Legal guidance

Legal guidance and commentary.

This tool includes:

  • Analysis of existing and forthcoming employment legislation.
  • Expert views on employment law developments.

Latest items in Legal guidance

  • From Uber to Deliveroo via Pimlico: The search for clarity on the gig economy

    Date:
    22 June 2018

    The law is being challenged by the gig economy business model to define and classify the terms "self employed" and "worker". How far have the courts got in achieving this amid a welter of recent cases, asks Richard Isham, employment partner at Wedlake Bell LLP?

  • Protection from dismissal on grounds of trade union activities - how far does it go?

    Date:
    21 June 2018

    Consultant editor Darren Newman looks at a recent case in which the Court of Appeal had to consider if, in sharing information from a manager's desk diary, a trade union rep had acted outside the scope of trade union activities for the purposes of the automatically unfair dismissal protection afforded by s.152 of the Trade Union and Labour Relations (Consolidation) Act 1992.

  • Why the BHS v Burchell decision is still relevant 40 years on

    Date:
    21 June 2018

    In 1978, in British Home Stores v Burchell, the Employment Appeal Tribunal outlined several factors that should be considered when deciding whether dismissal for misconduct was fair or unfair. On its 40th anniversary, Fieldfisher's James Medhurst discusses why the case remains relevant today.

  • Employee benefits: don't get caught out when submitting HMRC forms

    Date:
    15 June 2018

    Employers who paid employee expenses or benefits during the 2017/18 tax year have until 6 July to submit their paperwork to HM Revenue & Customs, or they could face significant fines. Nick Bustin from Haysmacintyre explains what employers need to know.

  • How to kick off the World Cup without an own goal

    Date:
    14 June 2018

    With four weeks of World Cup football matches about to kick off, what do employers need to be wary of, and are there ways to use the tournament as a way to bring staff together? Personnel Today rounds up five considerations for employers.

  • So… can employers enhance maternity pay but not shared parental pay?

    Date:
    6 June 2018

    Recent tribunal decisions have provided some guidance on the legalities of offering enhanced maternity but not enhanced shared parental pay. But that does not mean employers avoid the risk of discrimination completely. Elizabeth Marshall and George Fellows explain.

  • Draft EU employment legislation state of play, June 2018

    Date:
    1 June 2018

    This article lists all significant items of employment-related draft EU legislation that are currently in the legislative pipeline, or due to be proposed in the near future. It also shows proposals that have been adopted in the past six months.

  • Successful "discrimination arising from disability" claim in respect of fair dismissal

    Date:
    25 May 2018

    Consultant editor Darren Newman explains how the difference between the test of reasonableness in relation to unfair dismissal and the test for justification in relation to "discrimination arising from disability" led to an interesting - and important - Court of Appeal decision.

  • How should employers respond if the EHRC threatens a gender pay investigation?

    Date:
    24 May 2018

    Annelise Tracy Phillips, senior associate at Burges Salmon, looks at some of the problems enforcing the gender pay gap regulations, and what employers should do next if they have received notice from EHRC of non-compliance.

  • Tier 2 visas: Why employers can't get the skilled labour they need

    Date:
    18 May 2018

    The quota on Tier 2 (General) visas has been reached for several consecutive months, which is causing serious issues for employers that require skilled workers from outside the EU. Charlie Pring from Taylor Wessing describes the current cap level as inflexible and looks at alternative routes employers might take for much-needed talent to gain visas.

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