Employment law – Page 5 – Legal knowledge portal

Parliamentary Select Committee enquiry into defined benefit pension schemes: Show-stopper or damp-squib?

December 5, 2016

Introduction Not content with its Report on the BHS Scheme (issued on the 20 July 2016) the Parliamentary Select Committee (the Committee) announced on 8 August 2016 a wide ranging enquiry into defined benefit (DB) schemes and asked for written submissions on 5 topics by 23 September 2016. Below is ... Read More »

6 Tips for Reducing Your Headaches Over FMLA Intermittent Leave Abuse

December 1, 2016

This scenario will sound familiar. An employee was certified for 12-weeks of Family and Medical Leave Act (“FMLA”) leave to be used intermittently over the course of a year. The purpose of the leave was to allow her to recover from recurring migraine headaches (a very common reason for intermittent ... Read More »

Restructuring and notification of mass dismissals with regard to labor law

November 24, 2016

“Fear, paranoia, insecurity.” With this apocalyptic triangle, Rose Beauchamp, Stephen Heidari-Robinson and Suzanne Heywood describe in their article Reorganization without Tears the environment in which the reorganization of companies takes place. And in this article they are only referring to the non-legal aspects of change processes. A quick glance at ... Read More »

Disguised remuneration: Window to claim transitional relief on investment growth extended

November 21, 2016

Currently, the Finance Act 2011 provides tax relief on amounts earned in disguised remuneration schemes (employee benefit trusts), with a tax charge applying only to the amount invested. This relief is due to be withdrawn as part of the Government’s crackdown on employee benefit trusts. In order to encourage settlement ... Read More »

Sexual harassment in the workplace: beyond a joke?

November 18, 2016

A recent survey by the Trade Union Congress (TUC) shows that sexual harassment in the workplace is widespread despite legislation outlawing it. Adam Grant and Jemma Pugh offer tips on how employers can reduce the risk of liability. According to the TUC report, “Still just a bit of banter? Sexual ... Read More »

BHS – The latest score between Philip Green and the Pensions Regulator

November 15, 2016

Summary of the parliamentary inquiry Since our last update on the BHS saga, in the July 2016 edition of Pensions Compass, the parliamentary inquiry and public sessions run by the Business, Innovation and Skills Committee (the Select Committee) have ended and Frank Field MP (Field), who sat on the Select ... Read More »

Employer tips: managing workers with serious medical conditions

November 14, 2016

ACAS has issued new guidance to assist employers in managing staff who have long-term or potentially life-threatening illnesses, such as cancer, HIV and multiple sclerosis. ACAS has published its guidance in light of projections drawn up by Macmillan Cancer Support in 2013 which estimated that by 2020 47% of the ... Read More »

Disability discrimination: What amounts to a reasonable adjustment?

November 3, 2016

Companies often ask what adjustments need to be made if they employ someone with a long term illness. The recent case of G4S Cash Solutions appears to take the steps that need to be considered that bit further. The G4S case The G4S case involved an employee who had a ... Read More »

Check, One-Two. Check, One-Two: Sounding Off In Favor of Employee Background Checks

August 15, 2016

Employee background checks can provide an abundance of useful information and a world of legal risk. Properly informed employers, however, can wield this double-edged sword with precision to find the best person for the job while avoiding liability for poor hiring decisions. In this post, we’ll discuss the benefits of ... Read More »

Pensions liberation: Has the High Court opened the floodgates for fraudsters to exploit both individuals, and flaws within the system?

July 6, 2016

The High Court has overturned a decision of the Pensions Ombudsman which supported Royal London’s decision not to transfer a member’s benefits to another pension arrangement due to pensions liberation fears. This could have serious repercussions for pension scheme trustees, and for the Pensions Regulator’s crusade against unlawful liberation activity. ... Read More »

A spring clean – important rate changes in April 2016

July 5, 2016

April 2016 saw a number of important changes to employment rates with the introduction of the National Living Wage (NLW) and increases to compensation and redundancy limits. National Living Wage The NLW came into force on 1 April 2016 and applies to all workers aged 25 and over. The initial ... Read More »

Does an employee sacrifice childcare vouchers during maternity leave?

June 13, 2016

There has been a recent decision in the Employment Appeal Tribunal (EAT) in relation to continuing childcare vouchers during maternity leave which may be of interest to those of you who provide these vouchers by way of a salary sacrifice scheme. Entitlements during maternity leave During ordinary maternity leave (which ... Read More »

Promises, promises… (of a pensions nature)

June 10, 2016

The Pensions Ombudsman has held that an employer “unjustifiably” stopped a member’s monthly pension payments which it had funded for some years following the winding-up of its occupational pension scheme. Background Mr Royston Muller, a 95 year old former employee of the County Tyre Group of Companies (the Company) retired ... Read More »

EU referendum (should we stay or should we go?) – Employment implications

June 1, 2016

On Thursday, 23rd June 2016, the public will determine whether the United Kingdom remains in the European Union. A lot has been written and said by the ‘Brexit’ and ‘Bremain’ camps about the impact of that decision, most recently by the US President. However, casting political allegiances aside, what could ... Read More »

New Federal Trade Secrets Law Almost Here

May 13, 2016

The Defend Trade Secrets Act (“DTSA”), passed by both houses of Congress, is headed to President Barack Obama for his signature and his office has stated it “strongly supports” the legislation. On April 4, the U.S. Senate passed the DTSA by a vote of 87-0. The Senate bill passed in ... Read More »

Category Archives: Employment law