Eversheds Sutherland LLP (Ireland)’s Post

Gain insights from employment law experts on pressing topics and challenges facing today’s employers! Register today at https://ow.ly/JpQP50QpS7C 2024 State of the Workforce Summit in partnership with Ogletree Deakins! January 25, 2024 from 8 a.m. to 1 p.m. (Check-in and breakfast begin at 7:30 a.m.) Bonnet Springs Park Event Center, 900 Bonnet Springs Blvd., Lakeland, FL 33815 HRCI and SHRM Credits Available! Summit topics include: - Explore key labor and employment issues facing employers today, such as compensation, FMLA, ADA, social media, discrimination, immigration, and other issues being brought against employers all over the country. - Discover how to navigate “the Bermuda Triangle of leave laws,” which include workers’ compensation laws, the FMLA, and the ADA and gain legal and practical guidance on how to remain in compliance with the DOL, the EEOC, and state and local administrative investigative agencies. - The U.S. immigration landscape is constantly evolving. Gain an overview of the latest updates from the Immigration Service and Department of Labor and how those changes may affect your foreign national workforce. This session includes examining I-9 compliance for your entire workforce in light of recent Florida laws. - Explore some of the most common mental health challenges employers see, such as anxiety, depression, and addictive behaviors, as well as challenges such as introversion, HSP, and discrimination concerns. Hear best practices from a panel of legal experts who will guide you on providing a professionally sound and emotionally supportive work environment while appropriately managing ADA accommodation requests and other potential legal issues. #PolkCountyEmployers #HR #EmploymentLaw

All employers in New Zealand, no matter their size, will be able to use 90-day trial periods, with effect from Saturday 23 December. Previously, 90-day trial periods only applied to employers with fewer than 20 employees. This provision has been extended and is available to all employers. Any employer can provide a new employee with an offer of employment which includes a trial period. A trial period must be agreed to by the employer and employee in writing, and in good faith, before the employee starts work, as part of an employment agreement. There are a number of ‘must-dos’ in any employment relationship. The extension of 90-day trials will not affect other aspects of employment relations, such as the requirement to act in good faith, or worker protections regarding pay, conditions, leave, and health and safety.

💡 Important update for employers 💡 Superannuation will soon be included in the National Employment Standards ('NES') In our most recent blog, Simon Obee discusses five new changes to employment law. You can read more here: https://lnkd.in/gcXCkinj If you require specific legal advice, contact the team at EI Legal today.

Unions and workers’ rights groups are urging the government to reconsider plans to reintroduce fees for employment tribunals amid fears it will encourage exploitation, the Guardian reports. It continues: A coalition of 48 organisations, including the TUC, Citizens Advice, Joseph Rowntree Foundation, the Fawcett Society and Maternity Action, said bringing back fees, which were ditched in 2017, meant “bad employers are being given the go-ahead to undercut good ones”. In a joint statement the workers’ rights groups said the new fees, which start from £55 to bring a claim, risked pricing many people out of workplace justice. “We believe [reintroducing fees] will deter many from lodging worthy claims and gives a green light to bad employers to exploit their workers,” they said. “Bad employers are being given the go-ahead to undercut good ones, safe in the knowledge they are less likely to face claims in the employment tribunal … Employment rights are only real if they are enforced.” While the initial fee can cover a claim on behalf of more than one person, an additional £55 appeal fee would be charged for each judgment, decision, direction or order being appealed against. Some employment tribunal rulings, such as the hard-fought case over employment status by Uber drivers, faced multiple appeals hearings over many years, meaning that significant costs could still be racked up for claimants. The government said last month that it was on consulting on bringing back fees, arguing that the proposed costs were low enough to allow workers to pursue low-value claims. Help would also be available for those who could not afford the fee. There is also an exemption for individuals using a tribunal to claim their right to a payment from the national insurance fund, which usually relates to pension contributions or redundancy payments where an employer is insolvent. #hr #humanresources #hrdirector #hrmanager

📢 Attention HR Professionals and Business Leaders! 2024 is a landmark year for employment law, bringing significant legislative changes that could impact your organization. With a general election on the horizon, we can anticipate even more updates in the latter half of the year. 🚀 Key changes, identified in the below article from Brodies LLP include: - New statutory holiday rules effective from January 1, 2024. - Revised holiday carry-over and pay calculations based on recent case law. - April updates for irregular hours and part-year workers’ holiday entitlement and pay. - Increased minimum salary thresholds for skilled worker visas. - A new immigration salary list, updated business visitor rules, and higher penalties for illegal working. Stay ahead of the curve and ensure your business is prepared for these changes. #EmploymentLaw #HR #BusinessLeadership #LegalUpdates #BrodiesLLP Olivia McDonald Lynne Macdonald James Walker Joe McShane Mary Muñoz Thomas Donlon David Colquhoun Alistair Dickson Kirsty Scott https://lnkd.in/e3cRUBWY

🔍 Public consultation launched on non-compete and non-solicit provisions in employment agreements 📅 As of April 4, 2024, Australia is reevaluating its stance on restrictive employment covenants. The Hon. Dr. Andrew Leigh MP has initiated a nationwide public consultation to scrutinize non-compete, non-solicit, and other similar provisions in employment contracts. This review, led by the newly formed Competition Taskforce, seeks to ensure that competition laws remain effective and relevant in today’s dynamic job market. 📑 Insight into the Issues Paper The Competition Taskforce has released a comprehensive Issues Paper to guide the public consultation, running until May 31, 2024. The paper focuses on whether current laws fairly balance the needs of businesses with workers' rights and overall community welfare. It also explores the effectiveness of similar policies in countries like the USA, UK, and Germany, potentially adapting those insights to the Australian context. 🛑 Potential Outcomes of the Reform The ongoing review could lead to significant changes, such as: 🔹Complete Ban: Total elimination of non-compete clauses in employment agreements. 🔹Compensation Requirement: Mandates employer compensation for the duration of non-compete clauses. 🔹Income Threshold: Limits the enforceability of restraints to high-earning employees. 🔹Duration Restrictions: Caps the allowable duration for post-employment restrictions. 🔎 This is a pivotal moment for Australian employment law, with potential implications for job mobility and innovation. The outcomes could redefine how businesses protect their interests while supporting a fair and competitive job market. #HRPolicy #NonCompete #EmploymentLaw #JobMobility

From today, 6 December 2023, Australian employers will be restricted from issuing a prohibited fixed term or maximum term contract, due to a number of new limitations. Under the Fair Work Legislation Amendment (Secure Jobs Better Pay) Act 2022, a fixed-term contract entered into from today is prohibited if it contravenes one of a range of parameters, including the period of the contract is greater than two years or the employer issues more than two consecutive fixed-term contracts.   It is important to note that prohibitions also apply to employees who are currently on a visa. If any of the prohibitions apply, the employee’s contract would still convert to a permanent contract, subject to ongoing working rights within Australia. There is also a requirement for employers to give any employees they’re engaging on a new fixed term contract a Fixed Term Contract Information Statement: https://lnkd.in/gXB-_va7   There is set to be significant change in Australian workplace laws over the next 12 months, which our Employment and Reward team will be following as these changes have the potential to transform Australian workplaces. If you want to know more about how these law changes will impact your organisation please get in touch with us: https://lnkd.in/gthxgUsm #fixedtermcontract #contracts #employmentlaw #legalupdate #pinsentmasons

🌟 HR TOPIC - WHY EMPLOYMENT CONTRACTS MATTER 🌟 In the Land Down Under, employment contracts are more than just pieces of paper – they're the foundation of a fair and legally compliant workplace. Here's why having an employment contract in Australia is crucial: 🔷 Legal Protection: Employment contracts provide legal protection for both employers and employees. They outline the rights and responsibilities of each party, reducing the risk of disputes and ensuring everyone knows where they stand. 🔷 Fair Work Act Compliance: Australia's Fair Work Act sets out minimum employment conditions. Employment contracts help ensure that these conditions are met, such as minimum wage, leave entitlements, and termination procedures. 🔷 Clarity on Terms: Having a written contract clarifies important terms and conditions of employment, such as working hours, probationary periods, and notice periods. This clarity is essential for avoiding misunderstandings. 🔷 Customisation: Contracts can be tailored to meet the specific needs of the job and the company. This flexibility allows employers to create agreements that suit their unique circumstances. 🔷 Mutual Understanding: Contracts promote mutual understanding and trust between employers and employees. When everyone knows what to expect, it fosters a positive working relationship. 🔷 Security and Stability: Employment contracts provide a sense of security and stability for employees, knowing that their rights and benefits are documented and protected. In Australia, employment contracts are not just a formality; they're a legal and ethical necessity. They ensure that workplaces are fair, compliant, and built on trust. So, whether you're an employer or an employee, make sure you have a solid employment contract in place—it's your key to a successful and harmonious working relationship. #employmentcontracts #FairWorkAustralia #protection #legaldocument #clarity #security #stability #compliance #rights #benefits #entitlements #trust #opencommunication

Nothing says Christmas like employment law!   The start of 2024 not only brings a New Year but also several potential changes to employment legislation (festive, we know).   One of the most significant confirmed changes is the sizeable hike in fines for employers who are not conducting correct right-to-work checks.    These have tripled to amount to £45,000 for a first breach and £60,000 per employee for any repeat breaches.    To avoid penalties, employers must be able to immediately produce correct right-to-work documentation for all of their employees.  To help you out, we are offering a special half-day rate to visit your workplace and conduct a right-to-work check on all employees. Think of it as a flying visit from the Christmas elves…  The process is as follows:  • For employees with a UK passport: An in-person check of the passport in the presence of the relevant employee. Passports must be scanned, dated, and signed, before being uploaded to Breathe.   • For employees who do not hold a UK passport: In addition to the above, an online right-to-work check must be conducted through the government webpage. Employers must ensure that all relevant supporting documents and the result from the online right-to-work check are saved to the employee’s file.   If you would like to get organised but won’t be able to coordinate a site visit, we can also conduct digital right-to-work checks on your behalf.  This is a quick, hassle-free way of meeting your obligations, offering you peace of mind as the new fines come in.    For more information or to book your visit, please get in touch at assist@kateunderwoodhr.co.uk.  #HR #righttowork #employmentlegislation #smallbusiness  

People teams - prepare yourselves! I spent some time this morning trawling through Labour's manifesto for the workplace. *Not a political post btw, just a summary of some of the changes we can expect.* Some very interesting developments, and with a majority parliament, we can probably expect some of these changes to happen fairly quickly. Key things I have seen: 🔞 Removal of National Minimum Wage/National Living Wage age brackets. Your minimum pay is currently set by age. 1️⃣ Day one rights for parental leave, unfair dismissal and sick pay (and although it's a bit unclear, possibly statutory redundancy pay and statutory notice periods). These rights often kick in after qualifying periods, usually two years. 👷♂️ Worker and employee status to become a single status. Again, this seems to give more rights to employees on flexible contracts, such as protection against unfair dismissal and having a notice period. ❌ Zero-hour contracts and 'fire and rehire' practices to become illegal. 🛡 More protection for self-employed workers. There is a specific mention of 'action to tackle late payments'. 👀 🤸♂️ Flexible working to become the 'default from day one'. 📴 Right to switch off which is currently law in Ireland, which may see this becoming contractual. I imagine employees and businesses will have a lot to think about as there is a lot of proposed change. Wouldn't mind being an Employment Law Solicitor in the next year or so 🤑 Interested to hear about what people are excited/nervous about in the above? No political opinions please! 😁 I think we can at least all agree that action to help late payments to self-employed people is a welcome sign. #employmentlaw