and shamed’ 491 companies for failing to pay the national minimum wage, (5) a joint submission by the Trans Advocacy and Complaints Collective and the Trans Exile Network to the Council of Europe’s Directorate General of Human Rights and Rule of Law, asking it to reopen enforcement of ECHR judgments in Goodwin v UK and Grant v UK, (6) a letter from the EHRC to the Minister for Women and Equalities, urging her to approve the updated Code of Practice for services etc without further delay, (7) a letter from the Council of Europe’s Commissioner for Human Rights, Michael O’Flaherty, to the Chairs of the Joint Committee on Human Rights and of the Women and Equalities Committee outlining concerns about the current climate for trans people in the UK, (8) a planned employment tribunal outage on 11 November 2025, (9) a new playbook for a pro-client, company-to-company consultancy agreement, (10) dates for your diary, and (11) other news items of interest to employment practitioners.
NEWS
This edition of Employment weekly highlights includes: (1) an Employment Rights Bill clause amendment voted in favour of by the House of Lords at the Bill’s Report Stage, creating a duty on certain employers to take reasonable steps to investigate any whistleblowing disclosure made to them, (2) a call for evidence on unpaid internships and similar work practices, (3) updated Sponsor Guidance from the Home Office, (4) draft legislation due to come into force in April 2026 to make recruitment agencies jointly and severally liable for PAYE when they supply workers via umbrella companies, (5) analysis by Jen Kingsmill and Charlotte Morgan of Lewis Silkin of the legal and practical challenges for employers of behavioural additions related to the use of smartphones and digital technology generally, (6) a judgment from the Court of Appeal upholding a race discrimination claim against Leicester County Council, (7) the announcement of a planned upgrade closure on 31 July of Employment Tribunals online services, (8) publication by the Lexis+® UK Ireland (Employment) team of a new precedent compromise agreement, together with an accompanying letter to an employee enclosing the draft compromise agreement, and a new subtopic on the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (TUPE), (9) dates for your diary, and (10) other news items of interest to employment practitioners.
NEWS
This week's edition of Employment weekly highlights includes: (1) Employment Rights Bill (ERB) factsheets, (2) a Work Rights Centre (WoRC) briefing examining the impact the ERB will have on vulnerable workers, (3) four government consultations as part of its Plan to Make Work Pay on the application of zero-hours contract measures for agency workers, Statutory Sick Pay, the modernisation of trade union laws, and collective redundancy and fire and rehire, (4) a Welsh government consultation on the Agricultural Wages Order 2025, (5) an Order setting school teachers’ pay and conditions from 1 September 2024, (6) a number of Private Members’ Bills which have received their first reading in the House of Commons, (7) the removal of reference to statutory neonatal care pay and leave from HMRC’s October 2024 Employer Bulletin, (8) an EAT judgment concerning whistleblowing protections for charity trustees, (9) a proposed new whistleblowing Bill, (10) a draft Order which will add to Schedule A2 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) the protective award for non-compliance with collective consultation requirements, (11) a Court of Appeal judgment upholding an EAT decision that Ofsted had unfairly dismissed an Ofsted inspector, (12) an employment tribunal ruling that a continuation of contract order can be made even if the employer has lost their sponsorship licence, (13) a new Practice Direction and Presidential Guidance on panel composition in the employment tribunal and EAT, (14) the Employment Appeal Tribunal (Amendment) Rules 2024, (15) a new EAT Practice Direction governing appeals to the EAT from 1 February 2025, (16) our new Employment Rights Bill—tracker, (17) dates for your diary, and (18) updates to our case, consultation and legislation trackers and horizon scanner.
NEWS
This edition of Employment weekly highlights includes: (1) the government response on the new statutory right to bereavement leave including pregnancy loss, introduced by the Employment Rights Act 2025, (2) Court of Appeal guidance on procedural fairness in sponsor licence revocation decisions, (3) an EAT decision ruling that individual employees may be personally liable for failures to make reasonable adjustments, (4) an EAT judgment reminding that a tribunal can refuse to extend time for a discrimination claim where there has been only a modestly short delay, if to do so would bring historic, memory-dependent issues into play, (5) an EAT judgment providing general guidance on the use of generative AI in proceedings, (6) an EAT judgment highlighting the potential error a tribunal may fall into when taking into account benefit payments in a remedy calculation, (7) our new ‘How to’ guide to enforcing employment tribunal awards and Acas COT3 settlements in Scotland, produced in partnership with Russel Bradley of Westwater Advocates, (8) what’s coming up in the employment law world within the next few weeks, and (9) other updates and resources of interest to employment practitioners.
NEWS
This edition of Employment weekly highlights includes: (1) analysis of an EAT judgment on international and territorial jurisdiction, (2) the government response to its consultation on distributing tips fairly and an updated draft statutory Code of Practice, (3) analysis of an EAT decision on the dividing line between normal pay and expenses when calculating holiday pay and the impact of the Supreme Court’s decision in Agnew, (4) government updates as part of Tax Administration and Maintenance Day, (5) an EAT decision involving claims of disability discrimination and constructive dismissal by a university lecturer who was not permitted to return to work duties, (6) analysis of an EAT judgment looking at case management orders in multi-claimant equal pay claims, (7) new draft regulations adding to the list of authorities in Scotland subject to the public sector equality duty, (8) a consultation on reform of the fit note process, (9) the Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment of Schedule A2) Order 2024, (10) analysis of an EAT decision on the new Rule 37(5) provision for extending time to appeal, (11) analysis by Ben Maitland, senior associate at Vanessa Ganguin Immigration Law, of the implications for sponsor employers of the April 2024 Immigration Rules changes, (12) dates for your diary, and (13) updates to our consultation tracker, legislation tracker and horizon scanner.
NEWS
This edition of Employment weekly highlights includes: (1) video analysis by Sarah Watson and Cathy Hoar of the Lexis+® UK Employment team of whether annual bonuses should be included in holiday pay calculations, (2) the Retained EU Law parliamentary report for June 2023 to December 2023 from the Department for Business and Trade (DBT), (3) the publication of two letters from the Department for Levelling Up, Housing and Communities to leaders of local authorities on criminal record checks for local councillors, (4) the National Minimum Wage (Amendment) Regulations 2024 removing the exemption for live-in domestic workers (eg nannies and au pairs) from the national minimum wage, (5) research from the Pensions and Lifetime Savings Association on employees choosing their workplace pension provider, (6) analysis by the Lexis+® UK Tax team of the ruling that IR35 rules applied to the services of Sky football pundit, Phil Thompson, (7) a Law360 report on the dismissal of a victimisation claim because a racial slur allegation was false and made in bad faith, (8) analysis by Katie Russell and Rebecca Mullins of Burges Salmon of the new duty for employers to prevent sexual harassment, (9) the proposal from the European Commission to review the European Works Council Directive, (10) the €32m fine of Amazon France Logistique by the National Commission for Data Protection and Liberties for EU GDPR breaches, (11) the response by the Equality and Human Rights Commission to the DBT consultation on hiring agency staff to cover industrial action, (12) analysis of the changes to the UK Corporate Governance Code, (13) new statutory instruments and updated Codes of Practice relating to civil penalties in respect of the rights to work and rent, (14) the Home Office extension of the offshore well boat workers concession to 2026, (15) the commissioning of the Migration Advisory Committee of a rapid review of the new Immigration Salary List, (16) a new Practice Note from the Lexis+® UK Employment team on statutory paid holiday for irregular hours workers and part-year workers, (17) the IRLR Highlights for February 2024, (18) dates for your diary, (19) updates to our consultation and legislation trackers, as well as to our Employment horizon scanner, and (20) new Q&As.
NEWS
This edition of Employment weekly highlights includes: (1) the launch of ‘Skills England’, (2) the statutory Code of Practice on Dismissal and Re-engagement which came into force on 18 July 2024, (3) analysis of an EAT judgment on an employer’s holiday saving scheme which resulted in underpayments of the national minimum wage, (4) Acas guidance for employers about the 2024 Olympic Games in Paris, (5) Law Society of Scotland guidance on improving disability inclusion in the legal profession, (6) updates to the UK Stewardship Code, (7) an EAT judgment upholding a order requiring Addison Lee to pay a deposit of £125,000 in order to continue to rely on certain arguments in its defence of claims brought by hundreds of drivers, (8) an EAT decision that a hearing should have been postponed when the claimant’s representative was too unwell to represent her at the hearing, (9) the Acas annual report for 2023–2024, (10) dates for your diary, (11) updates to our case, legislation and consultation trackers and our horizon scanner, and (12) new Q&As.
NEWS
This edition of Employment weekly highlights includes: (1) a revised draft code of practice on electronic and workplace trade union balloting laid before Parliament, (2) an analysis of the future of the Health and Care Worker visa route and its impact on migrant care workers by Dr Dora-Olivia Vicol, CEO at the Work Rights Centre, (3) a High Court decision on jurisdictional issues arising from an alleged ‘Team Move’ centred in the Middle East, (4) an EAT decision confirming that online payslips can satisfy the requirements of ERA 1996, s 8, (5) commencement of the new legal requirements under the Data (Use and Access) Act 2025 requiring all organisations that handle personal data to provide a clear process for individuals to raise data protection complaints, (6) an analysis of the government response to the consultation on protection from detriments for taking industrial action, (7) new Presidential Guidance on employment tribunal interim relief applications, (8) dates for your diary, and (9) other updates and resources of interest to employment practitioners.
NEWS
This edition of Employment weekly highlights includes: (1) HMRC guidance on new PAYE rules for labour supply chains that include umbrella companies, which will apply from 6 April 2026, (2) the government’s response to the report by the Women and Equalities Committee (WEC) on the UK’s parental leave system, accepting many of the WEC’s recommendations and recognising the need for reform, (3) the Judicial Appointments Commission selection exercise to recruit non-legal members to Employment Tribunals in England and Wales, applications for which close on 7 October 2025, (4) an EAT decision addressing the limits to the open justice principle in relation to remote hearings, (5) from the Lexis+® UK Employment team, a new executive service agreement playbook for use when drafting and negotiating an executive service agreement (or employment contract for a director), and a new Practice Note containing key and illustrative cases involving gender-critical and/or gender identity beliefs, (6) dates for your diary, and (7) other news items of interest to employment practitioners.
NEWS
This edition of Employment weekly highlights includes: (1) the Welsh Government’s consultation on establishing a Social Care Negotiating Body under the Employment Rights Act 2025 to set Fair Pay Agreements in the social care sector in Wales, (2) updates to a number of our Practice Notes and Precedents to reflect ERA 2025 changes in relation to parental leave and paternity leave and pay, (3) analysis by Michael Foran, Associate Professor of Law at University of Oxford, of the High Court’s dismissal of a judicial review brought by the Good Law Project and three individuals challenging the Equality and Human Rights Commission’s interim update following the Supreme Court decision in For Women Scotland, (4) a High Court decision ruling on liability and injunctive relief in major team move litigation, (5) adoption by the European Council of an amending directive simplifying and narrowing the scope of the CSRD and CS3D corporate sustainability reporting and due diligence requirements, (6) upcoming dates for your diary, and (7) other news items of interest to employment practitioners.
NEWS
This edition of Employment weekly highlights includes: (1) clarification from the EHRC on the requirements for separate-sex facilities in the workplace, (2) an analysis of the changes to NDAs under section 17 of the Victims and Prisoners Act 2024, (3) the Financial Conduct Authority’s annual report on whistleblowing disclosures, (4) guidance and analysis on the Data (Use and Access) Act 2025 and the Information Commissioner's Office guidance, (5) an update from the Presidents of the Employment Tribunals for England & Wales and Scotland on the improper use of email addresses for use by parties only where there has been a fault with the online submission service, (6) a new Practice Note designed to help teams drafting and negotiating settlement agreements, (7) dates for your diary, and (8) other news items of interest to employment practitioners.