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Employment Law Journal: March 2017
Lewis Silkin

Samar Shams considers how employers and their advisers should prepare for Brexit, possible restrictions on travel to the US and higher fees to sponsor migrant workers

The meaning of Brexit has changed continuously since the British referendum to leave the EU nine months ago and will continue to do so. This article focuses on how employers can ensure their businesses’ fitness for the future in a shifting immigration landscape.

Keystone Law

Following Lloyd’s of London’s ban on drinking during the working day, Stephen Levinson explains the legal and practical issues surrounding the introduction of a drug and alcohol policy

The decision by Lloyd’s of London to introduce a drinking ban in working hours created worldwide publicity. Perhaps it was the public perception of how business is conducted in the City, outdated though that may be, that caused such interest. The nature of the Lloyd’s decision and the way it was implemented certainly provide some pointers, both positive and negative, for those considering a similar step. The purpose of this article is to provide some guidance to those thinking of amending their current policy or introducing one afresh. This review covers both drink and drugs.

A host of legal decisions, reviews and reports is calling into question the notion that workers such as Uber drivers and couriers are self-employed, writes Natalie Razeen

Frank Field MP, chairman of the House of Commons Work and Pensions Select Committee, did not mince his words when he described the growing gig economy (in which workers are paid by the job, or ‘gig’) as sulphurous and representing to many:

Andrew Taggart, Anna Henderson and Hannah White examine the long-awaited final regulations and draft guidance introducing gender pay gap reporting for large companies

Almost two years after the Small Business, Enterprise and Employment Act 2015 was passed enabling gender pay gap reporting to be introduced, the final form regulations were at last approved by Parliament at the end of January and come into force on 6 April this year. Private sector employers with 250 or more employees will need to take their first snapshot of pay data on 5 April 2017 and publish it no later than 4 April 2018. Similar requirements (not covered by this article) apply to public sector employers, but with a first snapshot date of 31 March 2017. On 29 January 2017, Acas and the Government Equalities Office (GEO) jointly published non-statutory guidance (stated to be in draft pending parliamentary approval for the regulations, but no substantive changes are expected).

In light of recent case law, Stephen Ravenscroft and Sarah Taylor discuss the importance of using clear wording when drawing up a settlement agreement

Settlement agreements are a very useful tool for an employer. They normally draw a line under the employment relationship and provide certainty that an employee will not bring any employment-related claims. Such an agreement is often used to reach a full and final settlement of any claims which the employee has or may have arising out of the employment and its termination, subject to certain exceptions such as claims for personal injury or accrued pension rights.

A recent decision highlights the importance of limiting the scope of mobility clauses to what is reasonable, report Nicola Ihnatowicz and Anna Scott

The Employment Appeal Tribunal (EAT) has considered the use of mobility clauses in redundancy situations in the recent case of Kellogg Brown & Root (UK) Ltd v Fitton and Ewer [2016]. The decision makes it clear that although using a mobility clause may enable an employer to avoid dismissing employees for redundancy, the manner in which it is exercised must be reasonable.

Nikeeta Mahay rounds up recent case law and developments affecting employers and their advisers