Legal guidance

Legal guidance and commentary.

This tool includes:

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

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Latest items in Legal guidance

  • Outsourcing: How the IWGB nearly overturned collective bargaining rules

    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?

    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?

    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.

  • Menstruation: Is period pain a disability?

    12 April 2019

    Many men and women still view menstruation as a taboo topic and feel uncomfortable talking about periods, even though they affect 51% of the UK population at some point in their life. Natalie Taylor looks at whether period pain can constitute a disability and at ways employers can support women with more severe symptoms.

  • Positive action in recruitment: Cost of getting it wrong

    11 April 2019

    While positive action in recruitment is laudable, and to be encouraged as a means of overcoming disadvantage and low participation, employers need to think very carefully about how they go about it, because if they make mistakes the cost may be high. Jason Braier explains why.

  • Why auto-enrolment should always be on HR's to do list

    10 April 2019

    Pensions auto-enrolment might not be the most exciting HR topic but, as Angela Sharma explains, it should never be far from the top of any HR list of things to do.

  • Draft EU employment legislation state of play, April 2019

    4 April 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.

  • National minimum wage: What are employers getting wrong?

    1 April 2019

    Two decades after its introduction, many employers are still getting caught out by the rules surrounding the national minimum wage. With HMRC taking an increasingly hard line on enforcement, Andrew Brookes and William Sweeney look at some of the common pitfalls.

  • Suspension in relation to safeguarding concerns should be used sparingly

    28 March 2019

    Although a recent Court of Appeal decision concerning suspension in relation to safeguarding concerns provides an element of reassurance for employers, consultant editor Darren Newman explains why suspension should still be used only sparingly.

  • IR35 in the private sector: what constitutes 'reasonable care'?

    25 March 2019

    The government has recently published a consultation paper with its proposals to extend off-payroll working rules to the private sector. Employers will need to take "reasonable care" that they have assessed employees' tax status, but what does that mean? Joe Tully, managing director of Brookson Legal Services, explains.

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