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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
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
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. ...

Feb
02
2018

Personal motivation required for whistleblowing detriment
#Employment

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. ...

Jan
26
2018

Monica Atwal comments in Metro on ‘What should you do if you’re sexually harassed at work?’
#Employment #Press

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....

Jan
25
2018

Creative attempt by union to expand the scope of statutory recognition fails
#Employment

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. ...

Jan
25
2018

Whistleblowing claim against co-workers knows no boundaries
#Employment

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. ...

Jan
25
2018

Union correspondence was not disclosable
#Employment

In Dhanda v TSB Bank Plc, the claimant had been dismissed for gross misconduct. ...

Jan
19
2018

Covert surveillance breaches right to privacy and data protection law
#Employment #Data Protection

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....

Jan
19
2018

Compensatory rest must be truly equivalent
#Employment

Under the Working Time Regulations a worker is entitled to a 20 minute rest break if they work over six hours. ...

Jan
18
2018

Tier 2 Sponsors: Role of the Authorising Officer
#Immigration #Inward Investment #Employment

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. ...

Jan
12
2018

New DBS application procedure introduced in England and Wales
#Employment

Basic criminal records checks provide details of an individuals’ convictions and conditional cautions considered to be “unspent” under the Rehabilitation of Offenders Act 1974....

Jan
12
2018

Perceived disability claim upheld by the EAT
#Employment

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....

Jan
09
2018

UKVI confirms Restricted CoS limit reached in December
#Immigration #Inward Investment #Employment

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)....

Jan
05
2018

What to look out for in 2018
#Employment

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....

Jan
05
2018

Protected conversations – an exception to the protection…
#Employment

Pre-termination discussions between employer and employee are protected and cannot usually be referred to by either party in a subsequent unfair dismissal claim....

Jan
05
2018

Looking ahead at business immigration in 2018
#Immigration #Inward Investment #Employment

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. ...

Jan
01
2018

Monica Atwal comments in Metro on ‘What happens if your job makes you take a drugs test and you fail?’
#Employment #Press

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....

Dec
22
2017

Criminal conviction for Loss Adjustors who used illegally obtained data
#Employment #Data Protection

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. ...

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