Littler (JD Supra United Kingdom)

In the first case of its kind, the High Court of England & Wales has considered the limits on the extraterritorial reach of the European Data Protection Regulation (GDPR).

With over half the adult population having now received their first vaccine, many employers will be wondering how they can use the vaccine rollout to get employees back into workplaces.

Like a classic Shakespearean drama, the IR35 story is both long and complicated. Act III is due to start, again, on 6 April 2021. Once more unto the breach, dear friends, once more.

We outline below answers to some frequently asked questions about the UK's new immigration system. Frequently Asked Questions  - Q1: What do employers need to know about the UK’s new post-Brexit immigration system?

On 5 January 2021, the UK government’s guidance was updated to clarify that employers may (but are not required to) furlough employees who have caring responsibilities for children who are at home as a result of school and childcare facilities closing.

With the extremely exciting news of the first COVID-19 vaccines being rolled out today in the UK, many UK employers will be getting excited for a potential return to “normal” in 2021 and what the vaccine might mean for their staff.

We’ve seen a big increase in the use of data subject access requests (“DSARs”) over the last few years, but we think that the new guidance from the UK’s data protection regulator (the ICO) will provide some reassurance to employers.

Back in March, Chancellor Rishi Sunak announced an unprecedented package of measures, including a Coronavirus Job Retention Scheme (CJRS). On 5 November 2020, the chancellor announced a further extension to the furlough scheme until March 2021.

Employees working remotely outside the UK during Covid-19 may create – and may already have created – expensive tax liabilities for themselves and their employers.

The short answer is that a lot has changed since March. Employers and HR professionals have had to grapple with perhaps the most sudden and unexpected changes to employment law seen for many years. Furlough, working from home, making workplaces 'Covid-secure’ – it has been at times a bewildering pace of change (even for the employment lawyers!).

UK employers consulted with staff on nearly half a million redundancies during the pandemic - roughly 1.5% of the working population. The true number will have been much higher as small-scale redundancies are not captured by government statistics.

On 24 September 2020, and as discussed here, the UK Government announced a new wage support scheme for employers to replace the furlough scheme from 1 November 2020 (running until 31 April 2021).

With the Brexit transitional period coming to a close, and given the frequent movement of workers of all nationalities across the EU, many UK employers have questions about regulations governing work authorizations for their employees.

With many employees having worked from home for the past few months, employers are now reassessing the long-term feasibility of remote working. As homeworking was first adopted as an emergency measure out of necessity, not all of the implications were fully considered and we set out below a checklist of the issues to take into account.

As the summer draws to an end, the end of the UK’s Coronavirus Job Retention Scheme (a.k.a. the “furlough scheme”) is also in sight. Since 10 June 2020, the scheme has been closed to new entrants, and it is currently due to wind down entirely on 31 October 2020. August saw employers having to share costs with government by meeting the national insurance and pension contributions of furloughed...

When can employers in the United Kingdom be held responsible for their employees’ actions? This article answers that question with help from a recent high-profile case and applies the lessons learned to manage the potential data and confidentiality risks when a large proportion of the workforce is working from home.

As of May 13, 2020, the release from lockdown has begun in England and we have the proposals for the phases of return. The United Kingdom is now not only Brexiting, but splitting from within in how it deals with COVID-19 and exits from a draconian lockdown: Wales, Scotland and Northern Ireland must continue to “Stay at Home,” whereas those in England must merely “Stay Alert.”

As the spread of the novel coronavirus COVID-19 continues to accelerate, employers are facing significant challenges to their business and their workforce. Employers are faced with an onslaught of employment law changes – from changes to statutory sick pay to the hot topic of the moment, furlough.

On March 20, 2020, Chancellor Rishi Sunak announced an unprecedented package of measures to help workers and employers in the UK, including a Coronavirus Job Retention Scheme (CJRS).

On March 20, 2020, Chancellor Rishi Sunak announced an unprecedented package of measures to help workers and employers in the UK, including a Coronavirus Job Retention Scheme.

The spread of the novel coronavirus (COVID-19) across the globe remains a significant concern in the workplace. Employers are confronting difficult questions regarding how to handle safety and health rules, travel restrictions, leave and accommodation, immigration, and other employment issues.  The following Frequently Asked Questions (FAQs) are designed to address some of the more common...

At the end of 2019, courts in the UK decided that ethical veganism is a protected philosophical belief under discrimination legislation. This decision has led to very strong opinions from lawyers, the public and the press as to what this means for employers and people’s rights more generally.

The UK Department of Health and Social Care (DHSC) and Public Health England (PHE), have published guidance about the Wuhan novel coronavirus to the public in the UK and to UK travellers.The Foreign and Commonwealth office is also regularly updating its guidance on travel to China.

Leaked Legal Advice Protected Under Privilege, Court of Appeal Holds - Precedential Decision by Judiciary or Regulatory Agency - On October 22, 2019, the UK Court of Appeal held that a leaked email, in which in-house counsel told a line manager that the company could use a planned reorganization to dismiss someone with a live grievance, was covered by legal advice privilege and could not be...

Well, first of all, the UK is going to get Brexit done! What this will feel like after years of wrangling will remain to be seen. There are some reports that Boris Johnson’s newly elected government is squaring up for a massive run-in with the EU over regulatory alignment and whether we will agree to what is known as the “level playing field.”

Well it’s been quite a year. Thank goodness it’s almost over! We started it (much as we have started every year since 2016) in a fog of uncertainty around Brexit. We have ended it at least knowing that the UK will be leaving the EU on January 31, 2020 (announced by Big Ben being brought back into action to chime and a new 50p coin), although our future relationship with EU remains as foggy as...

A question often asked by employers in the United Kingdom that are facing a strike or other forms of industrial action is whether they can engage agency workers to cover for those who are taking part in the strike.

The Employment Appeal Tribunal (EAT) provided useful clarity on when an act by an employee is done “in the course of employment” making the employer liable. The claimant had seen a colleague’s social media post featuring a “golliwog” (a racist caricature), which was unquestionably offensive, but which was posted outside of working hours.

Want a certificate for all your hard work on GDPR? Later this year, “certification” will come into effect as a way for both data controllers and processors subject to UK data protection laws to demonstrate compliance with the European Union's General Data Protection Regulation (GDPR).

To much fanfare and the great excitement of many employment lawyers, the UK Supreme Court recently delivered its first judgment on employment post-termination restrictions for a century, in Tillman v. Egon Zehnder. The court set a new test for determining when overly-broad provisions may be severed, in lieu of striking down an entire restrictive covenant.