Employer risk event meaning

Concerns have been raised that sections of the Employment Rights Bill intended to create a right to guaranteed minimum working hours, and to pay for shifts cancelled or shortened at short notice, lack essential specifics, which ministers say will be set out in regulations. Uncertainties include who will be covered—the measures are aimed only at those engaged on ‘low hours’, but the threshold has yet to be determined. Analysts also note that rules for establishing workers’ usual hours and what will constitute ‘reasonable notice’ of shifts are absent. Darren Newman, of Darren Newman Employment Law, has identified 15 distinct matters relating to the right to guaranteed hours that must be prescribed in regulations. ‘That leaves it almost immune to criticism because, when you ask how it will function, the reply is “It depends”,’ Newman said. The Bill does include an exception for limited-term contracts, though this is confined to cases where the employer reasonably believes the contract will conclude when a particular event or task is completed...

In this issue: Data protection Financial sanctions AML, CTF & counter-proliferation financing Other financial crime Question of the week Daily and weekly news alerts New and updated content Trackers Latest Q&A Data protection Clarity on processing sensitive data and right to compensation under EU GDPR (Krankenversicherung Nordrhein) In its judgment, the Court of Justice delineated the reach of Article 9(2)(h) EU GDPR on the handling of special-category data. Specifically, an employer may process an employee’s health information where it acts as the medical service provider of a health insurance fund. The court further held that Article 9(3) should not be construed so as to block the employee’s colleagues from having access to that information. On remedies, it confirmed that damages under Article 82 of the EU GDPR serve a compensatory, not punitive, purpose. It also set out a liability framework in which the controller’s fault is presumed unless the controller demonstrates that...

A risk with employment cessation events is that they can be set off unintentionally, for example because the last remaining active member of an employer in a multi-employer defined benefit scheme has left. The Employer Debt Regulations, SI 2005/678 were amended with effect from 6 April 2008 to introduce grace periods, a device intended to help employers deal with accidental employment cessation events. For further information on employment cessation events and other section 75 triggers, see Practice Note: When is a section 75 debt triggered? When can a grace period be used? When can a grace period be used? An employer in a multi-employer defined benefit scheme may notify the trustees that it wishes to enter a grace period (by giving a grace period notice) if: that employer ceases to employ active members at a time when at least one other employer still employs active members, thereby creating an employment cessation event, and it intends to employ at least one individual who is an...

The legislative framework The Pension Schemes Act 2017 The Pension Schemes Act 2017 (PSA 2017) is designed to strengthen safeguards for members of master trusts by tightening oversight of master trusts and addressing risk areas inherent in the master trust model when set beside other occupational pension schemes (such as profit-driven objectives, large cohorts of disengaged savers, and the potential jeopardy to pension pots if a master trust collapses). In summary, from 1 October 2018: master trusts must secure authorisation from the Pensions Regulator to operate as a master trust (with existing master trusts given until 31 March 2019 to submit an authorisation application, subject to any extension of the deadline granted by the Pensions Regulator). Five conditions must be met before the Pensions Regulator will grant authorisation—see: Authorisation criteria, below the Pensions Regulator has responsibility for the ongoing supervision of master trusts—see: Ongoing supervision and The Pensions Regulator’s proposed approach to supervision and enforcement, below master trusts must identify and manage ‘triggering...

THIS PRACTICE NOTE APPLIES IN RELATION TO DEFINED BENEFIT OCCUPATIONAL PENSION SCHEMES This Practice Note addresses the matters that purchasers and vendors need to assess carefully during a share sale when the target, or any of its subsidiaries, participates as an employer in a multi‑employer defined benefit (DB) scheme, rather than acting as the principal employer. References to the target company in this Practice Note are also to be read as including any such subsidiary. For discussion of the considerations where the target (or a subsidiary) is the principal employer of a multi‑employer DB scheme, see Practice Note: Pension issues in share sales—where target is principal employer of DB multi‑employer scheme...

It can sometimes occur that an employee has more than one employer, and their contract of employment expressly confirms this. Joint employment should be distinguished from arrangements like secondments, where the sole employer lends their employee’s services to a third party, or from sole employment where the contract terms permit the employer to direct an employee’s work to a third party. A joint employment contract should plainly set out the basis on which each joint employer exercises control over the employee, and may provide for an indemnity between the joint employers in the event of an employment tribunal claim...