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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 »
Category Archives: Employment law
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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 »
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by: Wedlake Bell
in Employment law, United Kingdom
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 »
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by: Wedlake Bell
in Employment law, United Kingdom
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 »
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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 »
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by: Wedlake Bell
in Employment law
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 »
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by: Wedlake Bell
in Employment law, United Kingdom
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 »
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by: Wedlake Bell
in Employment law, United Kingdom
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 »
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by: Wedlake Bell
in Employment law, United Kingdom
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 »
The termination agreement – Key aspects under German labour law
May 9, 2016
There are many reasons why, in individual cases, the parties to an employment contract wish to part company or one party unilaterally terminates the employment relationship. One possible reason is the avoidance of dismissal proceedings, which entail risks for both parties. Alternatively, the parties may wish to quickly and smoothly ... Read More »
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How Employers Can Prepare For the DOL’s New Overtime Rules and Protect Against the Skyrocketing Number of Wage and Hour Claims
April 15, 2016
Wage and hour claims are both skyrocketing in number and quickly becoming the largest source of employment-related liability. In 2015, employees filed three times as many wage and hour actions as they had just a few years earlier. These claims have cost employers significantly, with the average wage and hour ... Read More »
A Recipe for Burrito Disaster: Twitter and the NLRA
April 7, 2016
In Havertown, Pennsylvania, Chipotle recently had some negative publicity and, for once, E. coli was not the culprit. Instead, James Kennedy, a 38-year-old war veteran, was terminated from Chipotle, after criticizing the company on Twitter and for circulating a petition in store regarding scheduled breaks. Kennedy sued, alleging that his ... Read More »
U.S. DOL Issues Final Union Persuader Rule
April 6, 2016
On Wednesday, March 23, 2016, the United States Department of Labor (“DOL”) announced that it finalized its union persuader rule, requiring employers to report so-called “persuader agreements” they have made with outside consultants to help persuade workers against unionizing. As described in our prior post, the rule interprets the Labor ... Read More »
No Fooling: New FEHA Regulations Go Into Effect April 1, 2016
April 2, 2016
Significant amendments to the Fair Employment and Housing Act (FEHA) regulations take effect on April 1, 2016. The amendments mandate detailed written policies against harassment, discrimination, and retaliation, update sexual harassment training requirements, and provide new definitions for certain protected characteristics. Mandatory Written Policy Against Harassment, Discrimination, and Retaliation Under ... Read More »