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This briefing note is only intended as a general statement of the law and no action should be taken in reliance on it without specific legal advice.

Employment Law Update
 Briefing 
Date
30 April 2015

Employment Law Update

Welcome to our latest newsletter, designed to keep you updated on recent developments in employment law, and to let you know what is on the horizon.


A FAIR SHARE

The widest reforms to "family friendly" legislation since the introduction of statutory maternity pay are now in force, and apply to families whose babies are born (or families who adopt a child) on or after 5 April 2015.  The provisions are complicated, but we have produced some guidance for those who are trying to understand the new rules.


I COULD USE A HOLIDAY [PAY ANALYSIS]

The law on holiday pay has changed a lot in the last year.  Employees who earn overtime or commission as part of their normal pay will benefit greatly from these changes.  Our analysis of the recent case law can be found here.


UNREASONABLE ADJUSTMENTS

It can be very difficult for an employer to work out how far it needs to go in order to make reasonable adjustments for disabled employees in the course of a redundancy process.  We look at some recent case law and give some pointers to help employers avoid liability here.


TAKING AGES

Some recent cases have shed light on how the courts will approach claims of age discrimination.  In particular, how much the increased costs of employing older people can be factored into any decision, and to what extent the court will examine the motives of those in the decision making process.  We examine them here.


BULLYING IN CYBERIA

The rise of social media has brought enormous advantages to industry.  However, as with anything, it can be abused.  Here we look at the growing problem of cyber bullying, and what employers can do to avoid it and protect themselves.


ZEROING IN ON THE PROBLEM 

Many people see zero hours contracts as a means by which workers may be exploited by unscrupulous employers.  These concerns have prompted the government to consider introducing legislation as a solution to the perceived problem.  In the meantime, here is a look at the issues in this debate.


PAYING THE PRICE: FINANCIAL REPORTING COUNCIL RULES

New guidelines have been issued which govern executive pay in the UK's 1,300 largest companies, in an effort to make senior managers more accountable and to align their interests more closely with the companies for which they work.  We explain the new rules here.


NEW RATES FOR OLD

The annual changes to the statutory compensation limits have been announced.  The new rates are found here.


REGIME CHANGE

Following a review which found that the current regulatory system was fundamentally flawed, the Financial Services Industry is about to undergo a complete overhaul.  Firms will now be expected to act as mini regulators, and the buck will stop with the senior managers in those firms if things go wrong.  We examine the proposed changes here.


IMMIGRATION UPDATE

There have been some significant changes to immigration law.  Here, we examine the introduction of Biometric Residence Permits and the NHS Surcharge, and consider the implications for employers.


MOVERS AND SHAKERS

After 10 years as Head of Mishcon de Reya's Employment Department, Joanna Blackburn has decided to stand down to enable her to give a greater amount of time to her increasingly demanding portfolio of firm-wide initiatives.  Effective 10th April 2015, we welcome Daniel Naftalin, a Partner in the Employment department since 2003, as our new Head of Department.

We are also delighted to announce the appointment of Sharon Tan, who joins as a Partner in our Employment department.  She has strong corporate client experience spanning multiple business sectors, and handles all aspects of contentious and non-contentious employment law.  Sharon's expertise in complex, high-value and high profile employment cases complements our existing practice and will add further weight to our established reputation in this area.  Her appointment enhances our breadth of offering and depth of expertise and reflects the continued success of the department.


For more information, or to discuss how any of these issues could affect your business, please contact Daniel Naftalin.