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People involved in the recruitment process should possess a working knowledge of the legal basics. There are also several common areas where employers can often inadvertently, fall foul during recruitment which are discussed below. The legal basics of unlawful discrimination The Equality Act 2010 is the legislation that sets out
GDPR and discrimination In this HR article, we provide some guidance to help make recruitment practices safer and to improve legal compliance. Questions around how employment law affects recruitment and selection, are common. There are a few key areas to be mindful of. The main ones are contract law, employment
On 23rd July the response to consultation regarding caste and equality law was published. In summary, the consultation findings of ‘Caste in Great Britain and equality law: a public consultation’ are that, in relation to discrimination, caste will not be specifically legislated as an aspect of race. What is caste?
IR35 introduced to stop abuse The IR35 rules first came into force with the Finance Act 2000 with the aim of preventing contractors from avoiding paying their dues by drawing a tax-free salary from a company structure which they had created for that precise purpose. According to HMRC, someone earning
What do you need to know about Criminal Finances Act from a HR perspective? It often falls to HR to keep the business on the straight and narrow in other areas of legal compliance. This month, we are helping with critical changes in financial issues, which affect familiar HR areas
How does an employer balance the right to privacy of their drivers against the legitimate rights of their business, when using vehicle trackers? What principles do employers need to comply with in order to ensure compliance under the General Data Protection Regulation (GDPR)? Vehicle tracking technology enables employers to ensure
The new tax year brings the annual payment increases in many pay bandings; some from the beginning of the month and some follow shortly afterward. See our tables below for what’s changed and when. Minimum wage National Minimum Wage 1 April 2018 1 April 2017 Aged 25 and above (national
Just like with breaks, an employer is not actually obliged to ensure each of their employees or workers are remembering to take their holidays. Indeed, sometimes we must try and ensure they are not taking too much! Managing holiday An employer only needs to enable staff to take holiday
What’s changing for HR in 2018 and what are the key dates to be aware of? Everyone with an interest in employment law will need to be aware of important dates and key topical issues; most of which will affect many of us. Some are pivotal developments that could
Finally published a year after its announcement, “Good Work: The Taylor Review of Modern Working Practices” runs to 116 pages and contains many recommendations for change, including several that are of particular interest to employers and HR teams. ‘Worker’ status scrapped The Taylor Review proposes that a new category, ‘dependent
It’s impossible to have escaped the fact that next year, new stricter rules on data protection will come into force that will introduce more stringent rules on how companies handle personal data. The General Data Protection Regulation (GDPR) will replace the current Data Protection Act. From 25 May 2018,
The recent European Court of Justice judgement ruled those without a fixed or habitual office should consider the travelling time they spend between their homes and the premises of their first and last jobs as part of their hours for the day. The ruling relates to the Working Time Directive
Acas have issued an updated Code of Practice following an appeal hearing about a worker’s right to be accompanied. The ACAS Code of Practice March (2015) was released after an appeal determined that if an employee makes a reasonable request to be accompanied to a disciplinary or grievance hearing, their
The Government has published new legislation regarding the forthcoming amendments to the National Minimum Wage. There will be tougher penalties in place for employers who fail to pay the National Minimum Wage. These include doubling the penalty for non-payment and disqualifying guilty employers from holding a directorship for up to
This April sees the abolition of employer National Insurance Contributions (NICs) for employees under the age of 21. Chancellor George Osborne announced the changes as part of a Government initiative to reduce unemployment levels amongst young people. The scheme looks set to reduce employee contributions for as many as 340,000
In response to consultation on the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) the changes that are due in January 2014 are to make sure both employers and employees are treated fairly when a transfer takes place. The driving force behind the planned change is to help smaller
Former Chelsea first team doctor Eva Carneiro has lodged a claim of constructive dismissal against her former employer. Chelsea’s Premiere League defence started with a 2-2 draw against Swansea on the 8th August. Towards the closing stages of the game and with the scores already level Eden Hazard received an
Grandparents will be able to take shared parental leave and pay under plans laid out by Chancellor George Osborn. The chancellor announced the plan at the Conservative party conference last weekend. Consultations on the details of the policy will take place next year, with the policy set for 2018. The
Travel time for employees without a fixed place of work now counts as working time following a ruling by the European Court of Justice (ECJ). The time that an employee spends travelling from their home to their place of work when they have no fixed place of employment now legally
From October any large business that operates in the UK will be required to publish a ‘modern slavery statement’. The statement must outline the steps that the business has taken to ensure that neither slavery nor human trafficking is taking place within their company. This also extends to any supply
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