Following the Court of Appeal decision in North West Anglia NHS Foundation Trust v Gregg  EWCA Civ 387, is it now “beyond a reasonable doubt” that employers can continue internal processes before the conclusion of criminal proceedings? Put simply: not quite. However, this is a very helpful case for employers, considering whether there will … Continue reading Disciplinary proceedings and parallel criminal investigations
Overview The Senior Managers and Certification Regime (SM&CR) will apply to solo-regulated firms from 9 December 2019. In order to implement SM&CR and comply with it on an ongoing basis, such firms will have to process a significant amount of personal data about their staff. We recommend SM&CR project leads and data protection officers ensure … Continue reading Data protection implications of the Senior Managers and Certification Regime (or SM&CR + GDPR = DPIA + FPN)
Until recently, most of us would have dismissed such a question as ridiculous, but until recently the employment and immigration status of EU nationals in the UK has been clear: they have the right to live, work and study in the UK under the principles of free movement, as do their dependants. Hundreds of thousands … Continue reading Can I refuse to employ a non-British EU national?
It’s commonly observed that equal pay legislation has been in place for over 40 years but a significant gender pay gap stubbornly persists. One of the likely reasons for this is that equal value claims are dauntingly complex, long-running and expensive. While claimants in most employment tribunal litigation can expect a result comfortably inside 12 … Continue reading Multiple equal pay claims and tribunal fees: new game, new rules?
For the employment lawyer, HR leader and finance director, large multiple equal pay claims are the perfect storm: legally complex, divisive for the workforce and potentially enormously expensive. They’re also rare; most employment lawyers will go through their entire career without encountering one. All of which means that it’s often a sweaty-palms moment when the … Continue reading Litigating multiple equal pay claims