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BREXIT - more about the labourers than the law? Like it or not, we have to think about what employment law changes might occur over the next 2 years if UK voters decide, on 23 June 2016,  to “leave” rather than “remain”, when answering the question:  "Should the UK remain a member of the European Union or leave the European Union?". However just saying:  “The following laws don’t apply any more” isn’t a practical option. The reasons are that unpicking 40+ years of jointly developed...

There is growing pressure from many quarters to introduce a living wage. All of the main parties at their recent conferences made promises aimed at improving the financial position of those on the national minimum wage ("NMW"). In line with Vince Cable's speech to the Liberal Democrats, BIS has already announced that the government is to propose to the Low Pay Commission that there should be a single NMW rate for apprentices and 16-17 year olds, with the apprenticeship rate rising...

The government is set to ban the use of exclusivity clauses in zero hours contracts. Do you have strong views about zero hours contracts?  A lot of people do. The government launched a consultation on their use (or misuse) in December 2013. By the time that consultation closed in March 2014, it had received over a record breaking 36,000 responses. Zero hours contracts are contracts under which an employer does not guarantee to provide any work and only pays the worker for...

This is an important update to a warning we gave on restrictive covenants in our blog of 22 April 2014 "Can a court rewrite a non-compete restriction in favour of an employer?", when my colleague Jonathan Golden wrote about the unusual case of Prophet v. Huggett, in which the High Court re-wrote a badly written restrictive covenant, in order to make it "work" in a business context. The case was surprising, because the High Court didn't follow the usual principles that (1) a...

Of all the issues that affect employers and individuals, the use of zero hours employment contracts was one that was particularly picked up on by, and debated, in the media last year. Are they one of the ways by which the UK has developed a flexible labour force able to avoid the levels of unemployment seen recently in some other European countries? Or are they (as Dave Prentis General Secretary of Unison has argued) "a return to the bad old days...

  Many fingers are being crossed in relation to the new employee shareholder rights that are coming in to force on 1 September 2013.  There is also a lot of uncertainty surrounding "who needs to do what" if the new employee shareholder status is going to work - either now, or in a way that it can be relied on when there is a parting of the ways between employees and companies. What is certain, however, is that the Government - which continues...

In coming to power the Coalition Government had set out clearly that they wished to review employment law to maximise flexibility and to ensure a competitive edge, in short, there was a very real appetite to reduce red tape in this area as it was perceived as 'choking' growth. At the end of 2011, the Department of Business, Innovation & Skills called for comment on the TUPE and redundancy consultation processes because, 'Employers have said during the Employment Law Review that the...

There is talk that the proposed sharing between parents of 58 weeks of maternity and paternity leave - 22 weeks for the mother, 6 for the father and the remaining 30 weeks to be shared (including simultaneously, if the employer agrees) between the parents as they choose - could be delayed from April 2015 to October 2015.  Finalised plans are expected to be announced later this month. The apparent reason for the change of plan is Government disagreement over the impact...