See:

http://www.contractorcalculator.co.uk/primary_path_ir35_case_hmrc_391410_news.aspx
http://www.contractorcalculator.co.uk/ecr_consulting_ir35_ruling_contractor_outside_386210_news.aspx

http://www.oft.gov.uk/business-advice/treating-customers-fairly/dshome/

As appears to be the case with several pieces of recent legislation, there is some confusion as to the actual requirements of the new law. The Information Commissioner’s Office (ICO) has recently published guidance on how websites can comply with the new law, though, is not definitive and leaves it up to businesses to decide how best to obtain the necessary consent.

The ICO advises businesses to:

• review the types of cookies their websites use and for what purposes;
• assess how intrusive those cookies are; and
• decide which options for obtaining consent will be appropriate for the different cookies used

Options suggested for obtaining consent include pop-ups and splash pages, tick boxes to t’s and c’s (not just relying on privacy policies), settings led consent and feature led consent.

The Government is working with browser makers to come up with a way to gather consent via browser settings, but there is no clear view on when, or if, this will ready! In the meantime the ICO has said that it will give businesses 12 months to change their use of cookies but has said that they should not simply rely on the Government coming up with a browser solution and so businesses would be wise to develop plans to address the use of cookies.

The new rules allow penalties to be imposed of up to £500K where there has been a serious breach that is likely to cause substantial damage or distress, although the ICO has said it expects monetary penalties only in limited circumstances. Further guidance on those circumstances is expected.

See:

http://www.ico.gov.uk/~/media/documents/library/Privacy_and_electronic/Practical_application/advice_on_the_new_cookies_regulations.pdf

http://www.ico.gov.uk/~/media/documents/library/Privacy_and_electronic/Practical_application/enforcing_the_revised_privacy_and_electronic_communication_regulations_v1.ashx

From day 1 of an assignment all agency workers must be given access to the hirer’s facilities (such as canteen, childcare facilities, etc) and information on job vacancies.

After 12 weeks in the same job with the same hirer all agency workers will be entitled to be treated equally in relation to basic working conditions. This includes basic pay, the duration of working time, the length of night work, rest periods, rest breaks, time off for ante-natal appointments and annual leave. Thankfully basic pay does not include things like contractual sick pay, maternity paternity and adoption pay, redundancy payments, profit sharing and share option schemes so these will not have to be offered.

The Regulations are not retrospective, so for those agency workers already on assignment, the 12 week qualifying period will only start from 1 October 2011.

To help businesses through the new regulations the Department for Business, Innovation and Skills has issued the following guidance.

See:

http://www.bis.gov.uk/assets/biscore/employment-matters/docs/a/11-949-agency-workers-regulations-guidance.pdf

• the unlimited compensation currently available in discrimination claims believed by some employers to encourage vexatious claims;
• the consultation period for collective redundancies which many employers consider hinders their ability to restructure effectively; and
• the TUPE regulations, seen by some employers as “gold-plating” the protections required under EU law.

Who knows whether any of this will eventually reduce the burden on UK business – don’t hold your breath!

See:

http://nds.coi.gov.uk/content/detail.aspx?NewsAreaId=2&ReleaseID=419433&SubjectId=2

The Act has come under much criticism for being too general with many commentators suggesting that it is so wide it will sound the death knell for corporate entertainment.

Despite all the criticism the Coalition Government has decided to bring the Act into force as originally drafted but, at least in response to that criticism, the MoJ has issued guidance about which procedures commercial organisations can put in place to prevent bribery.

The Serious Fraud office and Director of Public Prosecutions have also issued guidance on how they will approach decisions on whether or not to prosecute under the Act.

This guidance will be of help to you in deciding what steps you need to take to ensure compliance with the new Act but one thing is for sure – they will not give you a clear / concrete blueprint. Businesses are going to have to make some judgement calls around how they address the issue.

See:

http://www.justice.gov.uk/guidance/making-and-reviewing-the-law/bribery.htm

http://www.sfo.gov.uk/media/167348/bribery act joint prosecution guidance.pdf

See:

http://www.bbc.co.uk/news/uk-politics-11695416

In an interview with Radio 4”s Today program on 1 Nov, Lord Young revealed that the Government is considering increasing the period before an employee can bring a claim for unfair dismissal from 12 months to 2 years.

This was the position during the 80’s and 90’s, although it was as low as 6 months in the 70’s.

Whilst this news may bring some relief for employers and consternation for employees you should remember that there is no qualifying period for a discrimination related claim. If this change does take place, perhaps all that will happen is the number of standalone unfair dismissal claims will reduce but discrimination claims will increase?

http://news.bbc.co.uk/today/hi/today/newsid_9144000/9144977.stm

The European Commission is taking the UK to court for failing to comply with EU rules on internet privacy.

For details see:

http://www.bbc.co.uk/news/world-europe-11443734