Viewing: Legal Updates
BWB regular legal updates, newsletters and bulletins
Employers will be pretty familiar with the existing obligations around providing written particulars. Significant legislative changes will take effect from 6 April 2020. They are quite detailed but the principal changes will significantly extend the employer’s obligations.
Although the Agency Worker Regulations 2010 (the Regulations) have been in force for almost a decade, there have been surprisingly few cases dealing with the enforceability of the rights they have introduced and how liability and compensation will be apportioned and awarded where these have been breached.
Employment Insight: Discrimination on Grounds of Religious Belief – Whose Protected Characteristic is it Anyway? >
It is a well-known tenet of employment law that employees are protected from discrimination by their employer, in respect of a number of “protected characteristics”, from day one of their employment.
The results of a recent poll conducted by ACAS suggest that the current political stalemate is matched by a degree of frustration in the workplace over the slow pace of change to attitudes and culture. Workers report that their number one concern remains balancing work and home life (53%). However, the majority (63%) think flexible working arrangements will stay about the same in the next year.
As the festive season approaches, employers should consider whether they may be held responsible for the actions of their employees at the inevitable social events that will take place.
A useful guide to dismissals, disciplinaries and capability, examining the relevant legislation, the duties of the employer, and the rights of the employee.
There are times when an organisation may need to undertake a reorganisation for the needs of the business or may need to reduce staffing levels.
Most employers wish to protect their confidential information, customer and client details or other information about their business, especially with departing employees. One of the ways to do this is for employers to insert clauses into contracts of employment, usually for senior employees or those with unfettered access to such information, which seek to restrict the conduct and activities of that individual after the termination of their employment.
The employment relationship may end for a variety of reasons. Some terminations are highly contentious and the process may entail a period of intense negotiation.
An individual can be an employee, a worker, a volunteer or self-employed. This status will determine the rights and responsibilities that individuals and organisations owe each other in the working relationship.
The Working Time Regulations 1998 (“WTR”) provide some important rights for all workers in the UK (apart from the genuinely self-employed who are working on a business-client basis, and certain narrow categories of workers who are exempt from some provisions).
Disputes between directors, shareholders and business partners can raise a whole range of legal issues. William Garnett outlines the issues that may arise.
In light of the increased remuneration and seniority it is common that executive service agreements will contain a significantly greater number of contractual terms than a standard contract of employment. William Garnett outlines the issues that will be of significant importance.
There are a number of different types of partnerships recognised in English law, including Partnerships at will and Partnerships that fall under the Partnership Act 1890, but the most frequently created are Limited Liability Partnerships (“LLPs”).
Increasingly staff employed by entities in the UK work overseas. Where this happens, it is important to note that the statutory employment rules in the country where the employee works will be likely to apply and bind the UK based entity. These will often be different to those applicable in the UK and could be more onerous. Paul Seath outlines factors to consider when employing staff outside of the UK.
All employees must have a written contract of employment, which must contain certain minimum information. However, parties can (and should) carefully consider what other terms they want to include in their employment contracts. Whilst such terms are optional, they provide clarity and structure to the employment relationship.