Clarkslegal LLP - Solicitors in Reading and London

Employment - Legal Updates

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Sep
16
2019

Monica Atwal discusses with People Management about what the Stalking Protection Act means for employers
#Employment

Clarkslegal Managing Partner, Monica Atwal explains the steps organisations may need to take if a member of their staff becomes a victim....

Sep
13
2019

Time Limit Extensions – ACAS Early Conciliation
#Employment

In the recent case of Pearce v Merrill Lynch, the EAT ruled that there would be no month’s grace period for ACAS Early Conciliation if the Claimant contacts ACAS after the primary 3-month time limit expires. ...

Sep
11
2019

Government announces the return of Post-Study Work (PSW) Visa
#Immigration #Employment

The Post-Study Work (PSW) visa is set to make a return, after it was dramatically scrapped by Theresa May during her time as a Home Secretary in 2012. ...

Sep
10
2019

Assessment of whether disability is long-term
#Employment

A claimant will be disabled, under the Equality Act 2010, if they have a mental or physical impairment and that impairment has a substantial and long term adverse effect on their ability to carry out normal day to day activities. An impairment is likely to be viewed as ‘long-term’ if it has lasted for at least 12 months, is likely to last for at least 12 months or it is likely to last for the rest of the person’s life. ...

Sep
06
2019

Unlocking productivity through employee engagement
#Employment

According to a recent survey conducted by State of the Global Workplace, organisations with high scores for employee engagement showed just over 20% higher levels of profitability compared to those who did not value the practice as much. The same survey revealed that barely 7% of UK employees are actively engaged at work. ...

Sep
06
2019

EAT confirms: injury to feelings compensation is based on impact on claimant
#Employment

In Komeng v Creative Support, the EAT has confirmed that when calculating an injury to feelings award, the tribunal’s focus should be on the actual injury suffered by the Claimant and not the gravity of the acts of the Respondent....

Sep
04
2019

Important changes to a Tier 2 Sponsor’s Record Keeping Duties
#Immigration #Employment

In May 2019, the Government announced the widening of the automated e-gates to nationals of seven countries. By July, these gates had been used by over 1 million users, and the numbers continue to soar. ...

Aug
30
2019

EAT agrees: no fair reason for dismissal if Respondent doesn’t provide one
#Employment

His Honour Judge Auerbach has reiterated the importance of properly pleading the case in his decision in Upton-Hansen Architects (“UHA”) v Gyftaki....

Aug
27
2019

Michael Sippitt and Georgia Roberts comment for The Global Recruiter on The Brave New World of Work
#Employment #Employment

Artificial intelligence is no longer a concept of the future. It is becoming the norm. ...

Aug
23
2019

IR35 – Have you started preparing?
#Employment

We previously blogged in April that the Government had launched a consultation into its proposed changes to IR35, or the off-payroll working rules, and how they apply to the private sector....

Aug
23
2019

No way around the Equality Act 2010 for disability claims against employers
#Employment

This week, in Britliff v Birmingham City Council the Employment Appeal Tribunal has confirmed that individuals cannot bring claims against their employer in UK courts and tribunals for breaches of the UN Convention on the Rights of Persons with Disabilities (“UNCRPD”)....

Aug
19
2019

Are you ready for April 2020’s contract change?
#Employment

From 6 April 2020, the law relating to employment contracts will change, requiring more information to be provided from day one and extending the entitlement to ALL employees AND workers. Is your organisation ready?...

Aug
16
2019

Beware of job adverts that hinder diversity
#Employment

The wording used in job advertisements to describe roles, workplaces and candidate attributes could be dissuading a more gender-diverse range of applicants, according to research from LinkedIn....

Aug
16
2019

Diabetic employee successfully claims unfair dismissal and discrimination following dismissal for gross misconduct after locking customer in bank branch
#Employment

A London Employment Tribunal has ruled that a bank manager, who was dismissed after his health condition adversely affected his ability to follow proper security procedures at work, has successfully brought a claim against his employer for unfair dismissal and disability discrimination. ...

Aug
14
2019

News Flash: The TUPE Quarter Podcast Series Launches Today!
#Employment

We all know what a complex area TUPE can be so we’re launching a series of podcasts designed to bring you right up to date with all things TUPE! This will include the latest case law developments as well as discussion on common issues and myths that surround business transfers and service provision changes....

Aug
13
2019

Transferor will need to provide more information to transferee from April 2020
#Employment

Under section 1 of the Employment Right Act 1996, employers must provide most employees with particular information about their employment including start date, scale/rate of remuneration, and terms relating to hours of work. ...

Aug
12
2019

Right to Work Checks for EU Workers pre and post Brexit
#Immigration #Employment

There has been a tornado of confusion in the build up to Brexit for employers. Adding to this confusion is the question whether there will be any changes to right to work checks for EU nationals pre and post Brexit? In short, the answer is that there will be no significant changes until 1 January 2021, when the new skills-based immigration system will be implemented....

Aug
08
2019

Risk to applying 12.07% cap for Part-Time workers
#Employment

The Court of Appeal (“CoA”) decision in Harper Trust v Brazel reiterates the risks to employers who apply a loose and general Working Time Regulations (“WTR”) and ACAS affiliated holiday pay calculation for part-time workers. ...

Aug
06
2019

Tier 2 visa: What is a genuine vacancy?
#Immigration #Employment #UK Immigration

Tier 2 Sponsors are bound by various sponsorship duties, and one of the most important one is offering a genuine vacancy for a job role. A failure to provide a genuine vacancy can lead to the downgrading, suspension or revocation of an employer’s sponsor licence. For the migrant applicant, this could mean a refusal of their Tier 2 visa....

Aug
06
2019

Government responds to consultation extending parents’ redundancy protection
#Employment

In case you missed our article last week, earlier this year the government ran a consultation on how and whether to extend the redundancy protection for pregnant women and new parents...

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