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Jan
10
2019

Seven months down the line and many are still unaware of their GDPR requirements
#Data Protection #Employment

The EU’s Data Protection pride and joy, GDPR, came in a little over seven months ago. Despite this, many workers are still not compliant and, worse still, are unaware that they are doing anything wrong. ...

Jan
08
2019

Right to Work check changes from 28 January 2019
#Immigration #Employment #Inward Investment

On 13 December 2018, the Government laid before the Parliament the Immigration (Restrictions on Employment) (Code of Practice and Miscellaneous Amendments) Order 2018 and an updated Code of practice to prevent illegal working....

Jan
04
2019

Advantageous treatment not the same as unfavourable treatment.
#Employment

At the end of 2018 the Supreme Court considered whether advantageous treatment, that had the potential to be even more advantageous, would constitute ‘unfavourable’ treatment within the meaning of the Equality Act....

Jan
04
2019

Court of Appeal reverses High Court Judgment that dividend payment was actually salary
#Employment

In Global Corporate Limited v Hale the Court of Appeal overturned an earlier High Court decision that dividend payments made to company director-shareholders were actually salary. ...

Dec
20
2018

Good Work: a job well done?
#Employment

This week, in its response to the Matthew Taylor Good Work Review, the Government has published a range of proposed changes to employment law. While the Government announced these changes as the biggest reform of employment law in 20 years, the reality is more evolution than revolution....

Dec
20
2018

Uber drivers are workers, finds Court of Appeal
#Employment

Uber drivers are workers, finds Court of Appeal Upholding the decision of the Employment Appeal Tribunal made in November 2017, the Court of Appeal have ruled that Uber drivers are to be classed as workers....

Dec
20
2018

New Code of Practice on tackling sexual harassment at work
#Employment

Today, the Government has announced that it will introduce a new statutory code of practice which places greater responsibility on employers to prevent sexual harassment in the workplace and to act robustly when sexual harassment does occur. The announcement is particularly timely in the midst of Christmas party season, in which employers liability to protect staff from sexual harassment and misconduct extends to such events, as we blogged about earlier this month....

Dec
19
2018

'Recruiters warned of potential liability even when party moves off-site' - Helen Beech comments for Recruiter Magazine
#Employment #Press

Recruiters who plan to enjoy the holiday season with colleagues at a party or two should take a tip from a recent court case that suggests the party isn’t necessarily over even when off-site or out of the formal work environment. Highlighted by the recent Court of Appeal decision in Bellman v Northampton Recruitment, a business can be found to be liable for the acts of its staff even after the organised Christmas party is over under certain conditions. ...

Dec
14
2018

Paying for Unpaid Work Trial Periods
#Employment

Unpaid work trials have long been part and parcel of securing employment. Employers are naturally keen to assess an individual’s employability before remunerating their efforts. ...

Dec
14
2018

Christmas parties: duty to investigate misconduct
#Employment

While we are in the midst of Christmas party season, it is important that businesses focus on their responsibilities in connection to work social events, particularly when they involve alcohol....

Dec
07
2018

Has 2018 made the ‘gig economy’ any clearer?
#Employment

The Department for Business, Energy and Industrial Strategy (BEIS) posits the following definition of the ‘gig economy’: “one that involves the exchange of labour for money between individuals or companies via digital platforms that actively facilitate matching between providers and customers, on a short-term payment by task basis”. We can argue about the appropriate use of ‘digital platforms’ as at first it may appear to be too restrictive a term, but it gives a good indication of the 21st-Century-nature of this type of ‘economy’ and the resulting creation of new employer-employee relationships....

Dec
07
2018

Request to change age legally rejected by Dutch court
#Employment

A Dutchman who recently asked a court in the Netherlands to lower his age by 20 years has lost his case. The court found that there was no case law or scope in legislation that would allow such a ruling....

Dec
07
2018

Should veganism be recognised as ‘philosophical belief’?
#Employment

In March 2019, members of an Employment Tribunal will have to decide whether ‘veganism’ will receive the same protection against discrimination as Christianity, Islam and Judaism. ...

Dec
07
2018

Connecting the workers of the world
#Employment #Information Technology

As the High Court has just ruled against the Independent Workers of Great Britain on their judicial review application against the Central Arbitration Committee, which had held that Deliveroo riders were not workers or employees entitled to collective bargaining, this reminds that we are going through a significant period of change. So many more people are now part of the gig economy and the law does not yet recognise they have rights to do things like choose union representation for collective bargaining....

Dec
03
2018

What it takes to trade globally
#Setting up in the UK #Employment #Information Technology

Whatever the shape of Brexit, or no Brexit, the opportunity to do more business around the wider world has figured large in the national debate, and is still a core issue of concern in the proposed Brexit deal....

Dec
03
2018

Christmas Parties – Festive Fun or a New Year Hangover?
#Employment

It’s less than four weeks until Christmas and the Christmas party season is about to begin. The office party is often a mixed blessing – an opportunity to boost morale and perhaps celebrate a successful year yet also a melting pot of workers letting their hair down, with potential for accidents, injuries, threats and claims....

Nov
30
2018

Long-term disability dismissal frustrates entitlement to benefits
#Employment

In Awan v ICTS Ltd the EAT found an implied term that where an employee is contractually entitled to long-term disability benefits, they will not be dismissed for continuing incapacity. The Claimant had a contractual entitlement to a long-term disability benefit plan for the duration of his employment....

Nov
30
2018

Disability discrimination – Claimant’s ‘tendency to steal’ did not attract protection despite his underlying medical conditions
#Employment

Under the Equality Act (Disability) Regulations 2010 (the “Regulations”), a number of conditions are said not to be impairments. This means that they are not disabilities and do not therefore receive protection under the Equality Act (the “Act”). ...

Nov
23
2018

Gender equality for the many, not the few?
#Employment

Earlier this month, the Government published its latest report showing the representation of women on the boards of FTSE 350 companies. The report shows a rise above 30% representation on FTSE 100 boards and a rise to 26.7% of representation across FTSE 350 boards....

Nov
23
2018

Addison Lee’s appeal against worker status rejected
#Employment

Last year a Tribunal found that private hire drivers engaged by Addison Lee were workers and not independent contractors (see our blog on this previously). Addison Lee’s appeal against this judgment has now been dismissed....

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