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. ...
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....
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...
Employers have an ongoing duty to keep sufficient national minimum wage records to demonstrate their compliance with the law....
“Artificial intelligence”. It’s in the news, it’s in our homes and will change the world of work as we know it. For human resource professionals, knowing what’s coming has never been so important. Ensuring you are ahead of the game in preparing for the changes that are coming is paramount. Contributors Michael Sippitt, chairman Clarkslegal and Georgia Roberts, Solicitor – Clarkslegal....
It is estimated that up to 54,000 women a year lose their jobs as a result of pregnancy or maternity discrimination with 37% of women feeling isolated to the point of resignation following a return from maternity leave....
The appeal of the digital nomad lifestyle has changed the horizons. Businesses need to be aware that this is likely to be seen by highly skilled individuals as attractive, at least as an option. However, while most of the media focus in this area is on the liberating effect it can have on the individual, there are three key considerations before agreeing to working this way....
We’re nearing October and it’s still unclear what the UK’s withdrawal agreement with the EU will look like or if one will exist at all! It is also unclear what impact Brexit will have on employment law and there hasn’t really been any development in this area since The European Union (Withdrawal) Act 2018 was passed in June last year. ...
Last week Acas, the Advisory, Conciliation, Arbitration Service, published its 2018-2019 report, giving us keen insight into current employment claim trends. ...
In a move designed to benefit shift workers and those in the gig economy, the Government has proposed workers should have the right to switch to a contract that better reflects their normal working hours. ...
Last week, the Flexible Working Bill received its second reading in the House of Commons. The Bill, if passed, would require all employers to offer flexible working automatically, unless specific circumstances apply....
Around 100,000 people in the UK every year leave work completely after a sickness absence and 44% of people who are off work for a year or more because of illness do not return to the workplace....
The Claimant was dismissed by the Respondent due to poor attendance. This poor attendance arose as a consequence of the Claimant’s disabilities. ...
Climate crisis protesters are urging the UK workforce to follow their student counterparts and take part in a worldwide strike, starting on 20 September 2019. ...
Employers can be held legally responsible for acts of discrimination and harassment carried out by their employees, provided that the conduct took place in the course of their employment. ...
The claimant was a financial accountant for a charity called Phoenix House. She claimed that she was being improperly treated by her company during a large restructuring....
In Tillman v Egon Zehnder Ltd, the Supreme Court held that a restrictive covenant which prevented a business executive from being directly or indirectly engaged, concerned or interested in any competing business for six months after the termination of her employment was too wide to be enforceable. However, it was possible to remove the wider wording from the clause to leave a narrower, and enforceable, restriction. ...
In the recent EAT judgement in Page v NHS Trust Development, the Claimant’s appeal was dismissed finding that the Trust had not discriminated when removing the Claimant from office. ...
In the first perceived disability case to be heard by the Court of Appeal, the court has upheld the decision that a police officer with marginal hearing loss suffered direct discrimination when she was turned down for a transfer to the Norfolk Constabulary....
In the recent case of Mr D Wilkinson v Emovis Operations Leeds Ltd: 1809825/2018, the Employment Tribunal did not accept that depression impacts only one part of an individual’s cognitive functioning. ...