A regular feature of our Up to date briefing is to keep you appraised of open consultations, calls for evidence and surveys affecting the employment law arena.
If you would like us to respond on your behalf, please let us know.
We set out below details and links to the consultation, call for evidence and survey documents which may be of interest to in-house employment lawyers and HR professionals.
OPEN CONSULATIONS / CALLS FOR EVIDENCE / SURVEYS:
Public consultation on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (the so-called "Written Statement Directive") (European Commission)
This consultation is designed to gather insights and contributions from the public in the context of the ongoing evaluation of the "Written Statement Directive". This would impose an European-wide obligation on employers to inform employees of the terms and conditions of employment. Contributions from employees, employees' organisations or employees' representatives, employers, employers' organisations and public authorities are especially sought.
Closure date: 20 April 2016
Consultation on guidelines for reporting non-financial information (European Commission)
This consultation is designed to collect views from stakeholders on non-binding guidance on the methodology for the reporting of non-financial information by certain large companies across all sectors (following Article 2 of Directive 2014/95/EU on disclosure of non-financial and diversity information by certain large undertakings and groups). All citizens, companies, investors, organisations and public authorities are welcome to contribute to this consultation, although contributions are particularly sought from respondents which have an interest and/or expertise in the reporting of non-financial information by companies.
Closure date: 15 April 2016
Call for evidence on closed recruitment practices within the public sector (BIS)
The call for evidence seeks views on the use of internal-only recruitment within the public sector, including whether it is ever ineffectively or inappropriately used. Views are sought on the role for Government in encouraging more open recruitment. Proposals for reform include a requirement that all public sector bodies publish information on the levels of internal-only recruitment used within their organisation, a cap on the proportion of roles recruited only internally and a general ban on all internal-only recruitment.
Closure date: 15 April 2016
Consultation on buy-outs of variable remuneration (PRA)
In this consultation paper the Prudential Regulation Authority (PRA) sets out its proposal for the introduction of a new rule on buy-outs of variable remuneration, relating to the practice whereby firms recruiting staff ‘buy-out deferred bonus awards that have been cancelled by their previous employer. The PRA proposes a model that allows for the possibility of malus and clawback to be applied to bought-out awards, based on a determination by the old employer.
The principal mechanism would be a contract between the new employer and employee. It would involve the old employer notifying the new employer of the determination and that a certain amount should be applied to the employee's deferred variable remuneration by way of malus and/or clawed back where the variable remuneration has already vested. The proposed rule would also provide scope for new employers to apply for a waiver where they have reason to believe an old employer's decision to apply malus or clawback has been manifestly unfair or unreasonable.
Closure date: 13 April 2016
RECENTLY CLOSED CONSULTATIONS / CALLS FOR EVIDENCE / SURVEYS:
Public consultation on the review of the European Disability Strategy 2010-2020 (European Commission)
Closure date: 18 March 2016
Consulations on draft gender pay gap reporting regulations (GEO)
Closure date: 18 March 2016
Consultation on public sector apprenticeship targets (BIS)
Closure date: 18 March 2016
Public consultation on impacts of maximum remuneration ratio under Capital Requirements Directive 2013/36/EU (CRD IV), and overall efficiency of CRD IV remuneration rules (European Commission)
Closure date: 18 March 2016
