The Immigration, Asylum & Nationality Act 2006 (“IANA 2006”), makes employers responsible for preventing illegal working in the UK. Section 35 of the Immigration Act 2016 allows the Home Office to commence criminal proceedings against employers who know or have reasonable cause to believe that they are employing someone illegally....
Recognition of Trade unions in the workplace ...
Migrant domestic workers are vulnerable to trafficking, exploitation, and abuse. ...
In the recent Supreme Court decision, First Group Plc v Paulley, a bus company was held to have failed in its duty, as a public service provider, to make reasonable adjustments when it requested that a non-disabled person vacate a designated wheelchair space but did not take steps to enforce this when she refused to move....
Under the Equality Act 2010, a person with a progressive condition (such as Type 2 Diabetes) has a disability if they “have a physical or mental impairment” which “has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities... as a result of the condition.”...
In the recent EAT case Kellogg Brown & Root (UK) Ltd (KBR) v Fitton & Anor, the Claimants’ employment contracts contained a broad mobility clause requiring them to relocate, if required, within the UK or elsewhere. KBR’s disciplinary procedure considered a refusal to comply with reasonable instructions, such as the mobility clause, an example of misconduct. ...
News - Clarkslegal corporate team have advised successfully MLH in latest acquisition...
Valuable advice for employers on Biometric Residence Rermits and why you and HR must be familiar with these documents....
Following in the tracks of the recent “Uber” case, in Dewhurst v Citysprint UK Ltd a cycle courier has been found to be a worker and not self- employed as the employer claimed. ...
The case of City of York Council v Grosset concerned a teacher who had cystic fibrosis. The Claimant complained to the head teacher that his workload was unmanageable but no action was taken to try and reduce the Claimant’s workload....
The Spanish courts recently asked the European Court of Justice for guidance on whether an employee with a dislocated elbow could be classed as disabled, even though his injury was only temporary. Although this case was brought in the Spanish courts, the European Court’s decision is equally relevant to us here in the UK as our disability discrimination law is governed by the same overarching principles contained in the European Equal Treatment Directive....
Conservative MP Phillip Davies, a recently elected member of the Commons Women and Equalities Committee, has claimed that men actually earn less than women in part-time work. Could this be a surprising twist in the tale of gender pay gaps?...
In Perry’s Motor Sales Ltd v Edwards, the Claimant, a car dealership manager was dismissed for misconduct. The Claimant had previously received a final written warning for similar conduct which related to tampering with company paperwork. The Claimant did not appeal this warning, nor did he challenge its validity in his unfair dismissal claim....
In the recent case of United Lincolnshire Hospitals NHS Foundation Trust v Farren, the EAT held that it is the employer’s view of the dishonesty of an employee seeking re-engagement that matters, ...
In Campus Living Villages UK v Commissioners for HMRC & Sexton, Ms Sexton was employed by Campus Living as Head of Finance. She was made redundant whilst pregnant and consequently brought claims of unfair dismissal and pregnancy discrimination....
In the recent case of Reverend Canon J C Pemberton v The Right Reverend Richard Inwood, Acting Bishop of Southwell and Nottingham, the Respondent was able to rely on an exception in the Equality Act 2010 to avoid liability for an otherwise discriminatory act....
Psychiatric illness, such as depression, may come as a consequence of unfair or discriminatory treatment by another employee or their employer. In Hampshire County Council v Wyatt, the EAT held that such injury does not have to be evidenced by expert medical reports (although it is strongly advised)....
In Herry v Dudley MBC the EAT was asked to consider if stress amounted to a disability under the Equality Act. Further, it was asked to consider if the Tribunal had fully considered the Claimant’s ability to pay when ordering him to pay all the Respondent’s costs (in excess of £100,000)....
Protected conversations were introduced to allow employers to have an “off the record” discussion with an employee concerning their exit. Evidence of pre-termination negotiations is inadmissible in ordinary unfair dismissal claims unless there is improper behaviour. Unfortunately for the employer in Lenlyn UK Ltd v Kular, they discovered this exception the hard way....
As reported back in May, the Trade Union Act 2016 introduces new requirements relating to balloting for industrial action. In particular, such ballots will require a 50% turnout and, for important public services, a 40% supporting vote before industrial action can be taken....