Employment Law Newsletter – Autumn 2018


18th October 2018

A warm welcome to Blake Morgan’s Autumn newsletter, keeping you informed of the latest developments in Employment Law.

With the Budget just over a week away and the Brexit negotiations reaching a crucial stage these are uncertain times. Changes to the tax relief available on pension contributions are regularly debated but will there be a definite announcement in this month’s Budget and are other pensions changes likely? Take a look at our Pensions article for our view on what may be announced.

If you are interested in keeping up to date with Pensions law developments, you may want to be added to our Pensions Mailing list to receive our updates and invitations to events, or forward this to a colleague you think would be interested. Please click here to sign up for our mailing list, pleases ensure that select Pensions, and which method of communication we can use to contact you.

It’s been over a year now since the abolition of Employment Tribunal fees and there has been a consistent and marked increase in claims. The most recent quarterly report provides the details. If you would like an insight into how to manage a claim going without the stress of being involved for real you may be interested in our Mock Employment Tribunal event being held in our Southampton office on 14 November.

Six months on, employers and others are still getting to grips with the complexities of the new regime for the taxation of termination payments. Our latest article on this both highlights that the legislation is not as simple as the idea first appeared, but also helps you focus on the key points to remember as well as specific issues and examples.

Finally, we don’t have all the details yet but the Parental Bereavement (Leave and Pay) Act 2018 received Royal Assent on 13 September and it provides a right to two weeks of time off for employees who suffer the death of a child under the age of 18. The details will be set out in separate Regulations which are expected to be in force by April 2020. I hope you will find all the articles below informative and helpful, and if you would like any further information please do not hesitate to get in touch with your usual Blake Morgan contact.

The Budget is coming – possible changes to tax treatment for pension contributions

This year’s Budget will take place on 29 October and there is the usual speculation that the Chancellor will make changes to the tax relief available on pension contributions but other changes to pensions may be announced as well.

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Taxing termination payments – six months on

Are you using the new mandatory calculation when establishing what part of a termination payment is taxable? Six months on, are there still areas that you, your managers or your payroll colleagues find confusing? We guide you through some common issues.  

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The “after party” – could employers be liable for what goes on? 

With employers planning Christmas parties, or indeed any kind of “works do”, we look at a case where the employer was held vicariously liable for an employee’s actions when those at the office party moved on to another venue where a fight broke out.

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How flexible are you?

Whether you are a millennial, baby boomer or generation X, or a working parent or not, flexible working is a benefit attractive to all ages and a government Task Force has been set up to promote its implementation.

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Unlimited holidays – employment utopia or career suicide?

No cap on holiday entitlement is increasingly a perk being offered by employers, including Netflix and Virgin. Is giving employees the freedom to decide how much holiday they need every employee’s dream, or could the taking of annual leave damage careers?

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Significant increase in Employment Tribunal claims 

There has been a consistent increase in Employment Tribunal claims since the abolition of fees in July 2017 and the most recent quarterly ET statistics show a 165% increase in single claims compared to the same quarter last year.

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Acas Guidance on overtime rights published 

Acas guidance on overtime explains the different types of overtime available; the relationship between overtime and pay (including holiday pay); and how overtime interacts with other legislation which protects part-time workers and working time.

Read more

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