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Employment status: IR35 – the elephant in the room

Will Clayton analyses April’s changes to the off-payroll working rules, which have been described as the biggest shake-up of contracting in 20 years End-user clients or other ‘fee-payers’ of individual contractors will have to do something they have not legally been required to do before: undertake detailed assessments to determine whether each contractor is caught …
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Health and safety: High Court rules UK failed to implement EU protections for limb (b) workers

Lee Harding and William Mallin explore the recent ruling that workers should be able to bring health and safety detriment claims and should be entitled to personal protective equipment (PPE) The High Court’s judgment fits squarely within the recent trend of courts extending legislation to confer protection on limb (b) workers. Employers that have adopted …
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Equality: Race discrimination under the spotlight

Paul Reeves and Leanne Raven discuss the increasing pressure on employers to demonstrate their steps to address racism in the workplace and to promote diversity It is important that employers are aware of more subtle forms of discrimination, which include microaggression and unconscious bias. Following the death of George Floyd in 2020 and the rise …
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Gender reassignment: Transgender employment rights – where are we now?

Shah Qureshi reviews the current position on transgender rights in the workplace Not having a gender recognition certificate should make no difference to how an employer treats a trans employee or assesses their performance; it should treat the person as being the gender that they identify as. Transgender, or trans, is a term which describes …
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Legal news: Employment update

Aisleen Pugh and Sarah Munro round up recent developments affecting employers and their advisers Pleadings drafted in easy-to-read, specific, simple language will be the most effective and a better guarantee of success. Belief in fixed gender is held to be a protected characteristic In Higgs v Farmor’s School [2020], an employment tribunal has held that …
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Coronavirus Job Retention Scheme: Flexible furlough – an eleventh-hour reprieve

Alison Garrow sets out the key issues for employers and their advisers to consider following the extension of the furlough scheme to 31 March Given the short period between the announcement of the scheme’s extension and its start date, there was a limited window for an employer to agree to place an employee on furlough …
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Brexit: What does the ‘points-based’ immigration system have in store for employers?

Joanna Hunt examines the post-Brexit immigration system, including the key features of the skilled worker route and the position of EEA nationals who arrive in the UK before the end of 2020 The sting in the tail is that the skilled worker route remains very costly. When you add up the fees, you will have …
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Government policies: What to expect in 2021

With IR35 reform and the Employment Bill put on hold in 2020 because of the pandemic, Richard Kenyon considers what the next 12 months may have in store for employers and their advisers While most employment rights are enforced by an individual through an employment tribunal, the state has an important role to play in …
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Litigation: The impact of Covid-19 on the employment tribunals

With employment tribunals facing an increasing claims backlog, Jo Broadbent and Katharine Savage examine how the system is adjusting in response to the pandemic and the key practical issues for tribunal users preparing for hearings The 2020 regulations tidy up some of the tribunal rules, although these changes are unlikely to have a significant impact …
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