Clarkslegal LLP - Solicitors in Reading and London

Employment - Legal Updates

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Feb
23
2018

Compensation limits increase
#Employment

It’s that time of year where compensation limits for claims such as unfair dismissal and for statutory redundancy payments are reviewed. ...

Feb
23
2018

Employers “Living in the Dark Ages” when it comes to pregnant women and new mothers, says Equality and Human Rights Commission (EHRC)
#Employment

A YouGov survey conducted on behalf of the Equality and Human Rights Commission (EHRC) has exposed that 41% of managers think pregnancy in the workplace places “an unnecessary cost burden” on employers. ...

Feb
20
2018

‘Oxfam Scandal: Children's Watchdog Urges Toughest Criminal Checks on Charity Shop Supervisors’ - Michael Hibberd comments for HuffPost UK
#Employment #Press

The Children’s Commissioner has said everyone supervising children in Britain’s charity shops should undergo a full criminal record check, after HuffPost UK established thousands of volunteers are failing to do so....

Feb
16
2018

Employee status in the gig economy
#Employment

Over the last two years, there has been a steady stream of high-profile employment rights claims by individuals working in the gig economy (for Uber, Citysprint, Deliveroo, Hermes and many others)....

Feb
16
2018

Employers should make their own decision on disability
#Employment

An employer does not have to take every possible step possible to establish whether an employee is disabled. The test is what an employer could reasonably be expected to know....

Feb
16
2018

The Sponsorship Management System (SMS) for Beginners
#Immigration #Inward Investment #Employment

Last month, we posted an article on the role of the Authorising Officer and explained that this person does not have access to the Sponsorship Management System (SMS) unless he/she is a Level 1 or 2 user. Since then we’ve received enquiries from HR staff wanting to know more about the SMS, who has access to it and the differences between a Level 1 and 2 user....

Feb
09
2018

Whistleblowing: can a worker claim post-termination losses caused by pre-termination detriments?
#Employment

The Claimant in the case of Wilson Solicitors LLP and others v Roberts was a solicitor and member of the LLP. He was also Managing Partner and held several compliance roles. A complaint of bullying was made against one of the Senior Partners and the Claimant was appointed to investigate it. ...

Feb
09
2018

Government response to Taylor Review
#Employment

We reported on Matthew Taylor’s review of modern working practices last year. The Government has now published its full response to that report and has launched four consultations into the following areas:...

Feb
09
2018

Tick tock, have you renewed your CoS?
#Immigration #Inward Investment #Employment

Tier 2 sponsors should have by now received an email from UK Visas & Immigration reminding them that the CoS annual allocation process will soon begin and any unused unrestricted CoS in the SMS will expire on 5 April 2018. Sponsors should start thinking about how many unrestricted CoS they’ll need from 6 April 2018 to 5 April 2019....

Feb
09
2018

Injury to Feelings Payable in Working Time Detriment Claims
#Employment

A worker has the right not to be subjected to a detriment for refusing to comply with a requirement that breaches the Working Time Regulations 1998. ...

Feb
09
2018

A snapshot of the Sex Discrimination Law Review
#Employment

The Fawcett Society recently published its analysis of the efficacy of sex discrimination law in the UK (“the Report”). Whilst acknowledging the efforts made in this area to date, the Report goes on to identify a number of areas in which significant reform is still required. We identify the points likely to be of most interest to employers below. ...

Feb
02
2018

Sponsoring students under Tier 2 work visas – new rules
#Immigration #Inward Investment #Employment

Tier 2 sponsors will be pleased to hear that rules which came into effect from 11 January 2018 now allow Tier 4 Students on non-PhD courses to switch to a Tier 2 General visa when they have completed their course....

Feb
02
2018

Caution: Non-renewal of fixed term contract was unfair dismissal
#Employment

The recent case of Royal Surrey County NHS Foundation Trust v Drzymala serves as a reminder to employers that the non-renewal of a fixed term contract will be a dismissal and that the usual principals governing unfair dismissals will apply. ...

Feb
02
2018

Personal motivation required for whistleblowing detriment
#Employment

In the case of Malik v Cenkos Securities Plc, the Employment Appeal Tribunal (“EAT”) found that for there to be a causal link between a protected disclosure and detrimental treatment, the individual accused of the detrimental treatment must be personally motivated by the disclosure. ...

Jan
26
2018

Monica Atwal comments in Metro on ‘What should you do if you’re sexually harassed at work?’
#Employment #Press

The last 12 months have seen a monumental cultural change, particularly for women. With the #MeToo movement, people are able to call out sexual abuse and harassment in ways that wouldn’t previously have been possible....

Jan
25
2018

Creative attempt by union to expand the scope of statutory recognition fails
#Employment

As we predicted, the Central Arbitration Committee (CAC) has rejected an application by a trade union for statutory recognition to negotiate directly with the University of London on behalf of a group of workers who work at the university but who are employed by Cordant Security, a facilities management company. ...

Jan
25
2018

Whistleblowing claim against co-workers knows no boundaries
#Employment

In the recent case of Bamieh v EULEX Kosovo and ors, the Employment Appeal Tribunal (“EAT”) found that an employee could bring whistleblowing detriment claims against co-workers for events which allegedly took place whilst on secondment in Kosovo. ...

Jan
25
2018

Union correspondence was not disclosable
#Employment

In Dhanda v TSB Bank Plc, the claimant had been dismissed for gross misconduct. ...

Jan
19
2018

Covert surveillance breaches right to privacy and data protection law
#Employment #Data Protection

Covert surveillance at work was found to be in breach of the right to privacy and data protection law by the European Court of Human Rights(ECtHR) in Lopez Ribalda & Ors v Spain....

Jan
19
2018

Compensatory rest must be truly equivalent
#Employment

Under the Working Time Regulations a worker is entitled to a 20 minute rest break if they work over six hours. ...

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