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Employment Law: What to expect in 2017

Here’s what to look out for in the employment world in 2017.


There is no real clarity as to what Brexit means and its impact on UK employment law. Freedom of movement within the EU is clearly going to have some impact on employers in the UK and recruitment could become potentially challenging.

Potential Important Appeals in 2017

Much has been made of the so called ‘gig’ economy and whether individuals are employed or self employed. Cases recently which have made big news were the ‘Uber’ Case and the ‘Pimlico Plumbers’ case. There are a number of tests looked at by the tribunal to establish whether or not a person is an employee or not and the area can be potentially complex although neither or these cases have particularly changed the legal landscape in this area. Expect more challenges and appeals throughout 2017.

Gender Pay Gap

Gender Pay Gap reporting regulations for companies in the private sector employing more than 250 employees are expected to come into force in April 2017.

Apprenticeship Levy

The apprenticeship levy is expected to come into force in April 2017

National Living Wage

This rises to £7.50 an hour in April 2017

Salary Sacrifice Schemes

Salary sacrifice schemes to be abolished from April 2017

Free Childcare

In September 2017 30 hours free childcare will become available for 3 and 4 year olds in working families.

Data Protection

The EU General Data Protection Regulation does not come in force until 2018 but 2017 will be a year when employers need to begin to ensure that they are prepared for the changes ahead to ensure that they have appropriate employee consent for the processing of employees personal data.

Under the GDPR consent must be freely given and unambiguous. Generic and almost passive consents provided for in contracts of employment will not be a valid legal basis to justify processing employee personal data.

For any further assistance please contact Richard Newstead