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

  • 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.

  • Morrisons data leak: implications for employers

    Date:
    2 May 2019

    As Morrisons is granted permission to appeal its vicarious liability case, where a rogue employee leaked its employees' personal data, James Castro-Edwards examines the impact it has in light of the General Data Protection Regulation (GDPR).

  • Draft EU employment legislation state of play, May 2019

    Date:
    1 May 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.

  • Can employers carry out covert surveillance on staff?

    Date:
    29 April 2019

    Even if an employer is confident that theft or other offences are taking place in the workplace there are plenty of factors to consider before surveillance cameras are installed, writes Louise Lawrence, looking at how UK law ties in with European law.

  • Calculating holiday entitlement for term-time workers: is there a simple answer?

    Date:
    26 April 2019

    In light of new guidance for local government employers on term-time workers, consultant editor Darren Newman looks for a simple way to calculate the holiday entitlement of employees who work only during school terms.

  • Outsourcing: How the IWGB nearly overturned collective bargaining rules

    Date:
    18 April 2019

    Last month the High Court dismissed a case which claimed outsourced workers should be able to negotiate pay and conditions for the organisations they work for. Tom Long, legal director and employment law specialist at law firm Shakespeare Martineau, looks at what impact the case could have had, had it been successful.

  • Shared parental leave and pay - equalising opportunities?

    Date:
    17 April 2019

    With reports citing that only 1% of those eligible took a period of shared parental leave in 2018, it is easy to overlook the potential value that SPL can offer. Colin Godfrey provides a refresh of how shared parental leave and pay works and looks at how some employers are trying to stop the scheme being a flop.

  • How does the Government plan to cap public-sector exit payments?

    Date:
    15 April 2019

    The Government is consulting on capping public-sector exit payments at £95,000. We look at the detail of the proposals and how they could affect redundancies and reorganisations in the public sector.

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