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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....

Mar
04
2016

Net migration to UK falls for first time in almost two years...a new trend?
#Immigration #Employment

Figures released by the Office of National Statistics last week, show that annual net migration to Britain (i.e. the number of individuals immigrating to Britain less those migrating from Britain) was at a figure of 323,000 for the year ending September 2015, 13,000 less than the figure reported three months prior. When compared with figures for 2014, net migration is on the increase, however this drop is the first time the net migration figures have fallen in 2 years. The small drop predominantly arose through a reduction in the amount of non-EU individuals immigrating to Britain....

Mar
04
2016

Supreme Court revisits the law on vicarious liability
#Employment

In the conjoined cases of Cox v Ministry of Justice and Mohamud v WM Morrison Supermarkets plc, the Supreme Court had to consider two aspects of vicarious liability. Firstly, whether an employment relationship is necessary for vicarious liability to apply and secondly, whether an employer can be held liable for the criminal acts of its employees. ...

Mar
04
2016

Government proposal to prohibit EEA-only recruitment by employment agencies
#Employment #UK Immigration

In October 2015 the Government consulted on proposed changes to the “Conduct Regulations”, which govern the recruitment sector. The response to the consultation was published by the Department for Business, Innovation and Skills (BIS) last week and confirms the Government’s intention to proceed with the majority of the proposals within the consultation....

Feb
29
2016

Temporary cessation of work and lay off of employees did not preclude TUPE from applying
#Employment

The Employment Appeal Tribunal has found that an employment tribunal was wrong in finding that TUPE did not apply where there had been a lay-off of employees as a result of a commercial dispute with the main contractor leading to termination of the contract before the new contractor took on the services (Mustafa v Trek Highways Services Ltd and others UKEAT/0064/15)....

Feb
25
2016

Holiday pay: British Gas appeal to EAT fails
#Employment

The Employment Appeal Tribunal (EAT) has upheld the employment tribunal’s finding in the case of Lock v British Gas that the Working Time Regulations (“WTR”) can be interpreted so as to be compatible with the EU Working Time Directive, with the effect that results-based commission payments should be included in the calculation of holiday pay....

Feb
22
2016

Breaking holiday pay news – Mr Lock successful at EAT
#Employment

The Employment Appeal Tribunal (EAT) has today handed down its judgment in the case of Lock v British Gas and found in favour of Mr Lock....

Feb
19
2016

Sunday trading rules to be devolved to local authorities
#Employment

In August 2015 we blogged on the launch of the Government’s consultation into whether Sunday trading rules should be devolved to local areas in England and Wales. ...

Feb
19
2016

Option for redundancy was not a dismissal
#Employment

In the recent case of Khan v HGS Global Ltd, the employment contract of an employee who had opted to take redundancy over relocating was found to have terminated by mutual consent and, as such, there had been no dismissal. ...

Feb
17
2016

The Internet of Things v Privacy: what it means for the workplace
#Employment

The rapid development of the internet of things and monitoring technology in the workplace has brought into focus the tension between employees’ right to privacy and employers’ business interests....

Feb
12
2016

Gender Pay Gap Regulations published
#Employment

The government have today published the draft Gender Pay Gap Regulations and consultation. Below is an initial Q and A....

Feb
12
2016

Starbucks lose disability discrimination claim brought by claimant with dyslexia
#Employment

Starbucks have made the headlines having been found to have unlawfully discriminated and victimised an employee with dyslexia in a judgment issued by the Employment Tribunal this week....

Feb
05
2016

Warehouse worker with difficulty lifting up to 25kg is disabled says EAT
#Employment

Disability is defined as a physical or mental impairment, which has a substantial and long-term adverse effect on someone’s “ability to carry out normal day-to-day activities” (Section 6(1), Equality Act 2010)....

Feb
05
2016

Failure to deal with hostility towards a union member from rival union members was unlawful detriment
#Employment

In the case of Bone v North Essex Partnership NHS Foundation Trust [2016], the Court of Appeal reinstated a tribunal’s decision that an employer’s failure to deal with hostility towards a union member was unlawful detriment. Workers are protected against suffering a detriment by any act, or any deliberate failure to act, by their employer if the act or failure to act takes place for the sole or main purpose of preventing or deterring them from taking part in trade union activities at an appropriate time....

Jan
29
2016

Injury to feelings compensation taxable as termination payment
#Employment

The Upper Tribunal, that deals with tax appeals, has upheld a decision that a settlement payment for injury to feelings made in connection with a termination of employment was taxable as a termination payment. ...

Jan
29
2016

Dismissal for delay in reporting bribe was fair
#Employment

An employment tribunal has recently held that an immigration officer, who accepted a bribe and then delayed returning the money and reporting it, was fairly dismissed....

Jan
22
2016

Age discrimination for the over 50s: taking into account early retirement costs was direct discrimination
#Employment

The EAT has overruled a tribunal’s decision, holding the fact that employees over 50 were entitled to early retirement benefits under the pension scheme (making their severance costs much higher than for employees aged under 50) was not a "relevant circumstance"....

Jan
22
2016

Big changes to Tier 2 recommended in the Migration Advisory Committee's review
#Immigration #Employment

The Migration Advisory Committee (MAC), which advises the government on migration issues, has published areview of Tier 2. ...

Jan
15
2016

Zero hours contracts: further protections now in force
#Employment

This week, regulations 2015 came into effect making any dismissal of an employee on a zero hours contract automatically unfair, if the principal reason for the dismissal is that the employee breached a contractual provision seeking to prohibit him/her from working for another employer. Such provisions are now unlawful. No qualifying period is required to bring such an unfair dismissal claim....

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