McDermott Will & Emery (LexBlog United Kingdom)

In the UK, changes in restrictions will see non-essential shops opening and many workers hesitantly going back into offices even though they could work from home. Government focus has therefore started to shift to the “re-opening” of business. Access the full article.

Her Majesty’s Revenue and Customs (HMRC) has issued its sixth update to the Coronavirus Job Retention Scheme Guidance (Guidance). Separately, the UK Treasury has issued a Treasury Direction (Direction) to HMRC setting out the legal framework for the Scheme. There are few points that have been clarified in the Guidance, but there is one glaring...

Antitrust regulators in the United States and Europe were very active in the final quarter of 2019. The FTC and DOJ continue to investigate and challenge M&A transactions in a variety of industries. Events of this quarter highlight the importance of states in merger enforcement. As well, recent FTC activity highlights the regulators’ focus on...

The United Kingdom is no longer a member of the European Union and has entered into a transition period until December 31 2020, unless an extension of 1 or 2 years is agreed by July 1 2020 (the Brexit Long Stop Date). During this transition period, the UK will continue to trade with the EU...

The UK Government has confirmed that it will extend to the private sector tax rules designed to target tax avoidance by contractors who operate through an intermediary personal service company (PSC). The UK Government has announced that new “off-payroll working” tax rules (commonly known as IR35) will apply to the private sector from April 2020....

Investment in artificial intelligence (AI) and digital health technologies has increased exponentially over the last few years. In the United Kingdom, the excitement and interest in this space has been supported by NHS policies, including proposals in the NHS Long Term Plan, which set out ambitious aims for the acceleration and adoption of digital health...

In case you have been distracted by other recent events in the UK, here is a reminder that the compensation limits on Employment Tribunal awards and certain other amounts payable under UK employment legislation increased as of the first week of April 2019. This alert sets out the changes in full and highlights important consequences...

The compensation limits on Employment Tribunal awards and certain other amounts payable under UK employment legislation will increase as of 6 April 2018. This alert sets out the changes in full and highlights important consequences for employers. Access the full article.

Whilst 2017 was anticipated to be a fairly static year for UK employment law, that did not in fact prove to be the case, and there were various notable developments. To a large degree, 2018 is likely to be defined by the ongoing Brexit negotiations and the passage of the EU Withdrawal Bill, which will,...

The UK Employment Appeal Tribunal has upheld the Employment Tribunal’s finding that Uber drivers are “workers”. It rejected Uber’s argument that Uber is simply a technology platform acting as an agent to connect self-employed Uber drivers with users of the ride-hailing app. What Is the Issue? The United Kingdom recognises three categories of employment status:...

In this “back to school” round-up, we take the opportunity to catch up on the most important UK employment law events and developments in 2017 to date. Continue Reading

McDermott’s “Key Employment Law Events in 2017 and Beyond” update highlighted the upcoming regulations requiring certain employers to report on the gender pay gap in their workforce (Equality Act 2010 (Gender Pay Gap Information) Regulations 2017) (the Regulations). Under these Regulations, from April 2017, large private and voluntary sector UK employers will be required annually...

As you may have seen from the extensive press coverage, the UK Employment Tribunal has delivered its much anticipated judgment in Aslam and Farrar v Uber. The case was about whether Uber drivers are self-employed contractors, or are “workers” with rights to minimum wage, statutory holidays, sick pay and breaks, amongst other workers’ rights. Read...

Divestments often constitute the most appropriate remedy to resolve antitrust concerns in the context of merger control. However, behavioural commitments may also have the same commercial effects as a divestment. This was illustrated in a merger control case handled by the United Kingdom Competition Market Authority (the ‘CMA’) in the specialist magazines sector. Another feature...

The government has published its response to feedback received on its proposals to simplify the taxation of termination payments, expected to come into force in April 2018. The following table sets out the main proposals and the effect these will have on employers. Importantly, there is no change to the current £30,000 tax free allowance....

With the United Kingdom having voted to leave the European Union (Brexit) on 23 June 2016, the free flow of personal data between the United Kingdom and EU and European Economic Area (EEA) countries is at risk. Should the United Kingdom also leave the EEA and thus become a “third country” for the purposes of...

Just over a month has now passed since the referendum in which the United Kingdom voted narrowly to leave the European Union: an event which some have characterized as the greatest potential shock to the UK economy since the Second World War. For most multinational groups considering the potential consequences of Brexit on their tax...

On 19 July 2016, the European Commission (Commission) imposed fines totaling €2,926,499,000 on four truck producers (39824 – Trucks). The fine is the highest ever imposed on members of a cartel by the EU competition regulator. The case is also noteworthy because it is the first Commission prohibition decision following “Brexit” and could thus become...

With the United Kingdom having voted to leave the European Union (Brexit) on 23 June 2016, the free flow of personal data between the United Kingdom and EU and European Economic Area (EEA) countries is at risk. Even though Brexit will likely have the biggest impact on the financial sector, businesses in the United Kingdom...

On 9 June 2016, the UK’s Competition and Markets Authority (CMA) issued a statement of objections (SO) to Ping Europe Limited (Ping), a golf equipment manufacturer, alleging that Ping had breached EU and UK competition law by banning the sale of its golf clubs online. In the event that the CMA ultimately determines that Ping’s...

The compensation limits on Employment Tribunal awards and certain other amounts payable under UK employment legislation will be increased as of April 6, 2016. Read the full UK Employment Alert.  

A new obligation has been introduced requiring large commercial organisations operating in the United Kingdom to publish a “slavery and human trafficking statement” at the end of each financial year. The requirement extends to all commercial organisations in any part of a group structure (wherever incorporated, and whether a company or a partnership) that carry...

Last week, the Court of Justice of the European Union (CJEU) gave an important data privacy ruling, which any business transferring personal data between the EU and US should know about – particularly those that have made use of the “Safe Harbor” scheme for data transfer, which the CJEU has now ruled to be invalid....

Background UK legislation provides that, when a UK employer proposes to make redundant 20 or more employees at one establishment within a period of 90 days or less, the employer is required to collectively consult representatives of those affected, prior to implementing that proposal. Failure to do so can lead to the employer being required...

Juggling maternity rights and practical employment issues can be notoriously difficult, and has the potential to make what should be a happy event seem rather daunting, for both employer and employee. We see the same questions arise time and again on some particularly thorny maternity topics, including HOW TO: Deal with bonus, commission and holiday...

The compensation limits on Employment Tribunal awards and certain other amounts payable under UK employment legislation increased as of 6 April 2015. The key changes are set out below. What Does This Mean for Employers? The changes took effect on 6 April 2015 and apply to dismissals that occurred on, or will occur after, that...

On 11 May 2015, the UK Information Commissioner’s Office (ICO), the French data protection authority (CNIL) and the Office of the Privacy Commissioner of Canada (OPCC) announced their participation in a new Global Privacy Enforcement Network (GPEN) privacy sweep to examine the data privacy practices of websites and apps aimed at or popular among children....

In the latest in a long-running series of cases on holiday pay, the Employment Tribunal has handed down its first judgment in Lock v British Gas Trading Limited. This judgment confirms the principle that workers paid commission should receive holiday pay at a rate reflecting normal income, which can include commission, rather than basic salary...

A recent decision by the Employment Appeal Tribunal (Norman & Others v National Audit Office [2014] UKEAT 0276/14/1512) has emphasised the need for employers to ensure that “flexibility clauses” are drafted unambiguously and have contractual effect if they are to be effective. Read the full article.

On the third anniversary of the EU Commission’s proposed new data protection regime, the UK ICO has published its thoughts on where the new regime stands. The message is mixed: progress in some areas but nothing definitive, and no real clarity as to when the new regime may come into force. The legislative process involves...