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Oct
06
2016

In Recruitment, Your Word Is Your Bond
#Employment

In McCann v Snozone Ltd, a verbal offer of employment made via a recruitment agency was sufficient to create a legally binding agreement between the individual and the employer, the subsequent withdrawal of which amounted to a breach of contract....

Oct
06
2016

Elected Union Officials were agents under the Equality Act
#Employment

The Employment Appeal Tribunal has decided that two elected workplace union officials, despite not being the union’s employees, were its agents and therefore the union could be held liable for their acts of discrimination against an employee....

Oct
06
2016

Is the ‘gig’ up for Britain’s self-employed delivery workers?
#Employment

Long gone are the days when the postman delivered every parcel. Nowadays, we don’t bat an eyelid when the person knocking at the door is a courier in an unfamiliar uniform. But while it might not make much of a difference to customers, opening up the delivery market has an impact on workers....

Sep
30
2016

Agency workers can bring whistleblowing detriment claims against end users
#Employment

In the recent case of McTigue v University Hospital Bristol NHS Foundation Trust the EAT clarified that agency workers can bring detriment claims against end users provided the end user (on its own or in conjunction with the agency) has substantially determined the terms of the worker’s engagement....

Sep
30
2016

To award costs or not to award costs?
#Employment

It used to be the case that recovering costs within the employment tribunal was an exception rather than the rule, and whilst the threshold for recovering costs still remain high, it seems that there has been somewhat of a shift....

Sep
30
2016

Attention: Changes to the National Minimum Wage
#Employment

Compliance with the National Minimum Wage is a legal obligation, make sure you are in the know and don’t fall foul of the law. ...

Sep
30
2016

Apprenticeship levy update
#Employment

In November last year we reported on the government’s plans to reform apprenticeships and introduce a levy of 0.5% for employers with a total payroll bill in excess of £3m. Those plans have now come into fruition with confirmation that the levy will be in force in April 2017, (silencing rumours that the implementation date would be delayed)....

Sep
23
2016

Business Immigration Update: Changes to Tier 2 Intra-Company Transfer (ICT) Route
#Immigration #Inward Investment #Employment

Following the Migration Advisory Committee (MAC)’s review of the Tier 2 visa route this January, the Home Office announced significant reform to the Tier 2 (Intra-Company Transfer) visa category....

Sep
23
2016

BBC’s dismissal of Journalist who prioritised Sri Lankan news report over Prince George’s birth was unfair
#Employment

BBC World Service Journalist Chandana Bandara was issued with a final written warning following his refusal to prioritise a news report on the birth of Prince George over one on the anniversary of ‘Black July’ (concerning the massacre of Tamils in Sri Lanka). ...

Sep
23
2016

Applicant X – avoiding bias and discrimination in recruitment
#Employment

Most UK employers are well aware that the law protects job applicants from unlawful discrimination - for example because of their sex, race or age. ...

Sep
16
2016

Failing to comply with a subject access request may impact the fairness of a dismissal
#Employment

In the recent employment tribunal case of McWilliams v Citibank, the Claimant had been suspended following allegations that she had breached client confidentiality. The Claimant subsequently submitted an extensive subject access request (SAR) to her employer in respect of her disciplinary proceedings, which was refused on the grounds of proportionality. The SAR’s scope was consequently reduced but was again refused....

Sep
16
2016

Council and their contractor sued over alleged national minimum wage breach
#Employment

In the news this week it was announced that seventeen homeworkers are to sue both Sevacare and Haringey Borough Council over an alleged failure to pay national minimum wage....

Sep
09
2016

Right to work checks – do you have a statutory excuse?
#Immigration #Inward Investment #Employment

All employers regardless of whether they hold a Sponsor Licence or not, are expected to carry out prescribed document checks on all employees before they start work. Provided that an employer has carried out the appropriate checks, it will have a statutory excuse against liability for a civil penalty if it later comes to light that any worker has been working illegally in the UK....

Sep
09
2016

“Systematic Failings” on Data Protection leads to a £15,000 fine
#Employment

Following on from the case reported last month on data protection (”Failing to anonymise – the cost”), a nursing home in Northern Ireland has received a fine of £15,000 from the Information Commissioner’s Office (“ICO”), following the burglary of the home of one of its staff members....

Sep
09
2016

No TUPE where activities provided for own commercial gain and not for the client
#Employment

The EAT has held that TUPE does not apply where a new provider ceases to carry out services “on the client’s behalf.”...

Sep
02
2016

Bringing the National Living Wage to Life
#Employment

Since it was announced in the July 2015 Budget, the National Living Wage (NLW) has received much comment, both negative and positive....

Sep
02
2016

Pay protection can be a reasonable adjustment
#Employment

The EAT has recently held that protecting a disabled employee’s pay following his move to a lower paid role was a reasonable adjustment....

Sep
02
2016

Release of train CCTV could breach Data Protection Act
#Employment

The Information Commissioner’s Office (ICO) is looking into a possible breach of the Data Protection Act by Virgin Trains when it released CCTV footage from one of its trains following Jeremy Corbyn’s claim that he was unable to find a seat....

Aug
30
2016

Home workers: how to measure performance?
#Employment

With flexible working arrangements on the rise it's important that employers take action to maximise the effectiveness of these arrangements and ensure that the performance of homeworkers is measured accurately. ...

Aug
26
2016

Right to Work Checks for International Students
#Immigration #Inward Investment #Employment

International students from outside the EEA are allowed to work in the UK depending on the conditions of their visa. Employers need to be aware of the additional right to work checks they need to carry out on these employees. ...

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