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Mark Kaye and Charlie Bowden examine the impact of a recent Upper Tribunal decision on the tax treatment of payments for injury to feelings ‘The decision to separate pecuniary and non-pecuniary loss was the wrong interpretation of s401. The sole factor to consider is whether a payment is made in connection with termination of employment.’ …
Continue reading "Termination Payments: A taxing issue for employers"
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A recent Norwegian working time case shows how the UK could still be bound by employment directives even if it leaves the EU, explain Karen Harvie and Kenny Scott ‘Following any exit, the UK would still (at least initially) retain membership of, or be bound by, a whole swathe of conventions and obligations, which would …
Continue reading "EU Referendum: Breaking up is hard to do"
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Catherine Rayner investigates the draft legislation on recouping termination payments from workers returning to the public sector ‘The draft regulations are complicated and understanding them is not helped by the need to cross reference them against numerous other pieces of legislation.’ Draft regulations on recovering exit payments made to public sector employees, contractors and office …
Continue reading "Public Sector Exit Payments: Clawback confusion"
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Jennifer McGrandle analyses a recent EAT decision on who the correct comparator is when seeking to demonstrate less favourable treatment ‘RBS may struggle to justify its treatment of Mr Donkor given that the significant additional cost of his enhanced pension seems to have been the driving force behind the decision not to offer him the …
Continue reading "Age Discrimination: Spot the difference"
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Paul McGrath and James Noble discuss the aspects of the new European General Data Protection Regulation of particular interest to employment law practitioners and in-house counsel ‘While 2018 may feel like a long way away, organisations will want to start preparing now. Adopting a multi-layered approach to compliance is key.’ After four years of negotiation …
Continue reading "Data Protection: Tougher EU rules on the horizon"
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Three recent cases highlight some of the tricky situations that employers face when dealing with employees who have a disability, reports Rachel Farr ‘The Government Equalities Office (GEO) has published guidance on matters to be taken into account in determining questions relating to the definition of disability, which contains examples of normal day-to-day activities.’Disability is …
Continue reading "Disability Discrimination: A minefield for employers"
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Alexandra Beidas and Jillian Naylor summarise the latest moves to improve accountability and discourage excessive risk taking in the banking sector ‘Whistleblowing disclosures made to the FCA have already increased significantly in recent years, from 565 in 2012 to 1,376 in 2014. The new regime is likely to mean that the number of disclosures, both …
Continue reading "Financial Services: The crackdown continues"
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Charlotte Davies considers the current and future landscape for flexible working and family-friendly rights at work ‘The existing and proposed changes to the law perhaps indicate a shift in culture in the UK. We are increasingly seeing companies place more emphasis on work-life balance, including the introduction of voluntary measures to help achieve this.’Recent years …
Continue reading "Flexible Working: Tipping the balance"
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Phil Allen looks at three recent cases in which the claimants argued their dismissal was unfair because they were treated more harshly than a colleague involved in the same incident ‘In practice, it can be very difficult to identify circumstances that are sufficiently comparable to require the same sanction, as opposed to those where slightly …
Continue reading "Unfair Dismissal: Are tribunals being consistent about consistency?"
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Important aspects of proposed new rules for the financial sector on providing job references could be unworkable as they currently stand, warns Stephen Levinson ‘On the one hand, the proposed rules say any information that may be relevant to whether an individual is fit and proper should be disclosed but, on the other, suggest that …
Continue reading "References: Banking on a new code"
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