Gender Pay Gap Reporting – Regulations Delayed

We have previously reported on the forthcoming obligation to carry out gender pay gap reporting.  This applies to businesses employing over 250 employees.  The draft Regulations were published in February 2016, so we already have a good idea of what to expect.  However, the final Regulations, which were expected to be published and implemented in October 2016, have now been delayed.  The new…

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Gender Pay Reporting

The Government has now published the Draft Equality Act 2010 (Gender Pay Gap Information) Regulations 2016 which will impose gender pay reporting requirements on larger UK employers.  For this firm’s briefing on the proposed new obligations, and for how you can start preparing for this now, see our briefings page .

What to Expect in 2016

A number of employment law changes are on their way this year.  Here are a few things to look out for: Statutory payments: The Government has confirmed that there will be no increases to Statutory Maternity, Paternity, Adoption or Shared Parental Pay, Maternity Allowance or Statutory Sick Pay for the 2016 / 2017 year.  Changes usually come into force in…

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Coming Soon (1st April 2016) – National Living Wage

As part of the July 2015 Budget, the government announced that it would introduce a premium, over and above the National Minimum Wage for workers aged 25 and over. This is known as the National Living Wage.  The government will set the first premium in April 2016 at 50p which will effectively result in a higher minimum wage of  £7.20…

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Data Protection Safe Harbour Declared Invalid

In a ground-breaking decision the European Court of Justice (ECJ) has declared the data protection “safe harbour” to be invalid. Since its introduction, the safe harbour framework has been widely relied upon by companies in the EU to legitimise the transfer of data to the US (for example the transfer of employees’ personal data to US-headquartered parent companies or other group…

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Employee on long term sick leave not “assigned” for TUPE purposes

In BT Managed Services Ltd v. Edwards and another UK EAT/ 0241/14 the Employment Appeal Tribunal has found that an employee who had been absent from work for over five years, and who had no prospect of returning to work, was not “assigned” to an organised grouping for TUPE purposes, and consequently did not transfer under TUPE. The EAT found…

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Expanding the scope of Discrimination Claims

In the case of CHEZ Razpredelenie Bulgaria C-83/14 the European Court of Justice has reached the surprising conclusion that individuals who do not themselves possess a protected characteristic (e.g. sex, age, disability, race) are still able, in certain circumstances, to bring claims for indirect discrimination if they suffer alongside those who do. Indirect discrimination occurs where a seemingly neutral practice…

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Maximum protective award made for failure to collectively consult

Where an employer wishes to make 20 or more employees redundant at a single establishment they must consult collectively with the affected employees either via a recognised union or elected employee representatives. The substance of the consultation must: Be with a view to reaching agreement on avoiding the need for dismissals. Reducing the number of employees to be dismissed. Mitigating…

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