In this month’s instalment, our team discuss recent findings by the Employment Appeal Tribunal that employers should consult on the fairness of redundancy pools and that future claims can be waived under a settlement...more
As part of its “Smarter regulation to grow the economy” initiative, the UK government is consulting on further changes to TUPE. These include making it clear that TUPE applies to employees, not the wider category of workers,...more
In the wake of the Retained EU Law (Revocation and Reform) Act 2023 (REUL Act) the UK Government has published draft regulations, with which employers will need to get to grips quickly as many of the new rules come into force...more
Parliament returned from its summer recess in September, allowing proposals on preventing sexual harassment to progress and the right to request a more predictable contract to become law. Angela Rayner’s speech to the TUC...more
In the case of Ponticelli Limited v Gallagher, the Scottish Court of Session has confirmed that the right to participate in a share incentive plan transferred to the transferee / new employer under TUPE even though the...more
In this month's instalment, our team highlight key updates to ACAS guidance on employee holiday entitlement and sickness absence, and artificial intelligence in the workplace. We also explore a recent Employment Appeal...more
In this month’s instalment, our team highlights the UK’s plans to reform employment law in a post-Brexit world, with a focus on what it might mean for employers and UK employment law. We also discuss new employment...more
We previously reported on the Retained EU Law (Revocation and Reform) Bill (the “Bill”) and the uncertainty it brought for UK employers. Some recent developments from the UK government have given further clarity on what...more
Hotfooting off its policy paper published last week, the UK Government has started consulting on how to reform rules on working time record-keeping, paid holiday entitlement, and limited aspects of TUPE consultation. It has...more
The government has announced that it will not repeal most retained EU law at the end of the year as originally planned. However, it is planning to use Brexit-related freedoms to amend some aspects of the Working Time...more
The Retained EU Law (Revocation and Reform) Bill, or “Brexit Freedoms Bill,” is moving through the UK Parliament. Bill would end the special status of Retained EU Law in the UK (those laws kept in place at the time of Brexit)...more
In this episode of The Proskauer Benefits Brief, partner David Teigman, senior counsel Nick LaSpina, and special international labor & employment counsel Nicola Bartholomew, discuss differences between asset sales in the US...more
Split the difference - CJEU decision on fragmentation applies to service provision changes - When a contract is retendered, services that were originally provided by a single contractor may be divided between two or more...more
Further detail has now been published about the Job Retention Bonus which employers who retain furloughed employees until the end of January 2021 will be eligible to claim. Introduction - Following the Government’s...more
In this OnPoint we report on the further guidance on the Coronavirus Job Retention Scheme (the Scheme) issued by the Government on Friday 12 June, 2020 and the issues that employers need to consider in planning for the final...more
This OnPoint reports on the further detail issued about the operation of the Coronavirus Job Retention Scheme on Wednesday, 15 April 2020. Introduction - On Wednesday, 15 April 2020, the UK Government confirmed – by way...more
In this episode of The Proskauer Brief, New York partner Howard Robbins and London partner Dan Ornstein discuss how U.K. laws affect U.S. employers. As if dealing with U.S. employment laws are not difficult enough,...more
No objection – TUPE was principal reason for dismissal - In Hare Wines Ltd v Kaur, the Court of Appeal confirmed that a TUPE transfer was the principal reason for an employee's dismissal, despite the employer's evidence...more
In ICAP Management Services Limited v Dean Berry and BGC Services (Holdings) LLP [2017] EWHC 1321, the High Court examined the circumstances in which TUPE may apply to a share sale. Mr Berry was a senior executive at ICAP...more
In Depth - What laws will change now? - None. The United Kingdom will continue to be an EU Member State until procedures are completed for exiting the European Union. This is likely to be a long process that...more
Although much of the UK’s current employment law framework derives from the EU, it seems unlikely that the UK’s exit from the EU would result in significant legal changes, at least in the short term. There are several reasons...more
The Acquired Rights Directive (ARD) applies across the Member States of the European Union and is implemented in the UK by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the “TUPE Regulations”)....more