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Feb
17
2017

Trade Union Act 2016 Update – Main provisions in force from 1st March 2017
#Employment

The Government has now confirmed that, as expected, the main provisions of the Trade Union Act 2016 will come into force on 1st March 2017. ...

Feb
17
2017

What happens when a “sweetheart deal” leaves a sour taste?
#Employment

The Court of Appeal has recently held that a collective agreement already in place with a non-independent trade union (a “sweetheart deal”) prevented ...

Feb
17
2017

Lloyd’s of London bans liquid lunches
#Employment

The historic insurance market, Lloyd’s of London, has hit the headlines as it announced a ban on drinking alcohol between the hours of 9am and 5pm....

Feb
14
2017

Roses are red, violets are blue, if love is in the office air, what should you do?
#Employment

Most of us are likely to be spending Valentine’s Day at work and, although many people will be separated from their partners, those looking for love may not need to look any further than across the office or shop floor. Whilst good working relationships are important for a successful business, it is not uncommon for these relationships to stray beyond the boundaries of a professional working relationship and into the realms of romance....

Feb
10
2017

Another blow to the ‘gig economy’ - plumber wins Court of Appeal case
#Employment

Today the Court of Appeal has handed down its decision in a case brought by plumber Gary Smith against Pimlico Plumbers. The Court upheld an earlier Employment Tribunal decision that Mr Smith was a worker and not self-employed....

Feb
09
2017

Holyoake v Candy- Sweet news for data controllers dealing with SARs
#Employment

In a notable judgement, the High Court refused an application to order compliance with a subject access request (SAR) on the basis that searches had been reasonable and proportionate and legal professional privilege was properly claimed....

Feb
09
2017

Trade union rep potentially fairly dismissed for not so picture perfect activities
#Employment

In the case of Metroline RATPDEV Ltd v Morris, the EAT held the Claimant’s activities of storing, using or disseminating confidential information did not amount to ‘trade union activities’ and did not, therefore, attract the protection of automatic unfair dismissal....

Feb
07
2017

In good faith? Refusal of holiday for employee wanting to attend religious festivals was not discrimination
#Employment

It is accepted that attendance at religious festivals can constitute a manifestation of religious belief giving rise to indirect discrimination claims, however, the EAT in Gareddu v London Underground Ltd held that the employee’s request must be genuine....

Feb
06
2017

Gross negligence can constitute gross misconduct
#Employment

Clarkslegal - Specialist employment law solicitors, Reading, London and throughout the Thames Valley...

Feb
06
2017
Feb
02
2017

Brexit White Paper – what the Government says about immigration
#Immigration #Employment

Government's Brexit white paper lays out 12 principles...

Feb
02
2017

Stronger workplace protection for new and expectant mothers on the horizon?
#Employment

Clarkslegal specialist employment lawyers in London, Reading and throughout the Thames Valley...

Feb
02
2017

Government publishes guidance on apprenticeship funding
#Employment

We reported last year (Apprenticeship levy update) on the government’s plans to introduce an apprenticeship levy of 0.5% for all employers with a total annual payroll bill in excess of £3m. The start date for the new scheme, (6 April 2017), is almost upon us which has prompted the government to publish guidance on how the levy will actually work in practice. ...

Feb
02
2017

Redundancy shortly after TUPE was for an ETO reason
#Employment

In Davies v Droylsden Academy, the claimant was a lettings manager at a company which provided property services to Droylsden Academy. ...

Feb
01
2017

Forgiven Not Forgotten? Fair dismissal despite employer’s reliance on expired warning
#Employment

In Stratford v Auto Trail VR Ltd the EAT found a dismissal to be fair despite the employer’s reliance on earlier expired warnings....

Jan
31
2017

Can directors be disqualified for employing illegal workers?
#Immigration #Employment #Outsourcing & Supply Chain #Directors' Duties

The Immigration, Asylum & Nationality Act 2006 (“IANA 2006”), makes employers responsible for preventing illegal working in the UK. Section 35 of the Immigration Act 2016 allows the Home Office to commence criminal proceedings against employers who know or have reasonable cause to believe that they are employing someone illegally....

Jan
30
2017

Rostering is part of statutory negotiations with a trade union
#Employment

Recognition of Trade unions in the workplace ...

Jan
27
2017

Overseas Domestic Worker visa – a route which tolerates abuse and slavery?
#Immigration #Employment #Private Client

Migrant domestic workers are vulnerable to trafficking, exploitation, and abuse. ...

Jan
20
2017

Bus company’s policy breached duty to make reasonable adjustments
#Employment

In the recent Supreme Court decision, First Group Plc v Paulley, a bus company was held to have failed in its duty, as a public service provider, to make reasonable adjustments when it requested that a non-disabled person vacate a designated wheelchair space but did not take steps to enforce this when she refused to move....

Jan
19
2017

Could Type 2 diabetes be a disability under the Equality Act 2010?
#Employment

Under the Equality Act 2010, a person with a progressive condition (such as Type 2 Diabetes) has a disability if they “have a physical or mental impairment” which “has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities... as a result of the condition.”...

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