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GT London Law Blog

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Category Archives: Employment law

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The Equality Act (Gender Pay Gap Information) Regulations 2017

Posted in Employment law
Background The final draft of the Equality Act (Gender Pay Gap Information) Regulations 2017 (the Regulations) and accompanying Explanatory Memorandum was published 6 December 2016. Subject to parliamentary approval, the Regulations will come into force 6 April 2017. The Regulations introduce a mandatory gender pay gap reporting requirement for non-public sector employers with at least… Continue Reading

E-update on the Small Business, Enterprise and Employment Act 2015

Posted in Corporate, Employment law
Following our e-update on 23 October 2015, relating to The Small Business, Enterprise and Employment Act 2015 (the Act), certain provisions relevant to UK companies have now come into force. The provisions include the following: Changes to information filed at Companies House  The Act has abolished the requirement for a director or secretary to provide their… Continue Reading

Major Changes Introduced to Corporate Law by the Small Business Enterprise and Employment Act 2015

Posted in Corporate, Employment law
Introduction The Small Business, Enterprise and Employment Act 2015 (the “Act“) received Royal Assent on March 26, 2015 and marks the single biggest change to company law since the Companies Act 2006 (“CA”). It will be phased in over the course of the next 12 months. Although the Act’s title implies that it will only… Continue Reading

Modern slavery reporting obligations – a far reaching initiative

Posted in Antitrust Trade & Regulation, Employment law
In October 2015, reporting requirements under the UK’s Modern Slavery Act will come into force. These obligations apply to all companies that carry on some business in the UK and that have a worldwide turnover in excess of £36m. There is no minimum threshold for the volume of turnover or activity that needs to be… Continue Reading

British Government tells recruitment agencies to look local

Posted in Employment law
The British Government has recently published its response to a consultation on whether recruitment agencies should be banned from advertising vacancies in other European Economic Area (EEA) countries without also advertising them in Great Britain and in English. The present legislation regulating British-based recruitment agencies is silent on where, and in what language, British-based vacancies… Continue Reading

Obesity: Grounds for Unlawful Discrimination?

Posted in Employment law
Written by Dorothé Smits and Johan Nijmeijer. According to Eurostat, during the last decade, the population that is overweight in the European Union (EU) Member States has increased significantly, which has resulted in more than half of the EU population being overweight or obese. Last year the European Court of Justice (ECJ) was asked in a preliminary ruling in… Continue Reading

Limitations caused by obesity may amount to a disability, says Advocate General

Posted in Employment law
Could being overweight classify as a disability for discrimination law purposes? The question recently came before the Advocate General in the European Court of Justice (ECJ). A Danish child-minder brought discrimination proceedings against his former employer after he was dismissed from his role, allegedly on account of his severe obesity which he claimed amounted to… Continue Reading

The Return of Shareholder Activism: The 2014 AGM Season

Posted in Employment law
The 2014 AGM (annual general meeting) season has witnessed high levels of shareholder activism, focused on the emotive issue of executive pay. One of the key issues raised by investors has been the perception of unfettered remuneration committee discretion. In May we witnessed the first defeat for a London listed company in a legally binding… Continue Reading

Pre-employment immigration checks – Government advises ‘clear written procedures’ to avoid race discrimination

Posted in Employment law
Employers have a duty under the Immigration, Asylum and Nationality Act 2006 to prevent illegal working in the UK by carrying out pre-employment immigration checks. However, carrying out such checks on prospective employees who appear not to be British citizens on the basis of their colour or ethnic or national origins risks breaching an employer’s… Continue Reading

Mandatory early conciliation of Tribunal claims – only two months to go

Posted in Employment law
Written by Rob Collier-Wright From 6 May 2014, prospective claimants will be required to enter into a mandatory four-step “early conciliation” procedure aimed at achieving settlement before they can commence proceedings against their employer in the Employment Tribunal (ET). However, employers should be aware of the provisions even sooner, as transitional provisions mean that the… Continue Reading

Government to Crack Down on Miserly Employers

Posted in Employment law
Written by Rob Collier-Wright The UK Government has announced plans this month to bring in new legislation increasing the maximum financial penalty for rogue employers who fail to pay their employees the National Minimum Wage (“NMW”). At present, employers who flout their NMW obligations must make good on arrears, as well as incurring a financial… Continue Reading

TUPE changes expected in January 2014

Posted in Employment law
Written by Rob Collier-Wright under the supervision of Russell Lamb In response to its recent consultation on proposed changes to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”), the Government has published the equally snappily-titled Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2013.  These draft regulations will be laid… Continue Reading

European Parliament passes resolution on gender balance among non-executive directors on listed company boards

Posted in Employment law
The European Parliament passed a resolution to adopt, with certain amendments, the Commission’s proposal for a directive on gender balance among non-executive directors (“NEDs”) of listed companies on 20 November 2013 (the “Resolution”). The Directive would not apply to small and medium-sized enterprises (“SMEs”). The Resolution confirms the Article 4(1) obligation that listed companies, where… Continue Reading

UK Trade Secrets Law – Ex-employee Bites Back in Mosquito Net Case

Posted in Employment law, Intellectual Property & Technology
Written by Luke Dixon | Stephen C. Tupper The UK Supreme Court (the Court) has upheld the Court of Appeal’s earlier decision that an employee of one of the defendants was not liable for misuse of the claimant’s confidential information. This case will be of particular interest to businesses with R&D operations in the UK,… Continue Reading

Holiday Pay Revisited

Posted in Employment law
Written by Naomi Feinstein, Russell D. Lamb and Ailie A. Murray‡ A recent EAT decision has looked at the tricky area of a workers’ entitlement to holiday pay and the ability to carry over holiday from one year to the next. The case considered whether a worker who neither took, nor tried to take, holiday entitlement during… Continue Reading

A recent case finds that employers may dismiss employees for refusal to accept a pay cut, even if the survival of the business isn’t in issue

Posted in Employment law
Written by Naomi Feinstein and Russell D. Lamb The Employment Appeals Tribunal has confirmed that employers may dismiss employees who refuse to accept detrimental changes to terms and conditions without that dismissal being deemed “unfair” – so long as they have acted reasonably. It went on to say that an employer doesn’t necessarily have to… Continue Reading