Private Sector Needs to Operate New IR35 Rules for Contractors from April 2020

In the October 2018 Budget the Chancellor confirmed that with effect from 6 April 2020 private sector businesses that engage contractors who supply services through an intermediary business (such as a personal service company) will be responsible for determining whether the IR35 rules apply. If the rules do apply, the entity paying the intermediary’s fees (the “Client”) will be responsible…

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Ethnicity Pay Gap Reporting

The Government has just launched a consultation on mandatory ethnicity pay reporting for employers. The consultation closes on 11 Jan 2019. See here for more information and an opportunity to respond to the consultation. https://www.gov.uk/government/consultations/ethnicity-pay-reporting

Liability for the Acts of “Rogue” Employees

The test for whether an employer can be found vicariously liable for acts of an employee is whether the employee is acting “in the course of their employment”, and whether the specific events are so closely connected with the employment that it would be fair and just to hold the employer vicariously liable. In the case of WM Morrison Supermarkets…

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Employer vicariously liable for MD’s drunken assault

The key test in establishing whether an employer can be found liable for acts of an employee is whether the employee is acting “in the course of their employment”.  The test is whether the specific acts are “so closely connected with the employment that it would be fair and just to hold the employer vicariously liable”. In the recent case…

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Employment References – New ACAS Guide

The giving of employment references can sometimes cause tensions for employers. Although there is usually no legal obligation to provide a reference (except in certain regulated professions), if you do provide a reference you have a duty to both the subject and the recipient to ensure it is true and not misleading. It is also advisable to handle reference requests…

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Confusion over Gender Pay Gap

A YouGov survey has revealed that almost two thirds of the British public are unaware of what the gender pay gap is. The survey of 1,640 adults asked whether they thought the gender pay gap was “women as a whole being paid less on average than men as a whole” or “women being paid less than men for doing the…

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Bereavement Leave – progress

The Parental Bereavement (Leave and Pay) Act 2018 has now received Royal Assent.  This provides a right to two weeks of time away from work to those employees who lose a child under 18.  The detail has yet to be confirmed.  Supporting regulations to deal with the finer detail, including pay arrangements, are expected by early 2020 when the legislation will…

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Changes to National Minimum Wage enforcement in TUPE cases

HMRC has confirmed that with effect from 2 July 2018, where there has been a TUPE transfer of staff from one employer to another, all National Minimum Wage liabilities, including the full penalty amount, is to be applied to the new employer.  Historically, HMRC charged the former employer all or part of such penalties where the failure related to pre-transfer activities. …

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100% of UK employers publish gender pay gap data

According to a press release from the Government Equalities Office, all UK employers in scope of gender pay gap reporting requirements have now published their data. Under regulations that came into force in April 2017, all employers with over 250 employees are required to publish their gender pay gap data.  All 10,000 UK employers that the Government has identified as…

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