Legal guidance

Legal guidance and commentary.

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  • Analysis of existing and forthcoming employment legislation.
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Latest items in Legal guidance

  • Reasonable adjustments for disabilities: Seven examples for employers

    Date:
    17 September 2019

    The Equality Act 2010 imposes a positive obligation on employers to make reasonable adjustments that will assist disabled individuals. While employers may be familiar with the duty, sometimes it is not straightforward deciding what is "reasonable". We explore some of the key factors as we look at seven situations where adjustments were found to be reasonable.

  • "Something arising" from disability - the stretchiest words of the Equality Act 2010

    Date:
    21 August 2019

    The protection against discrimination arising from disability under s.15 of the Equality Act 2010 is framed to give HR sleepless nights. Jason Braier explains why as he looks at how the courts and tribunals are construing "something arising".

  • Enhanced redundancy protection for pregnant employees and new parents: Overview for employers

    Date:
    21 August 2019

    The Government is pressing ahead with plans to extend the period during which pregnant employees and new parents are entitled to be offered any suitable alternative vacancy if they are being made redundant. We look at how the law will change and the headaches that the amendments could cause for employers.

  • Rehabilitation periods: Changes on the horizon

    Date:
    9 August 2019

    The Government has announced significant reforms to the law on spent convictions and rehabilitation periods. If the proposals go ahead, fewer convictions will have to be revealed to employers and there will be more cases in which they will be unable to refuse employment because of a job applicant's past convictions.

  • Modern slavery statements consultation: How will employers' duties change?

    Date:
    9 August 2019

    The Government is consulting on proposed changes to the duty to publish a modern slavery and human trafficking statement. The proposals aim to improve the quality of reporting under the transparency in supply chains legislation, make it easier for people to compare organisations' reports and increase compliance with the duty.

  • Holiday pay calculation and back payments

    Date:
    8 August 2019

    Consultant editor Darren Newman looks at the latest rulings in a long line of holiday pay cases, including one with significant back-pay implications for Northern Ireland employers. He also explains why the issue of lengthy back-pay periods may not yet be completely resolved for employers in the rest of the UK.

  • Neonatal leave and pay: How would it work?

    Date:
    6 August 2019

    The Government has published its initial plans for the introduction of neonatal leave and pay. This proposed new type of family-friendly leave is in the early stages of development, but what clues does the Government's first consultation provide for employers about how neonatal leave and pay would work?

  • July 2019 employment law announcements: Key proposals for HR

    Date:
    26 July 2019

    July 2019 saw progress made on an unusual number of proposed employment law changes. The Government published consultations covering workplace sexual harassment, statutory sick pay, family-friendly leave and pay, flexibility in working hours, modern slavery statements, and enforcement of worker rights. It also made announcements on changes to the laws on rehabilitation periods for offenders, settlement agreements, and protection against redundancy during pregnancy and maternity leave.

  • Off-payroll working: How IR35 rules affect the private sector

    Date:
    17 July 2019

    Despite a raft of problems concerning IR35 "off-payroll" rules in the public sector, HM Revenue & Customs last week confirmed that from 6 April 2020, the tax regulations extend to the private sector. Caroline Harwood explains how businesses need to prepare.

  • Perceptive discrimination: Four scenarios for employers to avoid

    Date:
    26 June 2019

    The way in which the Equality Act 2010 is drafted means that employers can be liable for "perceptive discrimination", which is sometimes referred to as "discrimination by perception". We explain what this means and set out four example scenarios that HR professionals, line managers and employees should avoid because they might lead to perceptive discrimination claims.

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