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

  • 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.

  • Risk assessing relationships: Time to review employment contracts

    Date:
    11 May 2018

    With major changes to employment status likely on the horizon and a growing proportion of the workforce operating within the gig economy, employers must ensure that they risk assess their relationships sooner rather than later. Michael Hibbs explains.

  • GDPR and payroll: 10 points to consider on personal data

    Date:
    10 May 2018

    Handling payroll by its very nature requires processing a lot of personal data on employees. What actions do HR and payroll professionals need to take before the GDPR comes in at the end of this month? Anita Hawser from payments company Modulr explains.

  • How will the GDPR affect the processing of employee health information?

    Date:
    4 May 2018

    With the GDPR due to come into effect later this month, HR departments need to be careful when processing data relating to an employee's health - even if they have the employee's consent to do so. Ruth Christy and Nicola Rochon explain what employers should do.

  • Draft EU employment legislation state of play, May 2018

    Date:
    3 May 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.

  • What are the legal rights of agency workers?

    Date:
    2 May 2018

    Hot on the heels of new Acas guidance for agency workers, Charlotte Allery, solicitor at Coffin Mew, provides an overview of the guidance and a reminder of their key legal rights.

  • Home Office compliance visits: how can employers prepare?

    Date:
    30 April 2018

    Compliance visits to holders of Tier 2 sponsor licences are on the rise and employers must have their house in order - otherwise they could face having their licence revoked or downgraded. Vikki Wiberg of Taylor Wessing LLP explains how they should prepare.

  • TUPE: Establishing reason for dismissal is not always clear cut

    Date:
    30 April 2018

    Does an employee who is let go shortly before a transfer of business always qualify for automatic unfair dismissal? Dr John McMullen from Wrigleys Solicitors considers a recent case that went to appeal.

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