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PEOs–The European Perspective

Professional employer organizations (PEOs) are third-party organizations engaged by companies, usually domiciled in one country, to directly employ individuals based in another country. Such arrangements are being...more

Global Employer Guide - 2022

We are pleased to make available this year's edition of the Global Employer Guide. Created to complement our Global Employer Solutions® service, the guide provides a concise, easy to read summary of employment law across...more

Holiday Pay Revisited: Gig Worker Entitled to Holiday Pay for Whole Period of Engagement

Summary - In the latest of a long line of cases relating to the calculation of holiday pay, the Court of Appeal has given a very significant decision that will impact all employers who engage independent contractors....more

Global Employer Guide (Updated)

We are pleased to make available this year's edition of the Global Employer Guide. The guide provides a concise, easy to read summary of employment law across numerous countries. Our updated release reflects the changes...more

Four Simple Steps to Prepare for IR35

With everything else going on, it is important not to forget that changes to the off-payroll working rules (commonly known as IR35) are due to come into effect on 6 April 2021, imposing new legal obligations on businesses...more

2/1/2021  /  Contractors , HMRC , IR35 , Off-Payroll , UK

COVID-19: Return to Work Europe

The COVID-19 emergency led the Member States of the European Union to adopt appropriate preventive measures aimed at achieving a healthy and safe resumption of work activities and avoiding the spread of the virus at the...more

Global Employer Guide

K&L Gates is proud to release the latest update of our Global Employer Guide. Created to complement our global employer solutions service, the interactive guide provides a quick, concise summary of the main employment law...more

Do Employers Now Need to Measure Daily Working Hours of All Workers?

In Federacion de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE (C-55/18), the European Court of Justice (ECJ) decided that, in order to comply with the provisions of the EU Working Time Directive (the Directive)...more

Stopping Traffick: UK’s Modern Slavery Act of 2015 - What Now? Are Companies in Compliance?

The legislation has been hailed for blazing a trail globally with nations from Australia to India poised to pass similar laws as the world seeks to meet a United Nations goal of ending by 2030 a crime estimated to enslave at...more

Workplace Wrap: Autumn/Winter 2017

Workplace Wrap is our magazine covering the core areas of Australian workplace law: industrial relations, employment, equal employment opportunity and workplace health and safety. Workplace Wrap articles condense some of...more

"Brexit Bites": Employment Law Implications

Although much of the UK’s current employment law framework derives from the EU, it seems unlikely that the UK’s exit from the EU would result in significant legal changes, at least in the short term. There are several reasons...more

Employment Law Implications

Please find below our “Brexit Bites” which are intended to cover the critical issues at play in the event that the British people vote on 23 June to leave the European Union. Whilst it is unlikely that the UK’s exit from...more

4/5/2016  /  EU , Foreign Workers , UK , UK Brexit , Work Permits

Employer Liable for Employee Assault on Customer

What happened? In Mohamud v WM Morrison Supermarkets plc, the Supreme Court decided that the employer was vicariously liable for an employee’s assault on a customer. Mr Mohamud, a man of Somali origin, went into a Morrisons...more

Case Alert: Can Employers Monitor Private Messages Sent at Work?

In Barbulescu v Romania, the European Court of Human Rights (the "ECHR") ruled that an employer may access employees’ private messages sent using the employer’s resources during working hours. Mr Barbulescu’s employer had a...more

Case Alert: Negative Oral Reference Found to be Discrimination Arising from Disability

In Pnaiser v NHS England and Coventry City Council, the Employment Appeal Tribunal (the "EAT") ruled that to make a successful claim of disability discrimination, the employee need show only that the disability was part of...more

Modern Slavery Act: How to Comply with the ‘Corporate Provision’

On 29 October 2015, the ‘corporate provision’, section 54, of the Modern Slavery Act (the “Act”), came into force. All businesses in the UK with a global turnover of £36 million will now be required to publish an annual...more

Modern Slavery Act 2015

The Modern Slavery Act 2015 (the “Act”) comes into force on 1 October 2015 and requires organisations to publish a statement in each financial year setting out the steps they have taken to tackle the problem of slavery and...more

Five Things Employers Need to Know About the ECJ’s Decision on Working Time

The European Court of Justice decided last week that for workers without a fixed place of work, time spent travelling from home to their first customer appointment and from the last customer appointment back home counts as...more

Employee Fairly Dismissed for Facebook Comments Posted Two Years Earlier

What happened? In Smith v British Waterways Board the Employment Appeal Tribunal (“EAT”) decided that an employee was fairly dismissed for posting derogatory and disparaging comments on Facebook despite the comments being...more

Case Alert: No Implied Duty to Disclose Allegations of Misconduct in Absence of Express Contractual Obligation

What happened? In The Basildon Academies v Amadi, the Employment Appeal Tribunal (the "EAT") decided that an employee was not under an implied duty to disclose allegations of misconduct to his employer where there was no...more

Case Alert: Ignorance is No Defence for Failure to Collectively Consult

What happened? In E Ivor Hughes Educational Foundation v Morris and others, the Employment Appeal Tribunal (the "EAT") upheld the Employment Tribunal's decision to make the maximum protective award of 90 days’ pay to an...more

Case Alert: Employee Unfairly Dismissed for Going to Work Smelling of Alcohol

What happened? In McElroy v Cambridgeshire Community Services NHS Trust, an Employment Tribunal decided that the summary dismissal of a healthcare assistant for coming to work smelling of alcohol was unfair. Mr McElroy was...more

Case Alert: Employee Fairly Dismissed for Contacting the Information Commissioner's Office Against Instructions

What happened? In Barton v Royal Borough of Greenwich, the Employment Appeal Tribunal (the "EAT") decided that an employee was fairly dismissed for misconduct after failing to adhere to his employer's instructions not to...more

Collective Redundancies: ECJ Clarifies Meaning of "Establishment"

What happened? Under the Trade Union and Labour Relations (Consolidation) Act 1992 (the "Act"), if an employer proposes to make large scale redundancies of 20 or more employees at one establishment within a period of 90 days...more

Whistleblowing: Meaning of "Public Interest" Test

What happened? The UK's whistleblowing legislation protects employees from being subjected to any detriment or dismissal that arises as a result of that employee making a "qualifying disclosure" of information to his...more

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