In our previous article we set out what kind of information needs to be disclosed for it to qualify as a protected disclosure. Here we look at another key requirement, that the person making the disclosure reasonably believes it is in the public interest. What is (or is not) in the ‘public interest’ is not defined in legislation, and subsequently it can be difficult to determine ...
Litigation between the Associated General Contractors of America (AGC) and the Small Business Administration (SBA) may be nearing an end (The Associated General Contractors of America, Inc. vs. United States Small Business Administration, et al.,United States District Court for the District of Columbia). AGC initially filed a lawsuit against SBA in December 2020, challenging the introductions of Form 3509 and Form 3510 (Loan Necessity Questionnaires) in October 2020 ...
With the third wave of COVID-19 in full swing in South Africa, it has never been more important for South African employers to anticipate and prepare for the various COVID-19 related disputes that may lie ahead. It is vital to learn from the challenges already confronted by employers worldwide concerning issues such as vaccination, occupational health and safety, and flexible working arrangements and their approaches to such matters ...
In a case concerning the validity and effect of certain deeds relating to pension increases, the High Court has handed down its judgement. The case also considers the application of scheme forfeiture clauses to arrears of underpayments. The case, concerning the Axminster pension scheme (‘Scheme’), was brought by the Scheme’s independent trustee. Many of the original issues were compromised by the parties, meaning that the court was asked to approve the compromise ...
Starting around October 26, 2020, the Small Business Administrations (the “SBA”) asked Paycheck Protection Program (“PPP”) lenders to provide certain questionnaires to PPP borrowers with loans of $2 million or greater. There are two questionnaire forms on the Treasury: Form 3509 for for-profit borrowers and Form 3510 for non-profit borrowers ...
Employers who are faced with employee requests for accommodation on the basis of family status may find that the response to such requests depends on the province of employment ...
On 11 June 2021, the Minister of Employment and Labour released the much-anticipated vaccination guidelines. These are included in the amended Consolidated Direction on Occupational Health and Safety Measures in certain Workplaces (the “Directive”). While some have interpreted the Directive as giving employers carte blanche to impose mandatory vaccination policies, this is not the case ...
Deadlines loom, as changes to rules on the rights of EEA and Swiss citizens to live and work in the UK are fast approaching. With many developments to keep apace of, we have highlighted the key dates and points which employers need to mark in the diary. 1 ...
As many of us continue to work from home and/or have opportunities for travel and meeting up restricted, we are continuing to run our essential webinar series for employers to ensure that our clients and contacts remain up to date and equipped to deal with all eventualities! Our latest seminar focused on diversity and inclusion in the workplace ...
On June 21, 2021, the Department of Labor (DOL) proposed a new rule to restrict the amount of non-tip-producing work a tipped employee can perform when an employer is taking a tip credit. The proposed rule clarifies that if an employee performs work that directly supports tip-producing work for a substantial amount of time — at least 20 percent of the hours worked in a workweek or at least 30 continuous minutes — the worker must be paid the standard minimum wage ...
The pandemic has shined a bright light on the importance of safety and health in the workplace. While most employers are well aware of the rules that they are required to follow when it comes to safety and health, many have not thought about what to do when an OSHA inspector arrives at the workplace. Here in Oregon, with some exceptions, most employers fall under the jurisdiction of Oregon Occupational Safety and Health (Oregon OSHA) ...
In one of the most highly anticipated decisions in the employment law arena, the Employment Appeal Tribunal has found that Maya Forstater’s ‘gender-critical’ belief is a philosophical belief worthy of protection under s10 of the Equality Act 2010 (“EqA”). Ms Forstater complained to the employment tribunal that she was discriminated against because of her gender-critical belief that sex is biologically immutable and that ‘transwomen are men’ ...
Free movement of workers from the European Economic Area (EEA) was ended by Brexit and the UK Government introduced the EU Settlement Scheme to bridge the gap between the UK’s two immigrations systems of those coming from the EEA, and those coming to the UK from outwith the EEEA. The EU Settlement Scheme is a mechanism for any EEA citizen who lived in the UK before 31 December 2020 to remain lawfully in the UK ...
Agricultural rent reviews have been a source of controversy within the industry for many years. After a period of 15 years or so where there was little rent review activity in the agricultural tenanted sector between the early 1990s and the mid-2000s, a sharp spike in commodity prices during the course of 2007 led to a large number of rent review notices being served ...
In the latest article for our Tricky Issues series, we explore what employers need to consider when seeking to change contracts of employment and the legal risks which may arise when those changes are not agreed by the employees concerned. A contract is a binding agreement between its parties and cannot normally be amended without the express consent of all signatories ...
The Government has published its first statement setting out its vision for legal migration and border control as part of the new plan for immigration. This article summarises the key goals that form part of the vision. The statement sets out key delivery priorities for 2021 – 22 ...
Prior to the pandemic, companies allowed remote work sparingly and where necessary because of the location of certain key players in other states or countries. Many employers felt that remote work was not practical, citing technology gaps and company culture. According to a survey of 600 IT decision-makers conducted in May 2020 by research firm Vanson Bourne for Xerox Holdings Corp ...
Key Points Effective July 1, 2021, the state law rules regarding break-in-service and hours limitations for hiring public-sector retirees will be reinstated. Public sector employers and retirement systems need to determine if any action, such as reinstatement or compliance with required governing agency appointment process, is required to continue to employ retirees who were hired or whose employment was extended during the COVID emergency ...
Key Points Fully vaccinated employees no longer need to wear face coverings indoors or outdoors. The revised ETS removes all social distancing requirements. Employers must provide respirators to employees who are not fully vaccinated "upon request." Governor has issued an executive order which makes the revised ETS enforceable immediately upon submission to the Office of Administrative Law ...
Last week, the Occupational Safety and Health Administration (OSHA) issued a COVID-19 Emergency Temporary Standard (ETS) for employers only in the health care sector in response to President Joe Biden’s January Executive Order on Protecting Worker Health and Safety. The ETS becomes effective on the date it is published in the Federal Register, which is yet to be determined. In addition, OSHA promulgated new non-binding guidance for employers in all other sectors ...
Although this issue was debated in the plenary session on 18 May 2021, the Judgment has not yet been published in the official gazette (Diário da República), so it has not yet taken effect. However, the 180-day trial periods of contracts entered into before this declaration of unconstitutionality are not safeguarded. Therefore, in practice, we will have terminations of contracts during the trial periodthat may now be declared to be illegal dismissals. 1 ...
In light of the continuing Covid-19 outbreak in Vietnam and various regulations issued by the Government and the Ministry of Labor, Invalids and Social Affairs (“MOLISA”), some key considerations remain with respect to employee entitlements that employers must address and make due preparations for, as outlined below: 1 ...
