Clarkslegal LLP - Solicitors in Reading and London

Employment - Legal Updates

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Mar
23
2018

Redundancy: To bump or not to bump
#Employment

The EAT have held that in a redundancy situation there is no requirement for an employee to raise the issue of bumping in order for the employer to have to consider it. ...

Mar
16
2018

Head teacher’s failure to disclose relationship was gross misconduct
#Employment

This week (in Reilly v Sandwell Metropolitan Borough Council), the Supreme Court, has found that a head teacher's failure to disclose her relationship with a man who had been convicted of making indecent images of children justified her dismissal....

Mar
16
2018

Workers not entitled to claim an injury to feelings award despite Working Time Regulations breach
#Employment

The Court of Appeal (CA) has held in the recent case of Gomes v Higher Level Care that a worker cannot claim compensation for injury to feelings under the Working Time Regulations (WTR) if they have been prevented from taking rest breaks. ...

Mar
16
2018

No cap of 12.07% for part-time workers’ holiday
#Employment

The Employment Appeal Tribunal, in Brazel v The Harpur Trust, held that it was incorrect to treat holiday pay for term-time teachers as being capped at 12.07% of annualised hours. ...

Mar
02
2018

Government announces Immigration Health Surcharge will double
#Immigration #Employment #Inward Investment

The Government intends to double the Immigration Health Surcharge in the near future. This is a charge paid by non-EEA nationals (main applicants and dependents) who are applying to work, study or join their family in the UK for more than 6 months....

Mar
02
2018

Working Time: At home but on call
#Employment

Working time is defined as any time during which a worker is: ...

Feb
23
2018

Restricted CoS quota hit again in February
#Immigration #Inward Investment #Employment

The non EEA skilled worker cap has been hit again this month, now for the third month running. Many Tier 2 sponsors have seen their Restricted CoS applications refused causing delays to new recruits start dates. ...

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

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
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
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. ...

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