Although the COVID-19 pandemic still dominates the agenda, the employment law landscape continues to evolve. This article reviews the significant developments in 2020 (eg, the establishment of the furlough scheme and various other emergency measures) and looks ahead to what is on the horizon for employment law in 2021 (eg, the IR35 reform, the possible introduction of the new Employment Bill and the impact of the Brexit trade deal).
The United Kingdom and the European Union have published their Trade and Cooperation Agreement. As predicted, in return for a tariff and quota-free trade deal, the United Kingdom has agreed that it will not reduce employment law rights below the standards that existed on 31 December 2020 – but only if this affects trade or investment. This article assesses the implications that the deal might have for employment law.
New regulations underpinning the three-tier lockdown system are now in force in England as part of the government's efforts to step up its response to the pandemic. This article considers whether the new regulations will demand a stricter approach to office work, as well as what may constitute a gathering, the rules for travelling to work in a different tier and how to approach client and internal work meetings.
This article explores the legal limits of positive action in the workplace, including situations where it is permissible to give preference on gender or ethnicity grounds to make up for a historic lack of opportunity and what employers can and cannot do to improve diversity in their shortlists or hiring slates.
As national lockdown restrictions begin to ease, employers can expect local lockdowns to become more common. This article explores the relevant HR and employment law issues, including with regard to employee pay, refurloughing and staffing workplaces that are trying to stay open.
According to an employment tribunal in the widely reported case brought by Jordi Casamitjana, ethical veganism can be a philosophical belief that is protected under the Equality Act. But what does this mean in practice for employers?
What might a no-deal Brexit mean for UK employment rights? What could employers do now to prepare? And what might the future hold in a no-deal scenario? Prime Minister Boris Johnson is clear that he would be prepared to leave the European Union without a deal if necessary and the current legislation commits the United Kingdom to leaving the European Union at 11:00pm on 31 October 2019. Thus, it seems like a good time to revisit the employment law implications of a no-deal Brexit for employers.
The EU Work-Life Balance Directive introduces new rights for carers and working parents. If the United Kingdom needs to comply (or if it chooses to do so), UK employers must make several changes to their existing family leave and pay framework. For example, although the United Kingdom provides a right to paternity leave and pay, both rights are currently subject to a six-month service requirement. To comply with the directive, the service requirement for paternity leave (although not pay) would need to be scrapped.
In an unusual case of whistleblowing detriment brought by an overseas employee against two co-workers (also based overseas), the Court of Appeal has ruled that the employment tribunal in question had no jurisdiction to hear the claim in relation to personal liability of the co-workers because they were outside the scope of UK employment law. The decision may have implications for other types of claim brought by employees posted overseas where similar personal liability provisions apply.