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Employment Law Blog

26 April 2016

Subject Access Requests - Guidance on the crime and legal privilege exemptions

The recent High Court decision in Gurieva v Community Safety Development (UK) Ltd (“CSD”) gives some practical guidance to data controllers on the approach they need to adopt if they wish to rely on the crime and legal privilege exemptions to compliance with Subject Access Requests (“SARs”) made under the Data Protection Act 1998 (“DPA”). 

25 April 2016

“Pulling a Sickie”

In the recent case of Ajaj v Metroline West Limited the Employment Appeal Tribunal (EAT) considered the effect of “pulling a sickie” on the employer/employee relationship.

Áine Kervick

19 April 2016

Modern Slavery Act: Is your business ready?

The date triggering the first reporting obligations under the Modern Slavery Act 2015 (the MSA) passed a few weeks ago.  Here is a brief look at some of the key questions we are being asked.

Kirsty Churm

7 April 2016

FCA 2016-17: Culture and Governance take centre stage but AML and financial crime remain key priorities

The Financial Conduct Authority published its Business Plan for 2016-17 on 5 April. Underlining its aim to ensure that the UK has an effective, innovative and trusted financial sector which meets the needs of its users, a number of core priorities for the coming year were set out.  Louise Hodges and Julie Matheson examine what’s on the agenda for the next 12 months. 

Louise Hodges

5 April 2016

The tax treatment of settlement payments: Are payments made to employees on account of injury to feelings, discrimination or termination of employment, subject to tax?

In the Upper Tribunal (Tax and Chancery Chamber) case of Moorthy v Commissioners for HMRC, the Upper Tribunal overruled earlier Employment Appeal Tribunal decisions in relation to the taxable status of payments made on account of injury to feelings and provided guidance on the taxable status of payments made on account of injury to feelings, discrimination or termination of employment. It was held that “where payments are made directly or indirectly in consideration or in consequence of, or otherwise in connection with the termination of employment”, they are subject to tax. Therefore, any compensation received in connection with termination of employment is taxable (unless an exemption is applicable such as the usual £30,000 exemption, or the injury/disability exemption). 

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