Law at work - November 2018

Features

Modern Slavery Act – Home Office and NGOs drive for compliance

Organisations doing business in the UK are coming under increased pressure to comply with the Modern Slavery Act 2015. Both Home Office and non-governmental organisations are targeting businesses for both non-compliance and failure to renew transparency statements. We comment on the implications of this approach.

The beginning of the end of limited company contracting in the private sector?

Mirroring what is now the position in the public sector, the announced change in the 2018 Budget means that from April 2020, some individuals working through their own limited companies will no longer be responsible for determining whether or not IR35 applies. Instead, it will be the engaging company to decide whether the individual would be considered an employee for tax purposes.

Gig economy worker cases back in court

Uber, Deliveroo and Addison Lee are all back in the headlines: if you weren't in court, what did you miss? Additional reports suggest that some of the proposals of the Taylor Review may finally be acted upon including clarification of the worker status test itself.

Mind the pay gaps...plural!

We explore what employers need to know about the steps the Government is taking to widen the pay gap disclosure net to include ethnicity and how employers can respond to the push for greater transparency and accountability.

Case law update

Employer liable for director's drunken attack on employee at drinks after Christmas party

An employer was liable for the actions of its managing director, who had attacked an employee at drinks following the official Christmas party.

Tier 2 visas: employers must be "scrupulously accurate" when describing the job

The Home Office was entitled to revoke a company’s Tier 2 sponsor licence after concerns job descriptions had been drafted to exaggerate the skill level of sponsored roles.

Agency workers benefit from the same pay terms as permanent workers where employers' less favourable 'Swedish derogation' terms did not comply with law

Where an employer makes use of the 'Swedish derogation' it must ensure that the agreement with its agency workers complies with all the requirements stipulated by the Agency Workers Regulations.

Non-executive directors liable for detriment of decision to dismiss whistleblower, and jointly and severally liable for post-dismissal losses

This is thought to be the first case in which an individual has been held liable for dismissal-related whistleblowing claims, and employers should consider workplace training to highlight the risk of personal liability for co-workers and managers.