Legal guidance

Legal guidance and commentary.

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Latest items in Legal guidance

  • 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.

  • Draft EU employment legislation state of play, June 2019

    Date:
    6 June 2019

    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.

  • 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.

  • Turning up the heat on employees who tweet

    Date:
    10 May 2019

    In the aftermath of Danny Baker's sacking from the BBC this week for tweeting what he later described was an "idiotic" joke about the Duke and Duchess of Sussex's new-born son, Kirsty Cooke investigates how employers should handle their employees' use of social media.

  • Sex discrimination: Should employers that enhance maternity pay also enhance shared parental pay?

    Date:
    7 May 2019

    The Court of Appeal has heard the appeals in Chief Constable of Leicestershire Police v Hextall and Capita Customer Management Ltd v Ali, which considered whether or not it is discriminatory against men for employers to enhance maternity pay but not shared parental pay. We summarise what stage the cases have reached, explain their implications, and highlight some employers that have recently enhanced family-friendly leave.

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