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Increase in UK Employment Compensation Limits

The maximum compensation that the Employment Tribunal can award for “ordinary” unfair dismissal claims will increase from 6 April 2017, as will the weekly wage figure for calculating an employee's entitlement to a statutory...more

Subject Access Requests in the UK - An Update

This OnPoint reports on the Court of Appeal judgment in Dawson-Damer & Ors v Taylor Wessing LLP, handed down on 16 February 2017, which addresses two key aspects of the legislation enabling individuals to lodge subject access...more

HMRC Publishes Guidance on the Tax Treatment of Clawback of Remuneration in the UK

Since the financial crisis of 2008 / 2009, swathes of new regulations have been introduced governing various aspects of remuneration in the financial services sector. A key feature of these rules is the compulsory clawback of...more

Consultation Begins Over Possible UK Corporate Governance Reform

The Department for Business, Energy & Industrial Strategy (BEIS) has recently published a Green Paper on options for future corporate governance reform. The Government’s stated objective is to put in place “the right checks...more

Final UK Gender Pay Gap Regulations Published

The long awaited final draft of the Gender Pay Gap Regulations was published on 6th December 2016. The Regulations are scheduled to come into force on 6th April 2017. This OnPoint summarises the provisions of the Regulations...more

Taking "Subject Access Requests" Seriously in the UK

Under section 7 of the Data Protection Act 1998 (DPA) employees are entitled to make a data “subject access request” (SAR) in order to obtain copies of the personal data held about them by their employer and certain other...more

Government Set to Overhaul Taxation on Termination Payments

Currently, non-contractual compensation payments made solely on account of termination of an individual’s employment enjoy a favourable tax treatment in two respects – the payment can be made without deduction of income tax...more

Changes to EU Privacy Law: the General Data Protection Regulation

On 27 April 2016, following a prolonged legislative process over some four years, the European Council and Parliament finally adopted a new data protection law: the General Data Protection Regulation (GDPR). The GDPR was...more

No Expectation of Privacy in Relation to Workplace Emails and Evidence Seized by the Police in the UK

In the recent case of Garamukanwa v Solent NHS Trust the UK Employment Appeal Tribunal ("EAT") held that the Claimant, Mr Garamukanwa, had no reasonable expectation of privacy in respect of emails sent to a work colleague...more

Discrimination and Childcare Vouchers

The UK Employment Appeal Tribunal (“EAT”) held on 9 March 2016 in Peninsula Business Services Ltd v Donaldson that it was not unlawfully discriminatory for an employer to suspend the payment of childcare vouchers during...more

Increase in UK Employment Compensation Limits

The maximum compensation that the Employment Tribunal can award for “ordinary” unfair dismissal claims will increase from 6 April 2016, as will the weekly wage figure for calculating an employee's entitlement to a statutory...more

Results Based Commissions and Holiday Pay in the UK

The Employment Appeal Tribunal has today issued its judgment in the case of Lock v British Gas in which it has confirmed that, in order to comply with EU law, the UK Working Time Regulations should be interpreted to provide...more

Gender Pay Reporting – New Regulations to Apply to Large UK Employers from October 2016

The Government published draft regulations on 12 February 2016, which will require employers with 250 or more “relevant employees” to report annually on their gender pay gap. The consultation period in respect of the draft...more

No Right to Privacy in the Workplace?

Last week the European Court of Human Rights held in Barbulescu v Romania (Application no. 61496/08) that there was no breach of the right to privacy where an employer searched the contents of an employee's instant messaging...more

Why Parting Company with Executives Needs Careful Management

UK Employers need to avoid post-exit bad-mouthing, spurious reasons for leaving, and poor handovers. There are a number of practical issues which employers need to consider when planning and implementing an executive’s...more

Why Redundancy is Not a Safe Remedy for Poor Performance

Sometimes managers can appear to think that dismissals for redundancy or poor performance are interchangeable. But the procedures which need to be followed in the UK in either case, to avoid an employee being able to bring a...more

UK Employers Need to Respond Carefully to ‘Blackmail’ from Departing Employees

Settlement agreements are designed to settle actual or potential claims or the terms on which an individual’s employment comes to an end. Negotiating them can be highly sensitive. In difficult situations, especially...more

How to Deal with Grievances During Disciplinary Procedures

Could UK Employers Risk an Unfair Dismissal Claim if They Do Not Pause the Process? One issue which can trouble HR professionals is how to deal with a grievance lodged by an employee during the course of a disciplinary...more

UK Executives Acquitted of Charges in Respect of Alleged Redundancy Consultation Breaches

As reported in a previous Onpoint three former directors of the collapsed parcel delivery firm City Link have been prosecuted relating to their failure to notify the Secretary of State of the redundancies which resulted from...more

Personal Liability for Redundancy Breaches

Collective redundancy consultation has recently become a lot more serious on a personal level for directors and senior managers. Three former directors of collapsed delivery company Citylink are being prosecuted in...more

FCA and PRA Rules On Whistleblowing

The UK Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) published new whistleblowing rules in October 2015 (click here for FCA policy and here for PRA) aiming to ‘encourage a culture in which...more

Improving the Gender Balance on British Boards

Lord Davies of Abersoch published on 29 October 2015, a five year review of his 2011 report aimed at improving the gender balance at the top of British business. There has been a significant improvement in the...more

Travelling Time - Is It Work? CJEU Decides that Travel Time for Workers With No Fixed Workplace Can Be Working Time

The Court of Justice of the European Union (the CJEU) has held, in Federacion de Servicios Privados del sindicato Comisiones obreras v Tyco Integrated Security SL & ors, that for the purposes of the Working Time Directive...more

LLP Agreements and Repudiatory Breach

This OnPoint reports on a recent important High Court decision ?limiting the remedies available for breach of a UK LLP agreement. Generally, in contract law, if a party to a contract commits a breach which is...more

Is Garden Leave Overrated?

The value of garden leave - Including express 'garden leave' provisions into the contracts of employment of key executives in the UK has long been seen as a key aspect of an employer's armoury in relation to the...more

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