Employment, Labour & Equalities - Gowling WLG

It's been another busy year for employment law, with COVID-19 continuing to dominate 2021. 'No jab, no job' and 'hybrid working' were the buzz phrases of the year, replacing 'homeworking' and 'furlough' from 2020, although homeworking is making a last minute sprint finish as we approach the end of December. The modern workplace is continuing to evolve and uncertainty remains, with new COVID-19 variants emerging and Government announcements being made. But as the year draws to a close, our Employment team encourages you to sit back in front of the telly with a light heart (well, as much as one can muster in the midst of a global pandemic at least) and reflect on this past year's notable cases with our annual review. Read our employment case law picks from the last 12 months and find out what came out on top in our 2021 awards: https://gowlg.co/3yUDwqo Subscribe... YouTube: https://bit.ly/2VhOhU6 Spotify: https://spoti.fi/3kgiDzZ We regularly talk about a broad range of topics that may be of interest to you. Register for an account on our website to receive our latest articles, podcasts and webinars: https://gowlg.co/3lhcJPy Follow us on... LinkedIn: https://bit.ly/2WRdHsN Twitter: https://bit.ly/3n3Zljn Facebook: https://bit.ly/3zOyQlf

A widespread implementation of post-pandemic hybrid working models is changing what employers and employees require from their office spaces.  With most people looking to continue spending at least some of their time working from home, but employers still recognising the benefits of being in the office, flexibility is a key priority. In this final episode of our Return to the Office podcast series, Real Estate partner Felicity Lindsay joins Anna Fletcher to discuss what the future may hold for offices and how the role of a physical workplace will continue to change. Find out more about our Employment team here: https://bit.ly/2XSPsbD We regularly talk about a broad range of topics that may be of interest to you. Register for an account on our website to receive our latest articles, podcasts and webinars: https://bit.ly/2VrbZKR This podcast may contain information of general interest about current legal issues, but does not give legal advice.

While some employers will be expecting employees to be back in the office full-time once the UK's pandemic restrictions have lifted, many will look to adopt a hybrid working model, where employees' time is split between home and the office. While these hybrid models will vary from business to business, there are some considerations that all employers will need to make in relation to tax for this new way of working – such as tax relief, travel costs and expenses. In this the second episode of our 'Return to the Office' podcast series, Anna Fletcher is joined by corporate finance and tax partner Zoe Fatchen to discuss the tax issues employers should be thinking about in a post-pandemic workplace. Find out more about our Employment team here: https://bit.ly/3bi5e5F  We regularly talk about a broad range of topics that may be of interest to you. Register for an account on our website to receive our latest articles, podcasts and webinars: https://bit.ly/3tEjT1f 

Health and safety has always been a priority for employers, but it's never been more important than now. With COVID-19 restrictions lifting and employees slowly making their return to the office, there are new considerations and issues that employers need to take into account to ensure that their workplaces are COVID-safe. And the implications of getting this wrong could be severe. In this second episode of our 'Return to the Office' podcast series, Anna Fletcher is joined by partner and Health & Safety expert, Andrew Litchfield, to discuss everything that employers need to know to ensure that their return to the workplace runs smoothly and safely. Find out more about our Employment team here: https://bit.ly/2XSPsbD We regularly talk about a broad range of topics that may be of interest to you. Register for an account on our website to receive our latest articles, podcasts and webinars: https://bit.ly/2VrbZKR This podcast may contain information of general interest about current legal issues, but does not give legal advice.

With the end of COVID-19 restrictions in sight, many businesses and their employees will be returning to the office within the next few months. While some employers will expect their workforce to be back full-time, others will adopt a hybrid way of working with employees' time split between the office and home. This presents an array of challenges and issues that employers need to prepare for to ensure safety in the workplace, as well as business continuity. This podcast series, brought to you by Gowling WLG's Employment team, discusses the key issues and how employers should address them to make sure their return to the office runs smoothly. In this first episode, legal director Anna Fletcher is joined by partner Jocelyn Paulley from our Data Protection team. Jocelyn will be discussing the key considerations that employers need to focus on in terms of data protection compliance in this new workplace and how to make sure that confidential information remains secure. Find out more about our Employment team here: https://bit.ly/2XSPsbD We regularly talk about a broad range of topics that may be of interest to you. Register for an account on our website to receive our latest articles, podcasts and webinars: https://bit.ly/2VrbZKR This podcast may contain information of general interest about current legal issues, but does not give legal advice.

Getting to grips with the changes that have been brought in as a result of the Senior Managers and Certification Regime (SMCR) for all FCA regulated businesses is not easy. In a series of six podcasts, we've brought together our employment and financial regulation experts to simplify this area and explain clearly what those working within legal, risk, compliance, HR and operations need to think about at each stage of the employment cycle when it comes to complying with the SMCR. In this sixth episode, we cover the ever present question of culture. Find out more about our Employment team here: https://bit.ly/2IoZ8EV  We regularly talk about a broad range of topics that may be of interest to you. Register for an account on our website to receive our latest articles, podcasts and webinars: https://bit.ly/2GY8N4X

Getting to grips with the changes that have been brought in as a result of the Senior Managers and Certification Regime (SMCR) for all FCA regulated businesses is not easy.  In a series of six podcasts, we've brought together our employment and financial regulation experts to simplify this area and explain clearly what those working within legal, risk, compliance, HR and operations need to think about at each stage of the employment cycle when it comes to complying with the SMCR. This is a bonus episode where we discuss running an effective investigation in an SMCR context. 

Getting to grips with the changes that have been brought in as a result of the Senior Managers and Certification Regime (SMCR) for all FCA regulated businesses is not easy.  In a series of six podcasts, we've brought together our employment and financial regulation experts to simplify this area and explain clearly what those working within legal, risk, compliance, HR and operations need to think about at each stage of the employment cycle when it comes to complying with the SMCR. In this fifth episode, we cover the importance of wellbeing in creating a healthy culture. Missed the first episode? Listen to 'The employment lifecycle through a SMCR lens: Recruitment', in which we start at the beginning of the SMCR cycle, exploring all things recruitment: https://bit.ly/2SSgbBx Find out more about our Employment team here: https://bit.ly/2IoZ8EV  We regularly talk about a broad range of topics that may be of interest to you. Register for an account on our website to receive our latest articles, podcasts and webinars: https://bit.ly/2GY8N4X

Getting to grips with the changes that have been brought in as a result of the Senior Managers and Certification Regime (SMCR) for all FCA regulated businesses is not easy.  In a series of six podcasts, we've brought together our employment and financial regulation experts to simplify this area and explain clearly what those working within legal, risk, compliance, HR and operations need to think about at each stage of the employment cycle when it comes to complying with the SMCR. In this fourth episode, we cover the issues that might arise on termination of employment.

Getting to grips with the changes that have been brought in as a result of the Senior Managers and Certification Regime (SMCR) for all FCA regulated businesses is not easy.  In a series of six podcasts, we've brought together our employment and financial regulation experts to simplify this area and explain clearly what those working within legal, risk, compliance, HR and operations need to think about at each stage of the employment cycle when it comes to complying with the SMCR. In this third episode, we cover the topical issue of whistleblowing. Find out more about our Employment team here: https://bit.ly/2IoZ8EV  We regularly talk about a broad range of topics that may be of interest to you. Register for an account on our website to receive our latest articles, podcasts and webinars: https://bit.ly/2GY8N4X

Getting to grips with the changes that have been brought in as a result of the Senior Managers and Certification Regime (SMCR) for all FCA regulated businesses is not easy.  In a series of six podcasts, we've brought together our employment and financial regulation experts to simplify this area and explain clearly what those working within legal, risk, compliance, HR and operations need to think about at each stage of the employment cycle when it comes to complying with the SMCR. In this second episode, we shine a light on the issues that can arise during the employment relationship. Missed the first episode? Listen to 'The employment lifecycle through a SMCR lens: Recruitment', in which we start at the beginning of the SMCR cycle, exploring all things recruitment: https://bit.ly/2SSgbBx Find out more about our Employment team here: https://bit.ly/2IoZ8EV  We regularly talk about a broad range of topics that may be of interest to you. Register for an account on our website to receive our latest articles, podcasts and webinars: https://bit.ly/2GY8N4X  

This podcast series will shine a light on the issues from a SMCR perspective that might arise at each stage in the employment cycle.  Our first podcast starts at the beginning of that cycle looking at recruitment. 

Gender reassignment in the workplace is a complex issue which requires careful and sensitive handling by employers. Liz Wood and Siobhan Bishop discuss who is protected, examples of discrimination, Gender Recognition certificates and how to calculate pension entitlement. 

Menopause and other non-visible conditions can be difficult for employees and employers to deal with in the workplace. Vivienne Reeve and Siobhan Bishop discuss the impact on employees, policies, whether the symptoms may amount to a disability and best practice to encourage a supportive workplace.

What employment law changes are coming down the tracks in 2020 and beyond? Anna Fletcher and Siobhan Bishop discuss the Good Work Plan, future employment law changes will what they mean for organisations.

We look at the latest whistleblowing developments in the Jhuti case and its impact on disciplinary and grievance hearings and policies and training. Simon Stephen and Siobhan Bishop also discuss developing a good whistleblowing culture, overcoming obstacles and putting whistleblowing at the heart of corporate governance and risk management.

Our legal team provides the Employment Essentials: 5 Lessons from November 2019.

Our legal team provides the Employment Essentials: 5 Lessons from October 2019.

The historic Supreme Court hearing and judgment on the proroguing of Parliament was hands down the case of the month. Despite the continuing Brexit uncertainty, employment law developments continue. Gowling WLG's employment, labour & equalities experts bring you the latest top five employment law developments that may affect your business.

August is traditionally a quiet month for legal developments as Parliament and the Senior Courts' judges are on their summer holidays. Nevertheless, employment law developments continue. This month our pick of the latest developments and how they might impact your business are: Holiday Pay for term-time only workers not subject to pro rata reduction Whistleblowing: expanding protection to anticipated protected disclosures Data Protection GDPR: Employer in Greece fined €150,000 for incorrectly relying on 'consent' to process employee data Data Subject Access Requests: time limits Constructive unfair dismissal: the importance of getting your pleadings right Cycle to work schemes & cycling inspired management tips.

August is traditionally a quiet month for legal developments as Parliament and the Senior Courts' judges are on their summer holidays. Nevertheless, employment law developments continue. This month our pick of the latest developments and how they might impact your business are: Holiday Pay for term-time only workers not subject to pro rata reduction Whistleblowing: expanding protection to anticipated protected disclosures Data Protection GDPR: Employer in Greece fined €150,000 for incorrectly relying on 'consent' to process employee data Data Subject Access Requests: time limits Constructive unfair dismissal: the importance of getting your pleadings right Cycle to work schemes & cycling inspired management tips Read the full employment essentials insight.

We discuss the recent developments in the National Minimum Wage arena and how they affect your organisation. Jane Fielding and Siobhan Bishop also cover the risks, enforcement and some of the tricky issues when calculating the NMW in practice.

In this podcast we discuss drafting employment contracts, focusing on some of the tricky issues at the start and end of the employment relationship. We cover how to avoid the pitfalls with references, contract variation, termination and bad leavers clauses.

It is one year into the GDPR regime but what are the next steps for organisations? We discuss the developments over the last year, the lessons to be learned and what priorities employers should concentrate on next.

Our Employment Labour & Equalities team picks a fresh five lessons  for July from the month's judgments and the plethora of announced proposed future legislation changes announced in the final days of Theresa May's premiership.

In this podcast we discuss the IR35 changes coming in April 2020. We cover HMRC's response to the consultation, what we can learn from IR35 in the public sector and how private sector organisations can prepare now.  

Restrictive covenants are a key tool for organisations to protect the business when an employee leaves. However, it is vital the drafting goes no further than reasonably necessary to protect a legitimate business interest. If they are drafted too widely, they are unenforceable. Martin Chitty and Siobhan Bishop discuss the landmark case of Tillman v Egon Zehnder and the practical implications for drafting and enforcing restrictive covenants.

Gowling WLG's employment, labour & equalities experts bring you the top five employment law developments from June 2019 that may affect your business. Here are our five significant employment law developments you should be aware of this month - what they are and how they might impact your business. Disability discrimination: perceived disability, progressive conditions & meaning of day-to-day activities Changing terms and unionised workforces Holiday pay & overtime revisited Right to privacy and use of personal e-mails in decision to dismiss Reinstatement and re-engagement orders do not impose an absolute obligation on the employer to do so Read the full insight.

Gowling WLG's employment, labour & equalities experts bring you the latest top five employment law developments that may affect your business. Here are our five significant employment law developments you should be aware of this month - what they are and how they might impact your business. Employers are not required to match enhanced maternity pay for fathers taking shared parental leave Working time: Employers must have a system for measuring daily working hours of their workers Disability discrimination: knowledge of disability Disability discrimination: Withdrawal of overseas job posting due to health concerns NOT disability discrimination Unfair dismissal and religious proselytizing Read the full employment essentials insight.

Gowling WLG's experts bring you five significant employment law developments you should be aware of this month - what they are and how they might impact your business Disability discrimination: reasonable adjustments and employer's failure to follow its own stated policy. TUPE: on employer's insolvency arrears of equal pay can be claimed from the NIF with liability for excess passing to transferee. Vicarious liability: employer not liable for injury at work's party. Government resurrects plans for cap on public sector exit payments. Discrimination - injury to feelings award bands uprated.

Gowling WLG's employment, labour & equalities experts bring you the latest top five employment law developments that may affect your business. Here are our five significant employment law developments you should be aware of this month - what they are and how they might impact your business Court of Appeal guidance on use of suspensions Misconduct subject to police investigation Rest breaks under the Working Time Regulations Discrimination arising from disability The numbers to know - April changes to compensation limits and statutory pay rates

This podcast covers how the recent TUPE case law has developed over the past year, focusing on 3 TUPE cases which deal with some of the most common scenarios which occur in practice. We consider the impact of the  cases on organisations in terms of dealing with transactions and employees in a TUPE context. 

Gowling WLG's employment, labour & equalities experts bring you the latest top five employment law developments that may affect your business. Direct Discrimination: comparators and 'material difference' TUPE: Dismissal ostensibly for dysfunctional working relationship was TUPE-related Trade union statutory recognition: admissibility assessed at date of CAC decision Whistleblowing: complaint about false rumours potentially a qualifying disclosure Equal pay: Asda claimants overcome corporate structure hurdle

Approximately 1 in 5 of the working population has a disability according to statistics produced by the Department of Work and Pensions. In this podcast we focus on some of the issues concerning the working population with disability and how employers should respond both in terms of encouraging an inclusive workforce and making reasonable adjustments at work.  We cover the Government's position, guidance for employers, the triggers for making reasonable adjustments and how employers can support employees. 

What to expect in 2019?  Which employment law changes are coming into force in 2019? Which 2020 legislative changes do employers need to make plans for? Which 2019 court decisions will change the employment law landscape? Despite Brexit's near monopoly of Parliamentary and legislative draftsmen's time, the Government did find time to publish its 'Good Work Plan' in December. The plans set out are more a tweak of employment laws over the next two years rather than a major reform. Nevertheless, it does offer some real improvements aimed at protecting more vulnerable workers. In our first podcast of 2019, and accompanying article, we discuss 2019's hot employment law topics that employers need to have on their radar.

Although Brexit has been and remains top priority for the legislative draftsmen, the tribunals and courts have brought us significant employment and equalities legal developments. For now, we leave the Brexit uncertainty aside and instead reflect on our pick of the 2018 employment cases and developments to remember.

This month Gowling WLG's employment, labour & equalities experts discuss their pick of November's top five employment law developments that may affect your business: Unfair dismissal & employees entitled to PHI payments Disability discrimination & excluded conditions Holiday leave: use it or lose it? Non-disclosure agreements remain in the spotlight April 2019 increases to statutory pay rates announced

Gowling WLG's employment, labour & equalities experts pick October's top five employment law developments that may affect your business. Budget 2018 Employment implications: the what and when Whistleblowing: NEDs personally liable to whistleblower for post dismissal losses Employer's vicarious liability in the 21st century Disability discrimination: job description not in itself a PCP Consultation on ethnicity pay reporting

Gowling WLG's employment, labour & equalities experts bring you the latest top five employment law developments that may affect your business from a continuing rise in tribunal claim numbers to a galaxy far, far away… Tribunal claim numbers beginning to return to pre-fees levels Victimisation and the bad faith defence Only temporary workers protected under the AWR Post transfer change held not related to the transfer A reference from a galaxy far, far away…

There was a significant change to the tax treatment of payments in lieu of notice on 6 April 2018. This podcast looks at the effect of the post-employment notice pay (PENP) change, the impact on the £30,000 tax free exemption and other tax developments. What should employers be doing? What do employers need to be aware of and what are the pitfalls?

This podcast focuses on some of the issues and risks surrounding sexual harassment in the workplace, especially in light of publicity around allegations of sexual harassment by senior individuals, recent social media campaigns and non disclosure agreements (NDAs).

Gowling WLG's employment, labour & equalities experts bring you the latest top five employment law developments that may affect your business. Sleeping on the job & NMW take 2 Beyond belief: commercial concern not a philosophical belief Vanishing act: successful internal appeal makes dismissal vanish, but take care in communicating decision Time shifting: when do statutory notice periods need to be added to qualifying service for an unfair dismissal claim? Home Office launches toolkit for employers to support EU Settlement Scheme

In this podcast we are discuss some of latest developments in unfair dismissal from the initial stages of suspension, right through the investigation and ultimately to dismissal.

There are some tricky issues relating to recruitment arising out of the introduction of the new GDPR rules, which came into force on 25 May 2018. This podcast looks at the impact of the GDPR on pre-employment medicals, criminal convictions and equal opportunities monitoring.

Gowling WLG's employment, labour & equalities experts bring you the latest top five employment law developments that may affect your business. 'Mutuality of obligation' and employment status – what does it matter? Whistleblowing: what amounts to disclosure of 'information' Dismissing an employee for failing to prove a continued right to work and the right to appeal Suspensions and zero-hour contracts: avoid an own goal Misconduct does need to necessarily amount to gross misconduct for a fair dismissal

In City of York Council v Grosset, the Court of Appeal has explored the nature of discrimination arising from disability and how it fits with both unfair dismissal and the duty to make reasonable adjustments.

In May we have another significant development in the growing body of case law concerning discrimination arising from disability increasing the potential for employers to fall foul of this legal concept, a reminder of where we are now on third party harassment, dress codes and zero hours contracts and of course the most 'e-mailed' about legal development of recent years, the coming into force of the GDPR. Here, our employment law experts bring you the key developments from May and explain how they might impact your business. Discrimination arising from disability: knowledge of consequences of disability not required Government guidance on dress codes a bit too back to basics. Can an employer's inaction in the face of third party harassment itself amount to harassment? Zero-hours employee employed on 'same type of contract' as full-time comparator? The GDPR and new Data Protection Act 2018 have arrived.

Our monthly Employment Essentials insight is here. Here are our five significant employment law developments you should be aware of this month – what they are and how they might impact your business. Do employers need to match enhanced maternity pay for fathers taking Shared Parental Leave? Uncertainty continues When does contractual notice of termination served by post take effect? Employer imposed contractual changes: the difficulty of relying on implied acceptance Clarification of ACAS early conciliation 'stop the clock' provisions Right to itemised pay statements to be extended to all workers

Gowling WLG's employment, labour & equalities experts bring you the latest top five employment law developments that may affect your business.

Gowling WLG's employment, labour & equalities team discuss the five significant employment law developments from February.

There is a double edged sword in whistleblowing claims. A co-worker who has victimised a colleague may be personally liable and employers can be vicariously liable where their employees victimise a whistleblowing colleague. Our podcast focuses on detriment claims in a whistleblowing context and how this is having a more significant impact than expected. We also discuss the steps employers and individuals can take to protect against legal claims.