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Employment

Employment

Government launches review of planned changes to off-payroll worker tax rules (IR35)

The Treasury have launched a review of the planned changes to off-payroll working. By way of reminder, the planned changes are designed to tackle non-compliance with IR35 by making medium and large-sized organisations outside of the public sector responsible for determining the tax status of contractors who provide their services through their own personal service company. 

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Holding pre–termination negotiations (aka protected conversations)

You may already know that the concept of protected conversations is to allow employers the possibility of exploring with an employee the mutual termination of their employment (in return for a financial payment via a settlement agreement) without fear of anything said by the employers  being used against them should negotiations breakdown and a tribunal claim be raised.

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Supreme Court rules employers liable for “hidden” reasons for dismissal

On Wednesday 27th November, the UK Supreme Court handed down its eagerly awaited judgement in Royal Mail Group Ltd v Jhuti – a case in which the Court determined that in a claim for unfair dismissal, the employer can be liable for the real reason for dismissal hidden by the employee’s line manager, regardless of the decision maker’s lack of knowledge of the real reason.  

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Taxation of off-payroll working in the private sector

From 6 April 2020, a law will come into effect which will potentially impose further tax collecting burdens on all but the smallest businesses.

Businesses currently collect tax for their employees and remit that to HMRC via payroll system. But this new tax legislation will create new duties on businesses over a certain size to decide the tax status of non-employed workers where personal services are provided via personal service companies (“PSCs”).

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Post-Termination Grievances: to hear, or not to hear?

An issue that commonly arises in practice for many employers is how to handle grievances raised by former employees. To date, the legal obligations on an employer in these circumstances have not been clear – especially since the abolition of the Statutory Disciplinary and Grievance Procedures. In particular, the Acas Code of Practice on Disciplinary and Grievance Procedures is silent on this point. 

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European temporary leave to remain

In a week of political high drama with the lifespan of news headlines shorter than the burst of a strobe light, you could be forgiven for missing the government plans for EU nationals in the UK in the event of a No-Deal Brexit announced on Wednesday (4 September).

The government unveiled the new European Temporary Leave to Remain scheme (Euro TLR).

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Neurodiversity in the workplace: “If you’re not normal, there is very little hope for the rest of us…”

These are the closing lines of the poem “For Rita With Love” by Legendary Irish poet, Pat Ingoldsby. The poem is about a girl whom we are led to believe has some form of learning difficulties. From the description in the poem she is likely to fall into the category of the population that we are now labelling “neuro-divergent”. It is estimated that around 1 in 7 people (more than 15% the UK population) are neuro-divergent, meaning that the brain functions, learns and processes information differently.

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A casual calculation: holiday pay for irregular workers

Employers will be taking a sharp intake of breath at the recent decision of the Court of Appeal in the case Brazel v The Harpur Trust (UNISON intervening) which addresses how to calculate pay for workers and employees who work irregular hours throughout the year.

The decision

The case concludes that the current practice of paying 12.07% of annualised hours to discharge an employer’s holiday pay obligation, as set out in ACAS guidance, is no longer reliable.

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Let’s talk about Dementia…

As an employment lawyer, I often find myself talking about “having conversations” – whether that’s having a difficult conversation with an employee or an employer, or opening up conversations in the workplace about subjects such as mental health, discrimination, and diversity and inclusion.

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Government to legislate on use of confidentiality clauses

The Government has announced that it will implement new legislation on the use of confidentiality clauses or Non-Disclosure Agreements (NDAs) in the workplace.

Although the Government recognises that confidentiality clauses are used legitimately by most employers, it believes that there are a small number of cases in which confidentiality clauses are being used to cover up criminal acts in the workplace such as sexual harassment, assault and racist discri

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