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Articles by Jane Fielding
Employment Essentials, the 2023 forecast: Part 2 - the top 10 cases horizon
What is on your HR agenda for the year? In part one, we looked at the expected legislative reforms. Here, in part two, our Employment, Labour & Equalities team brings you its pick of the top 10 cases that should be on your radar in 2023: From the Supreme Court Holiday pay 1. Going on a bear hunt? This year we are expecting an important judgment from the Supreme Court on back pay claims: Chief Constable of the Police Service of Northern Ireland and another v Agnew and others.
Employment Essentials, the 2023 forecast: Part 1 - the legislative horizon
What is on your HR agenda for the year? Following a period of relatively little legislative reform, 2023 will bring changes, but just what is expected? While the long awaited Employment Bill now appears to be shelved, some ad hoc changes are on the way, but the dominant theme is uncertainty. The controversial Retained EU Law (Revocation and Reform) Bill 2022-23 may result in the year ending with a 'Brexit bang' being more notable for legislation lost, rather than gained.
Exits via settlement agreement - Are you getting it right?
Click here to watch the video After employment contracts, settlement agreements are one of the most common contracts that employers deal with but are you meeting the legal requirements? Are you protecting the business properly with due consideration? Spoiler alert: Consideration is one of the issues not to miss! Join us in this session for an update on the most common pitfalls when preparing settlement agreements.
Data protection at work: to look or not to look?
Monitoring staff at work is a legal minefield. Navigating it in compliance with data protection principles has been made all the more difficult with ICO guidance being buried in the depths of an out-of-date employment practices code. Luckily, the ICO has been busy updating many of its online resources; one such release is the "Employment practices: monitoring at work draft guidance" intended to help employers understand their data protection obligations. But what exactly are those obligations?
UK employment law review: Our 2022 top picks
2022 what a year! We began the year in the continued grip of COVID-19 restrictions but with a promise of an end in sight moving from lockdown to 'living with COVID-19. Emerging from lockdown appears to have changed the world of work with the 2022 employment words of the year being "hybrid-working" and "quiet-quitting". But COVID-19 did not grab all the headlines this year.
TUPE: How To Make Changes To Employees' Terms And Working Conditions
Whether it is a business transfer or an outsourcing scenario, a transferee frequently needs to make changes to a transferring employee's terms or working conditions. The transferee may need to make changes for multiple reasons, including financial and practical grounds. However, this is one of the most difficult areas of TUPE, both in terms of potential liabilities and employee relations. This webinar will help you to identify the issues and guide you through the options to mitigate risks.
Employment Essentials June 2022: Our Top 10 Recent Employment Law Developments
In our Employment Essentials series, we share our latest top picks of UK employment law developments that may affect your business.
TUPE, Pensions And Public Sector Outsourcing
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply where there is a 'relevant transfer', which can involve (i) a business/asset transfer; or (ii) a service provision change (SPC). It is the relevant transfer of a SPC that is most relevant in public sector outsourcing and retendering.
Employment Essentials April 2022: Our Top 10 Employment Law Developments
In our latest Employment Essentials article, we share our top picks of recent employment law developments that may affect your business.
Understanding Measures In The TUPE Information And Consultation Process (Video)
To print this article, all you need is to be registered or login on Mondaq.com. Information and Consultation under TUPE is one of the key practical areas which can determine the success of a transfer. However, it can be difficult to identify whether an issue amounts to a measure as it is not defined under TUPE. If all measures are not identified, this can lead to employee relations problems and expose the organisation to financial risks if a matter is overlooked.
Employment Essentials March 2022: Employment Law Top 10 Recent Developments
To print this article, all you need is to be registered or login on Mondaq.com. 2022 sees our Employment Essentials series reverting to the pre-pandemic monthly, rather than quarterly, format in which we bring you the latest top picks of employment law developments that may affect your business.
Covid-19 Response: Living With Covid-19
UK: Covid-19 Response: Living With Covid-19 - Quick Summary Of Employment-Related Provisions 24 February 2022 by Connie Cliff and Jane Fielding Gowling WLG Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. On 21 February 2022, the Government published ' 'COVID-19 Response: Living with COVID-19', setting out its plan to remove the remaining coronavirus (COVID-19) domestic legal restrictions in England.
Update On Developments In Trade Union Rights (Video)
To print this article, all you need is to be registered or login on Mondaq.com. This on-demand webinar will update you on important recent cases affecting trade union rights. Hailed as "forever banning negotiation outside of the collective bargain", the Supreme Court's decision in Kostal seems to give employers little room for manoeuvre - but is it as bad as it seems?
Working With The Menopause (Video)
To print this article, all you need is to be registered or login on Mondaq.com. With an estimated 13 million peri-menopausal and menopausal women in the UK workforce and the number of menopause related Tribunal claims rising, understanding its impact on women at work and your legal obligations as an employer is a must do. This on-demand webinar will walk you through the legal, practical and diversity & inclusion issues arising. Transcript Jane Fielding: Good morning.
Employment Essentials: The Horizon For 2022
To print this article, all you need is to be registered or login on Mondaq.com. What is on your HR agenda for the year? As COVID-19 restrictions ease, how will the world of work continue to evolve? In 2022, we expect developments in old favourite topics such as holiday pay and collective bargaining, while issues such as health & safety dismissals, menopause, gender identity and flexible working take on the HR centre stage.
Whistleblowing - Bringing You Up To Speed (Video) - Employment and HR - UK
To print this article, all you need is to be registered or login on Mondaq.com. Whistleblowing is always in the news and is a constantly developing area. Whether it's from the pandemic, the EU directive, a Tribunal claim, a corporate scandal or part of broader ESG matters, there are many lessons to learn from the recent past months. This on-demand webinar will pull them together to help you future proof your organisation and make whistleblowing an asset, rather than a risk.
Changing Terms And Unionised Workforces - Employment and HR - UK
To print this article, all you need is to be registered or login on Mondaq.com. If the source of a contractual employment term is a collective agreement with a trade union, then the obvious mechanism for change will be to seek the trade union's agreement to that change. Where the trade union's agreement to the proposed change cannot be reached, is it lawful to seek agreement directly from the employees?
Employment Mid-Year-Series: Workforce Structures Post-Uber
To print this article, all you need is to be registered or login on Mondaq.com. Rarely has an employment law decision attracted as much mainstream media coverage as the recent Uber case in the Supreme Court. But what does it actually change? And what are the options now for workforce structure in the post-Uber world? This on-demand webinar provides answers to both of those questions and guides you through the employment status issues which remain unclear, even post-Uber.
Employment Mid-year Series: Protecting Your Investigation Outcome From Challenge - Employment and HR - UK
To print this article, all you need is to be registered or login on Mondaq.com. Increased focus on workplace conduct and use of speaking up procedures mean employers are having to investigate more complex and often sensitive matters more frequently. Are you confident your investigation reports will stand up to scrutiny if challenged? This on-demand webinar explains both the essentials and key difficult issues you need to consider to put you in the best place to achieve this.
Employment Mid-Year Series: How To Implement A Smooth TUPE Outsourcing (Video)
To print this article, all you need is to be registered or login on Mondaq.com. This on-demand webinar focuses on the practical issues that come up in an outsourcing involving a TUPE transfer, and how to make sure those issues are covered to protect the business and deliver the benefit of changing provider. From the customer side, this involves, for example, understanding the contract with the existing provider through to ensuring it can obtain employee information on exit.
Gender-Critical Views Are A Protected
To print this article, all you need is to be registered or login on Mondaq.com. In recent years, gender identity has become a topic attracting significant media coverage and often sparking heated social media debate. So too has the question of what amounts to philosophical belief under section 10 of the Equality Act 2010 (EqA).
Spring 2021 Employment Law Update
To print this article, all you need is to be registered or login on Mondaq.com. In this series of insights, Gowling WLG's Employment, Labour & Equalities team bring you a quick round-up of the need-to-know employment law developments from January to April 2021. In Part 1, we looked at COVID-19 related developments, in Part 2 equalities issues and in Part 3, the latest developments concerning 'workers' and pay.
Spring 2021 Employment Law Update
To print this article, all you need is to be registered or login on Mondaq.com. In this series of insights, Gowling WLG's Employment, Labour & Equalities team bring you a quick round-up of the need-to-know employment law developments from January to April 2021. In Part 1, we looked at COVID-19 related developments.
Spring 2021 Employment Law Update
To print this article, all you need is to be registered or login on Mondaq.com. In this series of insights, Gowling WLG's Employment, Labour & Equalities team bring you a quick round-up of the need-to-know employment law developments from January to April 2021. In Part 1, we looked at COVID-19 related developments and in Part 2, equalities issues.
Spring 2021 Employment Law Update
To print this article, all you need is to be registered or login on Mondaq.com. In this series of insights, Gowling WLG's Employment, Labour & Equalities team bring you a quick round-up of the need-to-know employment law developments from January to April 2021.
National Minimum Wage And 'Sleep-In' Shifts: What Do You Need To Know?
UK: National Minimum Wage And 'Sleep-In' Shifts: What Do You Need To Know? 24 March 2021 by Jane Fielding and Connie Cliff Gowling WLG Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. Treatment of "sleep-in" shifts for national minimum wage (NMW) purposes is an area that can often cause confusion. Does the full sleep-in shift constitute 'working' for the purposes of the NMW?
The Worker's Evolution (Uber Edition): Who Is A 'Worker' In Modern Workplaces?
To print this article, all you need is to be registered or login on Mondaq.com. The Supreme Court rules that Uber drivers are 'workers': what does this mean for 'worker' rights? Modern business and working models have changed the face of the employment landscape.
What's On The Horizon For Employment Law In 2021? Part 2: Moving Past The Elephants In The Room
To print this article, all you need is to be registered or login on Mondaq.com. What is on your HR agenda for the year? In part one of our preview, we took a look at the elephants in the room of COVID-19 pandemic and Brexit. Here in part two, our Employment, Labour & Equalities team look beyond those elephants to the key 2021 legislative changes and awaited court judgments from cases heard in 2020 that should be on your radar. Later in part three, we look at the upcoming 2021 appeals to note.
What's On The Horizon For Employment Law In 2021? Part 1: The Elephants In The Room - Employment and HR - European Union
European Union: What's On The Horizon For Employment Law In 2021? Part 1: The Elephants In The Room 16 February 2021 by Jane Fielding and Connie Cliff Gowling WLG Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. What is on your HR agenda for the year? The elephants in the room of coronavirus and Brexit remain a huge feature of 2021. Nevertheless, those are not the only employment law developments on their way.
What's On The Horizon For Employment Law In 2021? Part 3: Beyond The Elephants In The Room
To print this article, all you need is to be registered or login on Mondaq.com. What is on your HR agenda for the year? In part one of our preview we took a look at the elephants in the room of COVID-19 pandemic and Brexit. In part two, we looked beyond those elephants to the key 2021 legislative changes (many held over from 2020) and awaited court judgments from cases heard in 2020. In part three, we conclude our preview with a look at the upcoming 2021 appeals to note.
Employment Update Series: Taking Tough Decisions In Tough Times
To print this article, all you need is to be registered or login on Mondaq.com. In challenging times, organisations may need to make changes at the top to ensure their business gets the leadership it needs. Jonathan Chamberlain uses his many years' experience to advise on board room issues to provide an update on tips, trends and how COVID-19 (might) make a difference to handling senior exits.
Employment Update Series: Internal Investigations – Reducing Risk And Adding Value (Video) - Employment and HR - UK
To print this article, all you need is to be registered or login on Mondaq.com. Handling internal investigations properly is a key part of getting to the heart of an issue and mitigating risk from litigation, wider employee relations, PR and regulatory concerns. Properly run investigations can also identify learning points and areas for positive change. This session covers the key aspects of conducting an investigation to help you get to the bottom of the issue and manage associated risks.
Employment Update Series: COVID-19 Workplace Testing: Navigating The Legal Risks - Employment and HR - Canada
To print this article, all you need is to be registered or login on Mondaq.com. As businesses grapple (again) with how to safely reopen their physical premises to employees post-lockdown, many are considering the option of private COVID-19 testing or other health checks for staff.
Employment Update Series: Insolvency Update – A Practical Guide To Insolvency Issues Affecting Employees - Employment and HR - UK
To print this article, all you need is to be registered or login on Mondaq.com. In the current climate, more and more companies are facing financial distress and entering some form of insolvency proceedings. This on-demand webinar is aimed at in-house counsel, HR or other advisers of both potential buyers of insolvent businesses and the customers of services where the supplier becomes insolvent.
Employment Law Review: The Box Sets Not To Be Missed In Our 2020 Round-Up
To print this article, all you need is to be registered or login on Mondaq.com. 2020 is a year that we expected would be dominated by Brexit negotiation headlines, details of a new Employment Bill promised in the December 2019 Queen's speech and a handful of anticipated key Supreme Court judgments on holiday pay, sleep-in shifts, and employment status, but WAIT... COVID-19 strikes.
Gig Economy Workers - New Health And Safety Guidance For Employers - Employment and HR - European Union
European Union: Gig Economy Workers - New Health And Safety Guidance For Employers 10 December 2020 by Jane Fielding , Andrew Litchfield and Connie Cliff Gowling WLG Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
Employment Essentials: What Employers Need To Know From September/October 2020
To print this article, all you need is to be registered or login on Mondaq.com. Both COVID-19 and non-COVID-19 employment law developments have continued apace in September and October.
Back To The Future: CJRS Extension Q&A
To print this article, all you need is to be registered or login on Mondaq.com. The Coronavirus Job Retention Scheme (CJRS) was originally planned to end on 31 October 2020, with the replacement Job Support Scheme (JSS) set to launch immediately on 1 November 2020.
Running A Fair And Inclusive Recruitment Process During The Pandemic
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Running a fair and inclusive recruitment process during the pandemic | Lexology
United Kingdom
November 5 2020 The recent extension of the Coronavirus Job Retention Scheme has come as a relief to employers and staff alike, if somewhat late in the day. However, industry reports make it clear that whilst redundancies may be delayed, they are still expected in the short to medium term. The labour market has already been flooded with those already made redundant since the spring, as their contracts have not been renewed or their temporary work has dried up.
Public Sector Exit Cap In Force From 4 November 2020
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Covid-19: The CJRS & Job Retention Bonus Final Pieces
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
COVID-19: Legal Duty To Self-isolate Means Employers Can Face Substantial Fines
To print this article, all you need is to be registered or login on Mondaq.com. On 28 September 2020 new regulations came into force with no advance warning, not only making self-isolation a legal requirement and introducing penalties for individuals, but also introducing offences and penalties for employers in England.
The New COVID-19 Job Support Scheme Q&A: The Essentials For Employers And Employees
To print this article, all you need is to be registered or login on Mondaq.com. On 24 September 2020, the Chancellor, Rishi Sunak, set out the Government's new Job Support Scheme (JSS) in a statement to the House of Commons. The JSS will begin on 1 November 2020 following the closure of the Coronavirus Job Retention Scheme (CJRS) on 31 October and subsidises the wages of employees working at least a third of their normal hours. The new JSS is focused on preserving 'viable jobs'.
The New COVID-19 Job Support Scheme Q&A: the essentials for employers and employees | Lexology
On 24 September 2020, the Chancellor, Rishi Sunak, set out the Government's new Job Support Scheme (JSS) in a statement to the House of Commons. The JSS will begin on 1 November 2020 following the closure of the Coronavirus Job Retention Scheme (CJRS) on 31 October and subsidises the wages of employees working at least a third of their normal hours. The new JSS is focused on preserving 'viable jobs'. For employers the JSS is less generous than the CJRS.
Employment Essentials: 10 Non-COVID 19 Lessons From Spring/Summer 2020
To print this article, all you need is to be registered or login on Mondaq.com. While COVID19 related issues have overshadowed most aspects of life, including work, for the last six months, non-COVID 19 related employment law developments have continued.
Covid-19: Dismissing A Furloughed Employee
To print this article, all you need is to be registered or login on Mondaq.com. From 31 July 2020, new rules apply to ensure furloughed employees who are made redundant will not be financially worse off merely because they have been furloughed when calculating a week's pay for certain statutory entitlements including statutory redundancy and statutory notice pay.
COVID-19: Updated HMRC Guidance On CJRS Overclaims And Penalties
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Mid-year UK Employment Review 2020
To print this article, all you need is to be registered or login on Mondaq.com. Martin Chitty provides an overview of what is a redundancy and who is redundant post Covid-19; how to avoid the pitfalls and de-risk your process in right-sizing. Transcript Jane Fielding: Good morning everybody. I am Jane Fielding and I am head of employment labour and equality here at Gowling in the UK.
Mid-Year UK Employment Review 2020
To print this article, all you need is to be registered or login on Mondaq.com. Simon Stephen discusses managing tricky ER cases in a COVID-19 context, including best practice on handling investigations and hearings including ill health/disability, whistleblowing and health and safety issues.
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