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Shoosmiths LLP | May 2023

Anecdotally, we are hearing that interim relief applications are on the rise. In this article we give employers the low down on what an application for interim relief actually is and why they should be on the lookout for them ...

Shoosmiths LLP | May 2023

BT announced earlier this week that it plans to cut between 40,000 and 55,000 jobs by 2030. It expects around 10,000 of these roles to be replaced by AI, particularly in customer services. BT’s recent announcement is a reminder that increased use of AI is now a key board agenda item, with businesses exploring whether they can increase efficiency and improve operations by investing in generative AI ...

Shoosmiths LLP | May 2023

Employment and immigration specialists Emma Morgan and Amy Leech look at the immigration considerations that arise in redundancy situations, acquisitions and insolvency procedures. A recording of the webinar is below along with a summary of key takeaways.   In current economic conditions, with the cost of living rising and the effects of the pandemic still lingering, businesses are having to look at ways to make cuts and reduce costs ...

Shoosmiths LLP | May 2023

The much-awaited Renters (Reform) Bill received its first reading in the House of Commons last week, on Wednesday 17 May 2023. After five years of consultation and refinement, the reforms aim to improve the leasehold system through increased regulation, digitisation and standardisation.  The Bill seeks to provide greater flexibility and security for residential tenants by imposing additional restrictions on private landlords ...

Afridi & Angell | May 2023

In the last few months, the UAE authorities have introduced a number of measures intended to increase the number of UAE nationals who are employed in the private sector. The Emirati Cadres Competitiveness Council (Nafis) program, originally established in 2016 with the aim of attracting UAE nationals to the private sector, has been reinvigorated ...

In a welcomed change to a class certification process that has long favored plaintiffs, the Sixth Circuit’s May 19, 2023 decision in Clark/Holder v. A&L Homecare and Training Center, LLC adopts a new standard for certifying Fair Labor Standards Act collective actions. In doing so, the Sixth Circuit becomes just the second appeals court to reject district courts’ use of the common two-step procedure for collective action certification ...

Shoosmiths LLP | May 2023

Progression of developments in technology have always led to impacts on the general workforce. With increased international focus on the speed of AI development and use, what could the impacts be of AI be on today’s workforce? The BBC have recently covered that “a March 2023 report from Goldman Sachs estimated that AI capable of content generation could do a quarter of all the work currently done by humans ...

Shoosmiths LLP | May 2023

The Chartered Institute of Personnel and Development (CIPD) has issued a report which provides guidance on supporting employees who are experiencing fertility issues. The report surveyed 300 workers who experienced difficulties with fertility while in employment within the last five years, as well as over 2,000 senior HR professionals and decision makers ...

Carey Olsen | May 2023

The IDP is valid for 10 years (unless extended) and the States are required by law to keep it under review. The DPA was about to embark on a review in 2020 but this was put on hold due to the COVID-19 pandemic. Last year, the States approved an action to carry out a targeted review of the IDP between 2023 and 2025. The review The review commenced on 25 January 2023, and it focuses on amending certain policies to meet government priorities ...

Shoosmiths LLP | May 2023

We look at what employers should consider when dealing with a data subject access request ('DSAR') made when tribunal proceedings are involved. The obligations to comply with a DSAR and disclosure in litigation are governed by two distinct processes. DSARs As part of their privacy rights an employee has the right to request from their employer a copy of their personal data, through making a DSAR ...

Mamo TCV Advocates | May 2023

  In the Industrial Tribunal case with number 3945/CC, the applicant, a Chief Operating Officer and Director, engaged with Amicorp Fund Services Malta Ltd, was dismissed by means of a letter of termination due to the fact that, according to the defendant company, he was not properly performing his functions. The Tribunal commented that the case was a particular one since it dealt with senior management, in which cases usually an amicable termination is arrived at ...

Shoosmiths LLP | May 2023

On 10 May 2023, the government announced its proposals for reforming employment law post-Brexit in its policy paper, Smarter Regulation to Grow the Economy, the main headline of which was the decision to reverse the sunset date from the Brexit Bill. The new policy paper sets out the first series of reforms in the government’s vision for a post-Brexit world and in particular focuses on how current EU derived regulations can be improved to reduce burdens on businesses ...

Shoosmiths LLP | May 2023

We hear so much about the rights of working families, but what about those who do not have children? Should employees without children be entitled to an equivalent form of ‘parental’ leave? We consider this question and how such leave could be managed. What is the position for parents? Parental leave is a form of statutory leave that allows working parents the right to take unpaid time off work to look after a child or make arrangements for their welfare ...

Shoosmiths LLP | May 2023

For those experiencing infertility, the impact on their mental and emotional well-being can be extremely detrimental. This week is Mental Health Awareness Week and we consider what employers can do to provide additional support. Recent years have seen an increased focus on mental health and well-being within the workplace - particularly following the COVID-19 pandemic ...

Shoosmiths LLP | May 2023

The government is pushing ahead with the establishment of a Responsible Actors Scheme (RAS) provided for under s.126 and 129 of the Building Safety Act 2022. The Scheme is initially aimed at major housebuilders and other large developers that have developed or refurbished multiple residential buildings that are known to have life-critical fire safety defects ...

Shoosmiths LLP | May 2023

After just over a week of waiting, the Government yesterday confirmed that the plan to throw some 4,800 pieces of Retained EU Legislation (“REUL”) onto the bonfire at the end of this year has now been scaled back. Instead we will only lose in the region of 500-600 pieces of legislation, with all remaining REUL becoming English Law ...

Asters | May 2023

On February 23, 2023, the Parliament adopted a new  Law of Ukraine "On Collective Agreements and Contracts"  (hereinafter - the " Law" ). Most of the provisions of the Law enter into force 6 months after the termination or cancellation of martial law, but we can understand what new this act offers now ...

Shoosmiths LLP | May 2023

At a recent event, Karen Kirkham (chair of JCT) and Sean Smylie (vice chair of the JCT) outlined the eagerly anticipated changes to the JCT suite of contracts. Speaking to members of the SCL in Birmingham, it was confirmed that the next edition is likely to be called JCT 2024 and is anticipated to be issued in the early part of next year ...

Shoosmiths LLP | May 2023

The Home Office recently updated the ‘reporting duties’ section of its guidance for sponsor licence holders. In particular, the Home Office has added new detail to the ‘change of work location’ section and clarified (to some extent) when a report needs to be made where a sponsored worker undertakes their work either remotely or through a hybrid working pattern ...

Shoosmiths LLP | May 2023

Recently published government guidance on reporting ethnicity pay data will assist those employers who voluntarily choose to report their data. We highlight the key messages from the guidance and the challenges employers need to address when reporting. It is a statutory requirement for employers with 250 or more employees to measure and report gender pay gaps ...

Shoosmiths LLP | May 2023

Employee Ownership Trusts (EOTs) are increasing in popularity with many entrepreneurs and business owners now looking at this alternative structure of exit. EOTs were introduced through the Finance Act of 2014 to encourage founders and other shareholders to pass ownership of their company on for the benefit of its employees. The John Lewis Partnership, a long-established brand, is well recognised for employee engagement, however EOTs were relatively slow to take off in the UK ...

Shoosmiths LLP | May 2023

We highlight the most significant employment law cases since January 2023 and the lessons that employers should take from them. Without prejudice correspondence It is common for employers to use ‘without prejudice’ correspondence when negotiating with an employee on the termination of their employment ...

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