November 2018 #195 – Law Journals

Legal news: Employment update

Adam Hartley rounds up the latest case law and developments affecting employers and their advisers ‘East Kent serves as useful guidance to employers when dealing with an employee who gives notice in ambiguous terms.’ Bereaved parents due to get right to paid leave from 2020 In September 2018, the Parental Bereavement (Leave and Pay) Act …

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Brexit: Migration to the future

Samar Shams considers what the UK’s immigration policies may look like when free movement of EU nationals ends ‘Employers reliant on low-skilled workers face difficulties. Neither the MAC nor the information that has thus far dribbled out from government indicates there will be much provision for low-skilled worker visa routes.’ In September 2018, the Migration …

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Vicarious liability: Employer liable for after-party assault by its managing director

As the office Christmas party season gets underway, the Court of Appeal has provided a sobering reminder to employers of the breadth of their accountability for any misconduct by employees. Joanna Chatterton and Ed Livingstone report ‘The policy reasons for the courts wanting to make an employer liable are many, not least because the business …

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Sexual orientation: Testing the boundaries of direct discrimination

Emily Skinner discusses the Supreme Court’s ruling in the ‘gay cake’ case on alleged sexual orientation discrimination and the potential for conflict with religious beliefs ‘Mr Lee brought claims under Northern Ireland’s discrimination legislation for direct discrimination on the grounds of sexual orientation, religious belief and/or political opinion.’ In recent years, there have been several …

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Ethnicity pay reporting: Noble aims – but difficult issues to navigate

David Cummings examines the government’s proposals for mandatory reporting of an organisation’s ethnicity pay gap ‘As the government recognises in its consultation paper, pay disparities between ethnic groups are the consequence of a complicated and overlapping set of drivers.’ Last month, the government kicked off its consultation on proposed mandatory ethnicity pay reporting for employers …

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Employment status: Off payroll, on HMRC’s hit list

Employers face challenging decisions about how to treat contractors for tax purposes under HMRC reforms. They could even face claims that those individuals are entitled to employment rights, warns Mark Leach ‘There has been little interest among employing organisations in the taxation obligations of IR35. This is because the onus has traditionally been on the …

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Staff procedures: Create or update an employee handbook

In the first part of a new series on how to write or refresh employment policies, Clare Davis looks at what to include in a staff handbook and how to avoid problems when making changes ‘Key policies for any organisation to include, regardless of size, would be equal opportunities and disciplinary and grievance procedures.’ A …

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