In October 2015 the Government consulted on proposed changes to the “Conduct Regulations”, which govern the recruitment sector. The response to the consultation was published by the Department for Business, Innovation and Skills (BIS) last week and confirms the Government’s intention to proceed with the majority of the proposals within the consultation....
The Employment Appeal Tribunal has found that an employment tribunal was wrong in finding that TUPE did not apply where there had been a lay-off of employees as a result of a commercial dispute with the main contractor leading to termination of the contract before the new contractor took on the services (Mustafa v Trek Highways Services Ltd and others UKEAT/0064/15)....
The Employment Appeal Tribunal (EAT) has upheld the employment tribunal’s finding in the case of Lock v British Gas that the Working Time Regulations (“WTR”) can be interpreted so as to be compatible with the EU Working Time Directive, with the effect that results-based commission payments should be included in the calculation of holiday pay....
The Employment Appeal Tribunal (EAT) has today handed down its judgment in the case of Lock v British Gas and found in favour of Mr Lock....
In August 2015 we blogged on the launch of the Government’s consultation into whether Sunday trading rules should be devolved to local areas in England and Wales. ...
In the recent case of Khan v HGS Global Ltd, the employment contract of an employee who had opted to take redundancy over relocating was found to have terminated by mutual consent and, as such, there had been no dismissal. ...
The Government has announced that from 6 April this year Australians and New Zealanders who spend more than 6 months in the UK will need to pay the Immigration Health Surcharge (IHS)....
The rapid development of the internet of things and monitoring technology in the workplace has brought into focus the tension between employees’ right to privacy and employers’ business interests....
The government have today published the draft Gender Pay Gap Regulations and consultation. Below is an initial Q and A....
Starbucks have made the headlines having been found to have unlawfully discriminated and victimised an employee with dyslexia in a judgment issued by the Employment Tribunal this week....
Disability is defined as a physical or mental impairment, which has a substantial and long-term adverse effect on someone’s “ability to carry out normal day-to-day activities” (Section 6(1), Equality Act 2010)....
In the case of Bone v North Essex Partnership NHS Foundation Trust [2016], the Court of Appeal reinstated a tribunal’s decision that an employer’s failure to deal with hostility towards a union member was unlawful detriment. Workers are protected against suffering a detriment by any act, or any deliberate failure to act, by their employer if the act or failure to act takes place for the sole or main purpose of preventing or deterring them from taking part in trade union activities at an appropriate time....
The Upper Tribunal, that deals with tax appeals, has upheld a decision that a settlement payment for injury to feelings made in connection with a termination of employment was taxable as a termination payment. ...
An employment tribunal has recently held that an immigration officer, who accepted a bribe and then delayed returning the money and reporting it, was fairly dismissed....
In the immigration team we help people who are applying for many different kinds of visa – from students to skilled workers, visitors to spouses. But what do all visa applications have in common?...
The EAT has overruled a tribunal’s decision, holding the fact that employees over 50 were entitled to early retirement benefits under the pension scheme (making their severance costs much higher than for employees aged under 50) was not a "relevant circumstance"....
The Migration Advisory Committee (MAC), which advises the government on migration issues, has published areview of Tier 2. ...
This week, regulations 2015 came into effect making any dismissal of an employee on a zero hours contract automatically unfair, if the principal reason for the dismissal is that the employee breached a contractual provision seeking to prohibit him/her from working for another employer. Such provisions are now unlawful. No qualifying period is required to bring such an unfair dismissal claim....
The European Court of Human Rights’ Judgment in a Romanian employment dispute has been widely reported in the national press as giving the green light to employers to monitor employees’ personal emails and electronic messages on work systems....
Clarkslegal has produced a guide on ‘What to expect for 2016’ which clearly sets out all the forthcoming legislative changes, which we hope you find useful in planning your year ahead. ...