On October 23, 2019, the European Commission published its report after its third annual review on the functioning of the EU-U.S. Privacy Shield. The Privacy Shield, which became operational in August 2016, details procedures and safeguards for transatlantic data transfers from the European Union (EU) to the United States.
On July 3, 2019, in a long-awaited judgment the Supreme Court of the United Kingdom clarified the correct approach to deciding whether words can be severed from a post-employment covenant to leave an employee bound by the remainder of the covenant.
The 2018 World Cup is now in full swing, and the frenzy that surrounds this event can create low productivity for businesses, with staff focused on watching games—or perhaps debating the pros and cons of the recently-introduced video assistant referee (VAR)—instead of working.
In Pimlico Plumbers Limited and another v Smith, the Supreme Court has confirmed that the Employment Tribunal was entitled to conclude that Gary Smith, who worked under a contract that described him as an independent contractor, was a “worker” within the meaning of the Employment Rights Act 1996, the Working Time Regulations 1998, and the Equality Act 2010.
With the General Data Protection Regulation (GDPR), the European Union’s new privacy law having come into effect on 25 May 2018, thousands of companies have been flooding inboxes in recent weeks with emails asking for consent from recipients, seemingly to comply with the GDPR.
On April 6, 2018, there will be an important change to the way termination payments are taxed in the United Kingdom. New tax rules, which aim to simplify the taxation of termination payments, will mean that income tax and national insurance contributions (NICs) must be paid on all payments which relate to the notice period.
In an important decision regarding employment status in the United Kingdom (UK), the Court of Appeal, in Pimlico Plumbers Limited v. Smith, dismissed an appeal by Pimlico Plumbers concerning the employment status of a former worker.
In a decision that may have implications for other companies in the “gig economy,” an employment tribunal in the United Kingdom has ruled that drivers who provide services to Uber, a ride-sharing service, are not self-employed contractors but “workers” within the meaning of the UK’s Employment Rights Act 1996 and other laws governing working time and the minimum wage, namely the Working Time Regulations 1998, the National Minimum Wage Act 1998, and associated regulations.
On June 23, 2016, the United Kingdom (UK) will hold an “in or out” referendum to decide whether it should remain a member of the European Union (EU). If the UK chooses to leave the 28-member European Union, one certain consequence of that decision is that the UK will have the ability to change a significant portion of its existing employment law, which derives from EU law.
In parts one and two of this series summarizing data protection law in the United Kingdom, we looked at the data protection principles to which employers must adhere in relation to obtaining, holding, or disposing of personal data, including sending it outside the European Union (EU). In this final part of…..
The European Court of Justice’s decision in the Google case that it was required to remove links to “outdated” or “irrelevant” information about an individual has brought EU data privacy laws to the forefront of public consciousness. In part one of this three-part series, we looked at the core principles…..
The recent high-profile decision by the European Court of Justice involving Google has highlighted the existence of stringent data privacy laws in the European Union (EU). However, although the Google decision was groundbreaking insofar as it concerned a requirement that a search engine remove links to “irrelevant” or “outdated” information…..
There have been a number of significant changes in the United Kingdom’s employment tribunal system and employment dispute resolution rules over the last year. In this post, we outline two recent changes which, with the introduction in 2013 of fees for bringing tribunal claims, are likely to have an impact…..
The final post in this three-part series on U.K. employment laws covers the withholding and immigration obligations facing U.K. employers. Tax and National Insurance Under the U.K. Pay-As-You-Earn (PAYE) withholding system, employees are required to have income tax and social security, known as employees’ National Insurance Contributions (NICs) deducted by the employer…..
Part one of this three-part series covered the basic principles of employment laws in the United Kingdom and the minimum benefits and rights to which employees are entitled. Part two covers a number of employers’ obligations and rights to which employees working in the United Kingdom are entitled, including the…..
The United Kingdom’s and the United States’ employment laws differ in a number of ways. This three-part blog series summarizing U.K. employment laws will introduce U.S. employers to key concepts of the U.K. law that may be unfamiliar to them. It will also provide a brief overview of the key…..