Blake Morgan's Employment Law Newsletter - Winter 2019

Posted by Joanne Davies on
A warm welcome to Blake Morgan's Winter newsletter, keeping you informed of the latest developments in Employment Law.

With the Brexit uncertainty continuing and a "no deal" Brexit still possible the Government has provided further clarity on the migrant status of EU nationals already in the UK and those who have yet to arrive which is a welcome development. Please see our article for more details.

29 March 2019 isn't the only key date coming up. Mandatory increases to contributions for auto-enrolment will be required from the start of the new tax year on 6 April 2019 and for many employers, these changes will involve decisions as to whether they are duty bound to consult with affected employees.

If you are interested in keeping up to date with Pensions law developments, you may want to be added to our Pensions Mailing list to receive our updates and invitations to events, or forward this to a colleague you think would be interested. Please click to update your marketing preferences, ensuring that you select Pensions, and which method of communication we can use to contact you.

Recent reports have referred to a draft bill guaranteeing that UK workers’ rights will keep pace with those in Europe. There is no further information as yet but the recently published Good Work Plan set out proposals for the "largest upgrade in workers' rights in over a generation" and our article looks at the proposals and timescales.

I hope you will find all the articles informative and helpful, and if you would like any further information please do not hesitate to get in touch with your usual Blake Morgan contact.

You may have already received our invitation to our Spring Employment Club Seminars which commence in the Cardiff office on 5 March and for details of all the other dates and please click here. I do hope you can join us.

Finally, I am delighted to inform you about the achievements of our team and Blake Morgan in the prestigious Legal 500 Directory and Chambers and Partners guide where both the team and the firm continue to be recognised with high rankings in both directories. I am also delighted to let you know that many of our employment and pensions lawyers have been recognised personally for their achievements and this recognition is well-deserved. The results reflect our success over the last 12 months and we are proud that the expertise and professionalism of our lawyers have been recognised.

Reforms to Employment law rights - how significant are they?

Are the changes proposed in the Government's Good Work Plan "the largest upgrade in workers' rights in over a generation"? We look at the proposals and timescales.

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Automatic enrolment alert: Consultation with employees

Imminent mandatory increases to contributions for auto-enrolment could mean some employers are legally required to consult with employees depending on how the changes take effect.

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How to avoid unfavourable treatment

How can employers avoid treating employees unfavourably because of something arising in consequence of their disability? The Supreme Court gave some guidance in a recent ruling and identified the key questions to be addressed.

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Brexit: EU nationals in the UK update

With the threat of a 'no deal' Brexit becoming ever more possible, where are we with the migrant status of EU nationals already in the UK and those who have yet to arrive?

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The unavailability of the companion – to postpone or not to postpone?

Carrying out a fair procedure is essential for avoiding unfair dismissal claims and a recent EAT decision deals with the common scenario where an employee requests a disciplinary hearing to be postponed because their preferred companion is unavailable.

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Supreme Court rules on disclosure of past convictions

The Government will have to consider making changes to the rules relating to criminal records disclosure following the Supreme Court's decision that certain elements of the disclosure provisions are in breach of Article 8 of the European Convention on Human Rights. 

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Proposals for better protection during pregnancy, maternity, and family leave

We look at the Government's latest consultation on increased protection for parents, especially new and expectant mothers. 

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Protections extended for whistleblowers 

The Court of Appeal has held that a whistleblower's colleagues can be personally liable for dismissal-related detriments and the losses flowing from the dismissal.

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How to protect against misuse of commercially-sensitive information 

Protecting trade secrets and confidential information is crucial. We look at recent Regulations and the steps employers can take to prevent staff from misusing commercially-sensitive information.

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References: what you need to know 

When either providing or asking for a reference, it's important to consider the key points made in recent Acas guidance and the Data Protection Act 2018's change to accessing references.

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Reforms to Employment law rights – how significant are they?

Are the changes proposed in the Government's Good Work Plan "the largest upgrade in workers' rights in over a generation"? We look at the proposals and timescales.

Read more

About the Author

Joanne is the head of the firm's Employment, Pensions and Immigration group.

Joanne Davies
Email Joanne
029 2068 6121

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