The government has laid before Parliament the draft Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 aimed at abolishing the default retirement age. However, in the version seen by Eversheds, the transitional arrangements f...

Against a backdrop of difficult economic times, the appeal decision in Olds v Late Editions (and other cases) has been keenly awaited in the hope that it would clarify the application of TUPE law to insolvent businesses. A key question sits at the h...

The Government has laid before Parliament a revised draft of the Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 which are intended to abolish the default retirement age. The new regulations correct a pr...

From 6 April 2011 significant changes will be made to the operation of PAYE on both payments made to employees following the termination of their employment and on the engagement of new employees who fail to provide a P45. From that date, employers ...

The Government Equalities Office (GEO) is proposing to make significant changes to the planned specific equality duties that will apply to certain public bodies in England, as well as some operating across Great Britain. The Welsh Assembly Governme...

The Government has confirmed that the Code of Practice on Workforce Matters in Local Authority Service Contracts is to be withdrawn. It is not yet clear when the withdrawal will take effect. The Code applies in England and Wales to local authority ...

It has been reported that on 27 June 2019, the Supreme Court denied the Government’s request for permission to appeal against the Court of Appeal’s decision in the cases of McCloud and Sargeant regardi...

Eighteen months ago, the Government published a white paper on protecting DB pension schemes.  This was followed by consultations on a variety of matters, including a stronger Pensions Regulator, the introduction of collective defined contribut...

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How important is public procurement to the public sector? Many contracting bodies incur more expenditure each year on externally provided works, services and supplies than they do on their own workforce, but focus typicall...

The Government introduced tax reliefs and extended deadlines The Government decided on the tax reliefs previously announced, postponing the deadlines in connection with the annual report to 30 September. The payment of health services contribution b...

As part of the State opening of Parliament, the Queen today set out the government’s plans for legislation over the course of the new parliamentary session.  Disappointingly, however, the Queen’s Speech contained...

  1. Brexit Implications for Social Security Contributions 1.1 If the UK leaves the EU there may be social security implications for UK employers who have employees working in the EU, EEA or Switzerland. If there is a no deal Brexit then action...

Corona tax deferrals in the light of the applicable law Since the publication of the guideline from the German Federal Ministry of Finance ("Bundesfinanzministerium", BMF) published 19 March 2020 (cf. our ...

  On 26 March 2020, the Chancellor Rishi Sunak proposed a package of tax measures relevant to UK businesses, large and small to help ease the pressures we face from the impact of COVID-19.  One of the measures in force, is the deferral of ...

Tax relief for volunteers and donations in the Corona crisis The Corona crisis poses enormous challenges for the whole society. In order to mitigate the spread of the pandemic, a wave of helpfulness and solidarity has been raised to assist the fello...

The European Parliament agreed to a new 'recast' version of the European Works Council (EWC) Directive on Monday 15 December and this was confirmed when MEPs voted in favour on Tuesday 16 December. The recast EWC Directive is now expected to be...

The Government has today implemented new regulations (The Employment Relations Act 1999 (Blacklists) Regulations 2010) to outlaw the compiling and use of trade union blacklists. The regulations also aim to stop trade union...

A growing number of successful injunctions against trade unions to halt strikes is attracting increasing media attention. Arguments will undoubtedly continue about whether such injunctions are undemocratic, or simply reflec...

On Monday, the Home Secretary, Theresa May, launched the consultation document for the proposed permanent annual limit on non-EU economic migration. At the same time, details of a temporary limit to operate in the interim period until April 2011 wer...

The law relating to industrial action is complicated and many aspects are unclear, mainly because of conflicting court decisions, complex statutory rules or because of the absence of judicial interpretation. In particular, uncertainty exists over th...

The law relating to industrial action is complicated and many aspects are unclear, mainly because of conflicting court decisions, complex statutory rules or because of the absence of judicial interpretation. In particular, uncertainty exists over th...

The annual report published by BIS on trade union membership has just been published and contains new statistics for 2010. As in previous years, it tracks an ongoing decline in trade union membership levels and, similarly, a fall in the number of em...

There are over 900 European Works Councils (EWCs) providing for pan-European workplace consultation involving cross-border restructuring, mergers and transfers. While employers with EWCs have differing views on their success and relevance to date, l...

Welcome to our June UK labour law update. This edition contains the following content: UK labour law news Trade union membership rises to 6.5 million reversing recent falling trends PCS and TSSA unions move closer towards mergers with Unite  ...

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EU appears open-minded about pay between assignment contracts Having inherited the Agency Workers Regulations 2010 on taking office, the UK Government had p...

Court of Appeal upholds single collective bargaining unit for only 1.2% of employees in an otherwise non-unionised employer In a significant development for employers, particularly those without recognised trade unions and those with dispersed busin...

Employers are being urged to do more to look after the mental health of their workforce with the publication today of the outcome of the Stevenson/Farmer review of mental health and employers. Estimating that poor mental health costs employers betwe...

The Government has now responded fully to the 290 recommendations made by the Francis Inquiry earlier in the year. Since the publication of the report in February of this year, members of our team who acted as a part of the team acting as Solicitors...

Introduction In the recent case of Trafigura v Navigazone Montanari, the Commercial Court was asked to decide whether, on its true construction,  an amended Trafigura In-Transit Loss clause (the “ITL Clause”) (as inserted into a Bee...

Guru Update – Mitchell – where we have all been getting it wrong! The Court of Appeal on Friday afternoon, handed down judgment in a series of appeals arising out of applications for Relief from sanctions, Denton & Ors v TH Whit...

With increasing numbers of working parents comes a sharper focus on employer support for childcare arrangements.  On 6 April 2005, the Government is to introduce new tax incentives in relation to childcare arrangements which are intended t...

After nine years pursuing her claim against her employer, Michelle Alabaster walked away with an award of just £204.53.  However, the impact of the decisions of the ECJ, and now the Court of Appeal in the maternity pay case of Ala...

Employers, the leasing industry, professional advisers and many government departments including the DTI, were taken by surprise when withdrawal of the tax relief on computers supplied to employees was announced in the recent Budget. Numerous re...

December to April is bonus season. According to the latest annual report from the Office for National Statistics, bonuses for UK staff have reached a record £19 billion, a rise of £2.5 billion since last year. The forthcoming months will...

In a somewhat timely judgment, bearing in mind the May bank holidays, the Court of Session (the Scottish Court of Appeal) has clarified that it is not necessarily unlawful for an employer to not provide alternative leave days for part-time workers w...

The Chancellor has announced some important changes to the capital gains tax (CGT) regime. These changes may have a significant impact on the tax payable by your employees holding shares in your company traded on the full list. Abolition of taper r...

Many employers offer flexible benefits packages to their workforce. But the Age Discrimination Regulations have cast a shadow over some schemes, leaving employers and providers unsure as to how benefits such as private medical insurance should be ac...

Gordon Brown has announced that the Government plans to introduce legislation giving new rights to agency workers and working parents in the next parliamentary session.  In addition, all workers are to be given the right to ask for time off wor...

The Government has today announced that from next April, the right to request flexible working will be extended to all parents of children aged up to 16 years. It is estimated that an additional 4.5 million parents will benefit from the right. Sinc...

If you have not yet responded to the Eversheds survey as to the likely impact of the changes to agency worker rights upon your business and would like to do so by 13 June, please click here.   Main body The topics of equal rights for age...

After what has already proved a busy week for employment law news, the Government has published its consultation response to the second round of consultation on Agency Worker Regulations, which closed in December last year. The...

VAT treatment of vouchers provided to employees under salary sacrifice You will no doubt have been made aware of the recent CJEU (formerly European Court of Justice) ruling in AstraZeneca. The case involved AstraZeneca and the retail vouchers that ...