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Apr
19
2016

Convergence of best practice and business sense: The role of Human Resources in a complex international landscape
#Employment

As reports of violence, extremism and endemic corruption across the world seem an everyday occurrence a perplexed business executive, who knows that there is a big world out there to do business in, may ask where on earth can I safely travel and where can I confidently do any business?...

Apr
14
2016

Employer’s reasonable and genuine belief can be sufficient for SOSR dismissal
#Employment #UK Immigration

In Nayak v Royal Mail Group, the EAT upheld the tribunal’s decision that an employer’s genuine and reasonable belief that an employee was no longer permitted to work in the UK was sufficient to show that he had been dismissed for some other substantial reason (SOSR)....

Apr
14
2016

Disciplining an employee for imposing her religious beliefs was not discriminatory
#Employment

The EAT has held in Wasteney v East London NHS Foundation Trust that a Christian senior manager was not discriminated against when she was subjected to disciplinary proceedings for imposing her religious views on a Muslim junior employee....

Apr
08
2016

Payments to ex-employee during restrictive covenant period made no difference to enforceability
#Employment

The recent case of Bartholomews Agri Food v Thornton has provided some useful guidance to employers who wish to rely on restrictive covenants when an employee leaves. ...

Apr
08
2016

“Pulling a sickie” was gross misconduct
#Employment

In the recent case of Ajaj v Metroline West Ltd UKEAT/018/15/RN an employee who disingenuously claimed to be unfit to attend work was held to be dishonest and had fundamentally breached the trust and confidence of the employee/employer relationship....

Apr
01
2016

Whistleblowing: “Public Interest” developments
#Employment

The Employment Appeal Tribunal (“EAT”) recently revisited the issue of whether an employee’s disclosure was made in the public interest. ...

Apr
01
2016

Constructive unfair dismissal: employers should pause before writing that letter
#Employment

The Employment Appeal Tribunal (EAT) has upheld a decision that contacting an employee to raise non-urgent concerns while they were off sick amounted to a repudiatory breach of contract. ...

Apr
01
2016

Tier 2 Sponsors – do you need to apply to renew your Certificates of Sponsorship allocation by 5 April
#Immigration #Employment

Employers who hold a Tier 2 sponsor licence can sponsor employees who are from outside of the European Economic Area by assigning a certificate of sponsorship (CoS) to them....

Apr
01
2016

Brexit: Employment Law Exit Stage Left?
#Employment

Firstly, what do we mean by Brexit? Although the question that the electorate will answer on 23 June 2016 is simply framed – “should the UK remain a member of the EU or leave the EU?” – the ramifications of an “out vote” will be anything but simple....

Mar
24
2016

Budget 2016 – Key employment Law implications
#Employment

The budget, announced last week, contained some interesting employment law developments....

Mar
24
2016

Knowledge is King!
#Employment

Employee’s dismissal was not direct disability discrimination where decision-maker did not know that the employee was disabled....

Mar
18
2016

Government forced to make key concessions on Trade Union Bill
#Employment

The government has been heavily defeated in the House of Lords over proposed trade union reforms to how the unions fund political parties. The government’s proposal is to require union members to "opt in" to paying a political levy, rather than opt out, as under the current long standing system. Labour believes three million fewer members of the biggest unions would agree to pay into them, costing it at least £6m in annual revenue....

Mar
18
2016

£35,000 minimum earnings threshold for Tier 2 migrants applying for settlement
#Immigration #Employment

Last year we blogged about the £35,000 earnings threshold for Tier 2 migrants wishing to apply to settle in the UK. This change is due to come into force from 6 April this year and will apply to all non-EEA migrants who came to the UK on a Tier 2 visa after 6 April 2011, unless they have worked in an occupation on the shortage occupation list....

Mar
18
2016

Suspension of childcare vouchers during maternity leave was not discriminatory
#Employment

The Employment Appeal Tribunal (EAT) in Peninsula Business Services Ltd v Donaldson (9 March 2016) has held that suspending childcare vouchers during maternity leave was not discriminatory when carried out via a salary sacrifice scheme. ...

Mar
18
2016

Changes to Sunday trading scrapped
#Employment

The Government’s plans to change Sunday trading rules (see our blogs in August last year and February this year) have been rejected by the House of Commons. ...

Mar
09
2016

Discriminatory job advertisements - New Guidance from the Equality and Human Rights Commission
#Employment

Over the last year the Equality and Human Rights Commission (EHRC) received over 100 complaints in respect of job and services advertisements appearing to discriminate against persons with ‘protected characteristics’ including on their age, race, sexual orientation, disability and sex....

Mar
09
2016

Visa fees increase by up to 25% this month
#Immigration #Employment

UK Visas and Immigration have confirmed that later this month (or next month in the case of the Isle of Man) there will be a rise in the cost of visa application fees for many migrants wishing to come to the UK....

Mar
09
2016

The National Living Wage is here!
#Employment

The National Minimum Wage is currently paid at four different rates depending on the category of worker, however, from 1st April 2016 a fifth rate will be introduced for workers over the age of 25 years, referred to as the National Living Wage....

Mar
07
2016

Employee Engagement for growing businesses
#Employment

For all growing businesses, and for start-ups in particular, one concern which often appears at an early stage is the risk of dilution of the ethos of the organisation as new employees join who may lack buy-in to the founding concepts....

Mar
04
2016

Fluency in English and/or Welsh to be compulsory for public sector workers with customer-facing roles
#Immigration #Employment

The Immigration Bill 2016, which is working its way through Parliament, contains a requirement on public authorities to ensure that their workers (including agency workers) who are in customer-facing roles speak fluent English (or Welsh in Wales). Customer-facing roles are described as those which require workers to speak to members of the public (both face to face and on the telephone) as a ‘regular and intrinsic’ part of their role....

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