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Legal news, views, trends and tools for HR Professionals. Stay ahead. Go further

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Archives: March 2017

Employment status – the barometer: A round-up of the latest position

Introduction Employment status is certainly at the forefront of the Government’s agenda with the inquiry into the future world of work and the Taylor Review both in progress. There has also been a series of recent cases on employment status ranging from bike couriers to plumbers.  So why is someone’s employment status so important? 

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The Court of Justice of the European Union finds that dress codes requiring neutrality can be objectively justified

In a hotly anticipated judgment, the Court of Justice of the European Union (CJEU) has found that a policy of neutrality which banned workers from wearing any political, religious or similar items was not directly discriminatory and although it could be indirectly discriminatory, such a policy could be justified (depending on the facts of the case).  The decision comes in …

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Where do we stand now on subject access requests?

In the last two months there have been three important decisions that give guidance on the obligations of data controllers when faced with subject access requests.

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The price of talent – migrant worker costs set to rise yet again

Whilst uncertainty continues about UK based EU and EEA (European Economic Area) nationals in respect of their work/settlement options following a hard Brexit, the same is not true for skilled non-EU/EEA migrants wishing to come to the UK to work under Tier 2 of the Points Based System. In short it is going to become harder and more expensive to …

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Tax checking service for employment status – HMRC’s guidance on IR35

The HMRC tax checking service for employment status has become available. Some questions have been clearly written with the public sector in mind (for example with reference to required security clearances of substitutes and helpers). However, in general as the underlying tests for IR35 have not changed, we expect that this test will be used as a default free checking service …

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Contractors in the public sector – reform of the intermediaries legislation (aka IR35) – key points you need to know

The use of contractors is widespread in the public sector from programmers and IT consultants through to NHS locums and peripatetic musical instrument teachers. Contractors often contract through an intermediary – their own personal service companies (PSCs) – in order to benefit from the more favourable tax rules and rates which apply to companies. Under IR35 (the intermediaries tax legislation) …

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Lock v British Gas – leave to appeal refused by Supreme Court

The Supreme Court has refused British Gas leave to appeal in the long-standing holiday pay case. Last October the Court of Appeal confirmed earlier rulings that employers do have to pay commission as part of holiday pay and British Gas subsequently sought leave to appeal.

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Legal news, views, trends and tools for HR Professionals. Stay ahead. Go further