UK People Reward and Mobility Hub
The latest updates in employment, benefits, pensions and immigration
At the moment contractual payments in lieu of notice are subject to tax and NIC deductions. In the absence of a contractual right to make a payment in lieu of notice, such a payment is generally regarded as damages for breach of contract, and can be paid without deduction of tax up to the £30,000 threshold.
The European Court of Human Rights has found that the covert surveillance of an employee at his or her workplace must be considered to be a considerable intrusion into his or her private life. It entails a recorded and reproducible documentation of a person’s conduct at his or her workplace, which he or she, being obliged under the employment contract to perform the work in that place, cannot evade.
In the latest round of changes to the Immigration Rules, two changes to the rules on continuous residence are likely to have a significant impact for many of those looking to secure indefinite leave to remain (ILR) in the UK.
A steady trickle of gender pay gap reports are now being published as 2017 draws to a close, leaving just over three months until the 5 April 2018 deadline for publication. However, analysis by the Financial Times suggests not all of the published results are accurate. Meanwhile, the Government Equalities Office (GEO) has published a toolkit to assist employers in calculating and publishing their gender pay gap data and then taking action to remove any gap.
Please read Gina Unterhalter’s article for People Management here…
The Migration Advisory Committee (MAC) was asked by the UK government to advise on the economic and social impact of the UK’s exit from the European Union (EU) and also on how the UK’s immigration system should be aligned with a modern industrial strategy.
As you will no doubt have seen in the news, progress has been made in phase one of the Brexit negotiations. We have prepared a summary of the position on citizens’ rights; whilst it has been stressed that “nothing is agreed until everything is agreed”, the lie of the land is starting to look a little clearer for those EEA nationals who are already in the UK.
WM Morrisons Supermarkets plc have been found vicariously liable for a data protection breach after an employee bearing a grudge deliberately published personal details of 100,000 of its employees on the internet.
In King v. Sash Windows, the European Court of Justice (ECJ) has held that anyone deemed to have “worker” status is entitled to carry over paid annual holiday in circumstances where they have not had the opportunity to take it.
The Employment Appeal Tribunal (EAT), in the recent case of Graham v. Agilitas IT Solutions Ltd. (Agilitas), ruled that an employer cannot rely on parts of a without prejudice conversation held in accordance with s.111A of the Employment Rights Act 1996 (ERA) and/or the “common law” without prejudice rule, whilst at the same time seeking to use the without prejudice rule as a shield in reference to that same conversation. S.111A of the ERA permits discussions between an employer and an employee with a view to terminating employment on agreed terms to remain confidential and inadmissible in proceedings before a tribunal for unfair dismissal.
The Office for National Statistics published data this week that shows London as a region has the widest gender pay gap in the UK. Currently, women working full-time in London earn 14.6 per cent less than their male colleagues. In the past twenty years the gap has narrowed only slightly from 15.1 per cent. In contrast, during this same period the pay gap in Wales and Scotland has gone from 17.5 per cent and 18.4 per cent to 6.3 per cent and 6.6. per cent respectively.
Uber presented its application to the Supreme Court to appeal the Employment Appeal Tribunal (EAT) decision that its drivers are workers and should have associated rights.
