Legal guidance

Legal guidance and commentary.

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

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Latest items in Legal guidance

  • 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.

  • Associative discrimination: Four scenarios for employers to look out for

    Date:
    26 June 2019

    The wording of the Equality Act 2010 means that employers can be liable for "associative discrimination", which is sometimes referred to as "discrimination by association". We explain the concept and set out four example scenarios that HR professionals, line managers and employees should avoid because they might lead to claims of associative discrimination.

  • No requirement to match enhanced maternity pay with enhanced shared parental leave pay

    Date:
    25 June 2019

    Consultant editor Darren Newman examines the recent Court of Appeal decision that puts paid - for now at least - to the argument that employers that offer enhanced maternity pay must offer the equivalent for employees on shared parental leave.

  • IR35: Will the private sector learn the hard way?

    Date:
    24 June 2019

    Aspects of the IR35 tax legislation, particularly the tests to determine people's tax status, have proved unpopular and many are anxious about its roll out for private sector organisations next year. Ranjit Dhindsa and Matthew Sharp of Fieldfisher explain the issues.

  • Whistleblowing v grievance: how should sexual harassment be raised?

    Date:
    20 June 2019

    Following high-profile allegations of sexual harassment by staff, employees are now more empowered to speak up about inappropriate behaviour than ever before. But how they raise their complaint also dictates how an organisation should handle it. Catherine McGrath explains.

  • Seven million reasons not to cheat on competition

    Date:
    11 June 2019

    For many, the notion of a cartel may conjure up images of Columbian drug barons, but UK businesses need to be aware of how a cartel can be established. HR, explains Lucy Robbins, can play a valuable role in tackling them.

  • GDPR: Managing privacy is now key to mergers and acquisitions

    Date:
    24 May 2019

    This weekend marks a year since the introduction of the General Data Protection Regulation. Tim Bird examines how worrying gaps in data protection could be hampering the growth of many promising businesses.

  • How to use anti-discrimination policies more successfully

    Date:
    21 May 2019

    Tolerance of discrimination at work is arguably at an all-time low. But if employers want to escape vicarious liability for the discriminatory acts of their employees, they need to do more than just have policies in place, argues Shoshana Bacall.

  • How to navigate managers regime, GDPR and criminal records checks

    Date:
    10 May 2019

    There are major data privacy implications of criminal records checks made necessary by the Senior Managers and Certification Regime, an issue that will affect about 50,000 firms in the financial services sector from 9 December 2019 onwards. Solicitors David Palmer and David Lorimer examine how compliance and HR teams can help meet businesses' obligations under both the GDPR and SMCR.

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