Welcome to our first edition of Up to Date in 2020. Read on for a roundup of some of the latest news and developments in relation to employment.
What lies ahead for employment law in 2020?
We have updated our Employment, Incentives and Immigration Horizon-Scanner for the year ahead: take a look at what's coming up!
Highlights: We're still waiting for a couple of significant judgments on vicarious liability from cases heard by the Supreme Court in November 2019. April 2020 sees the introduction of new requirements for the information that must be provided to employees and workers in written statements of particulars, as well as changes to the off-payroll working rules and a new statutory right to parental bereavement leave and other changes. By July 2020, the Supreme Court will have the final say on the question of whether Uber drivers are workers. Finally, proposals for a new Employment Bill and a new Immigration Bill were outlined in the Queen's Speech in December 2019 (see below) and a new Equal Pay Bill was introduced in the House of Lords just last week - so watch this space!
To read this article, click here.
Equal pay: Continuing litigation on equal pay - Samira Ahmed v BBC
Just when you thought that unequal pay can be casted as an issue of historic importance, three recent cases showcase the reality that this is a much deeper and on-going problem than initially envisaged, and one on which big corporations do not have a proper handle.
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Equal Pay: New Equal Pay Bill
This Private Members Bill proposes to enhance current rights for employees to help protect them from unequal pay. Amongst other things, the Bill seeks to provide employees with a right to obtain information relating to the pay of a comparator, amend written statements of particulars to include equal pay and to require certain employers to publish information about the differences in pay between male and female employees and between employees of different ethnic origins.
To read this article, please click here.
Religion and belief: Ethical veganism is a philosophical belief capable of protection under the Equality Act 2010
As we recently reported, the question of what amounts to a philosophical belief under the Equality Act 2010 ("Act") was a hot topic in 2019, with Tribunals considering that a belief in Scottish Independence was protected by the Act, but that beliefs in vegetarianism and the sanctity of copyright were not.
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Business Protection: Breach of Confidence and Data Theft
The High Court has upheld claims of breach of confidence, inducing breach of contract and unlawful means conspiracy against a 'middle man' who bought (and sold on) personal data that had been unlawfully accessed and retained by an Aviva employee (Aviva Insurance v Oliver)
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IR35 Changes: Act Now!
All businesses involved in the use or supply of off-payroll workers are likely to be impacted by the impending changes to the IR35 rules, due to take effect on 6 April 2020. End users of such workers must determine the employment status of these workers and, where they are found to be employees for tax purposes, may bear the risk of PAYE and NICs.
To read this article, please click here.
Personal Services Companies (PSCs): Proposed changes to IR35 from 6 April 2020
From April 2020 the way IR35 operates will change for large and medium sized businesses engaging workers via their PSCs.
To read this article, please click here.