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....
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. ...
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. ...
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....
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. ...
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. ...
In Dhanda v TSB Bank Plc, the claimant had been dismissed for gross misconduct. ...
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....
Under the Working Time Regulations a worker is entitled to a 20 minute rest break if they work over six hours. ...
Businesses with sponsor licences have a huge responsibility to ensure that the points based system is not abused. The role of the Authorising Officer is to effectively manage the licence and ensure the employer is not in breach of its sponsor duties. ...
Basic criminal records checks provide details of an individuals’ convictions and conditional cautions considered to be “unspent” under the Rehabilitation of Offenders Act 1974....
In The Chief Constable of Norfolk v Coffey the EAT held that an employer’s belief that an employee’s hearing problem may become a disability in the future amounted to direct perceived disability discrimination....
For the first time since July 2015, the Home Office’s monthly Restricted Certificate of Sponsorship (CoS) limit was reached and many employers saw their applications refused. Data published on the government’s website shows that 1,527 applications were granted. Successful applications had to score a minimum of 55 points as opposed to the usual 21 points (see data for previous months)....
With 2018 newly arrived, it’s the ideal time to take a look at what’s in store for the world of business and its employees over the next year....
Pre-termination discussions between employer and employee are protected and cannot usually be referred to by either party in a subsequent unfair dismissal claim....
In 2017, we saw the government push ahead with its policy to reduce net migration to “sustainable levels.” Businesses saw the introduction of the Immigration Skills Levy, the closure of the Tier 2 Intra Company Transfer (ICT) route and an increase to the minimum salary threshold for skilled workers. ...
It’s the morning after the night before, and you’ve done something that really wasn’t a good idea. And it just so happens that today is the one day in your career that your boss has decided to randomly drug test some of the workers....
With the constant risk of fraud, investigating claims is a priority for many insurance firms. However, a recent case has shown how this can lead to a breach of data protection legislation and criminal sanctions. ...
Earlier this year we reported on the Tribunal decision in Dunkley and others v Kostal UK Ltd, involving an attempt to induce staff to give up their collective bargaining rights by informing them directly that failure to agree terms would lead to “no Christmas bonus”. ...
Last year, UK Visas & Immigration launched the Tier 2 and 5 priority change of circumstances service for business sponsors. UKVI’s current processing time for requests via the SMS is 18 weeks – which as our clients know is 18 weeks too long....