Archives: Labor & Employment

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The IBM appeal – when is a pensions promise not a promise?

Employers can pursue pension plan change with renewed vigour following the publication of the judgment in the IBM appeal. They can now be less concerned about whether promises they have made in the past may bind them into the future, as the weight of an employee’s “reasonable expectations” argument has been significantly downgraded making it … Continue Reading

Do you employ one of the 433,000? Action required if so!

An important deadline is coming up for employers who have used the transitional period for schemes with defined benefits to delay their automatic enrolment duties.  Whilst the transitional period has not been widely used – the Pensions Regulator’s most recent monthly compliance report sets out that, as at July 2017, approximately 433,000 workers have had … Continue Reading

Good Work? Must try harder on tax

The report resulting from the Taylor Review of Modern Working Practices (the Taylor Review), ‘Good Work‘, was finally published on 11 July 2017. The Taylor Review’s primary focus was new ways of working, the ‘gig’ economy, worker rights and responsibilities, and employer freedoms and obligations. Although tax was not (formally at least) within its remit, … Continue Reading

Board games: Employees to be fairly represented on the boards of UK companies?

Originally mooted by Theresa May during the hustings for the leadership of the Conservative Party (see our report), the proposal to enable employee representation on the Boards of UK companies finally assumed the status of formal government policy on Wednesday (5th October 2016) with the measure being specifically mentioned in the Prime Minister’s closing speech to … Continue Reading

Simplifying employment status – moving forward at a glacial pace

At the Autumn Statement last week the Government announced that it had responded to the Office of Tax Simplification (OTS) report on employment status originally published in March and it was “taking forward the majority of its recommendations”. Now, 9 months after the March report, a letter from HM Treasury has emerged indicating which of … Continue Reading

Moving on – changes to the taxation of shares for internationally mobile employees

For employees that move from country to country, the taxation of benefits in the form of shares is different from the way in which other types of remuneration are taxed in the UK. This can be a pain to administer and result in significant tax advantages to some employees, whilst others are worse off.  The … Continue Reading

Additional Thoughts About the U.S. Supreme Court’s Hobby Lobby Decision

For employers, the Hobby Lobby decision of the U.S. Supreme Court makes no attempt to define the scope and meaning of the term “closely held” corporation.  The majority opinion stated that “the cases before us are closely held corporations, owned and controlled by members of a single family”.  Is this ruling supposed to be limited … Continue Reading

401(k) plans – new rule on fiduciaries delayed (again)

The U.S. Department of Labor’s revised proposed rule for defining a fiduciary has been delayed … again. Most recently expected in August, the Labor Department is now predicting January 2015. And, the rule has a new name: The Conflict of Interest Rule for Investment Advice. As a refresher, the proposed rule would broaden the definition … Continue Reading

UK Budget 2014 – employment tax

The Budget did not contain much that was new in relation to employment tax issues. Many of the measures had been previously announced. However, there has been further information published in the past week and today in relation to a number of changes, including revisions to the legislation on dual employment contracts and further guidance on … Continue Reading

Two Strikes Rule

For three years Australian directors have had to contend with the ‘two strikes’ rule regarding executive remuneration. Under the rule shareholders have the opportunity to spill a company’s board of directors if the resolution to approve the company’s remuneration report receives a ‘no’ vote of 25% or more at two successive annual general meetings (the … Continue Reading
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