In this section, we round up recent articles from our colleagues in other practice areas that will interest those running construction businesses and their human resources teams. This edition focuses on cybersecurity insurance, competition law and employment law issues.

Cybersecurity insurance

Competition law

  • Competition law and joint bidding: dos and don'ts for the construction industry. It is not unusual for construction firms and other companies to form a consortium bid (or joint bid) for a building or infrastructure project. Whilst competition law clearly prohibits collusion involving price fixing, market sharing or bid rigging (which attract high fines), what is the position in relation to joint bidding?

Employment issues for construction businesses

  • Brexit could have significant implications on employment law in the UK. Our Employment team examines the issues here.
  • Holiday pay must include commission payments following the Employment Appeal Tribunal (EAT) decision in British Gas v. Lock. The EAT applied the European Court of Justice's (ECJ) ruling on this issue and interpreted domestic UK law in a way that conforms to EU law. Click here to read our Employment team's report.
  • Section 78 of the Equality Act 2010 is expected to come into effect later this year with the introduction of regulations that will require all employers with over 250 employees to publish information about their gender pay gap. Employers need to be ready for the changes. For more information, read: Gender pay gap reporting: mind the gap.
  • The National Living Wage has sharply divided businesses and spawned a flurry of negative headlines. Click here to read the article: The National Living Wage – bad news for business or a blessing in disguise?
  • The High Court has found the criminal records disclosure scheme used in England and Wales to be "arbitrary", disproportionate, and unlawful as incompatible with Article 8 of the European Convention on Human Rights. As a result, employers might want to review their current background checks and pre-employment processes. For more information on the decision, click here.
  • Dress codes in the workplace are topical again. Read about some recent decisions in our article: To wear, or not to wear: that is the policy.
  • Changes to the Tier 2 and Tier 5 immigration regime: on 24 March 2016, the government responded to the Migration Advisory Committee's (MAC) review of Tier 2 policy and has announced numerous changes to Tier 2 policy going forward.
  • To waive or not to waive future claims in settlement agreements? The Commercial court decision in Khanty-Mansiysk Recoveries Limited v. Forsters LLP [2016] EWHC 522 (Comm) highlights important considerations for the drafting of settlement agreements in the employment sphere.