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Jul
20
2012

Defeat for Home Office on immigration rules
#Employment

The Supreme Court yesterday handed down judgment in R (Alvi) v Secretary of State for the Home Department [2012] UKSC 33 and some commentators are already saying it could be one of the most important judgements on immigration in a decade. The Telegraph reported yesterday, Supreme Court delivers blow to the immigration rules, the Supreme court was unanimous in it decision that it was wrong to bar...

Jul
19
2012

Redundancy for pregnant employees and those on maternity leave - Some questions...
#Employment

Can I make a pregnant employee or an employee on maternity leave redundant? When looking at selection criteria, do I have to ignore all the negatives associated with an employee because she is pregnant or on maternity leave? Do I have to prejudice others in a redundancy process because another employee in the pool is pregnant or on maternity leave? Does an employee on maternity leave have to...

Jul
18
2012

The employment status of a lapdancer: Is she an employee or self-employed?
#Employment

This was the question that an Employment Appeal Tribunal recently had to consider in Quashie -v- Stringfellows Restaurants Ltd.    Miss Quashi had been a lapdancer at a Stringfellows gentleman`s club, Angels, in London. She brought an unfair dismissal claim against Stringfellows, and for this needed to show that she was an employee.   Miss Quashi had initially understood that she was self-em...

Jul
13
2012

Tribunals to sift weak claims and impose guillotines
#Employment

Mr Justice Underhill, the former President of the EAT, has proposed some fundamental changes to the existing Tribunal Rules, including: requiring an early paper sift of weak cases to ensure employment judges consider these earlier in the process and dismiss claims with no arguable complaint or response. This is something that has mooted for some time and would bring employment tribunal process...

Jul
13
2012

Social media: who owns client contacts, the employer or employee?
#Employment

The rise of social media as a prevalent tool for conducting business has led to issues such as if an employee leaves, can the employer stop them taking business relationships with them?...

Jul
13
2012

Introduction of Fees in Employment Tribunals
#Employment

The Ministry of Justice has announced the introduction of fees in employment tribunals, intended to take effect in Summer 2013.  According to the press release, the aim is "to encourage businesses and workers to mediate or settle a dispute rather than go to a full hearing", as well as reduce taxpayer subsidy.  Taxpayers currently meet the full cost of the system....

Jul
11
2012

Campaign for more women on boards hits major milestone
#Employment

The Government has set a target that 25% of board members of FTSE 250 companies be women by the year 2015. The ‘30 per cent Club,` which works to increase the number of women in boardroom posts, has set that target at 30% (as reflected in the name!)....

Jul
06
2012

TUPE: no service provision change where change of client
#Employment

The EAT has recently heard Taurus Group Ltd v Crofts and another UKEAT/0024/12, which is a significant case for second generation outsourcing and commercial property transactions.   The EAT followed its earlier decision in Hunter that there can be no service provision change under TUPE if there has been a change in the identity of the client to whom the service is provided as well as a change o...

Jul
05
2012

Reduced amount of work, same number of employees is still a redundancy, Court says
#Employment

Under S139 (1) (b) (i) of the Employment Rights Act 1996 an employee is dismissed by reason of redundancy if their dismissal was wholly or mainly because their employer`s requirements for employees doing work of a particular kind has ceased, diminished or is expected to do so.   The leading case of Safeway Stores Plc v Burrell [1997] IRLR 200 EAT confirmed that "it is necessary to look at the ov...

Jul
03
2012

Annual Employment Tribunal Statistics Announced
#Employment

The 2011/2012 employment tribunal statistics have been published. The key findings are below:  Employment Tribunals (ET) received an overall total of 186,300 claims during 2011-12, a 15% fall compared to last year. When compared with the 2010-11 data, there were falls both in single and multiple claims of 2% and 19% respectively. The number of jurisdictional complaintswas 321,800 in 2011-12,...

Jun
29
2012

Reform of the Criminal Records Bureau as it merges with the Independent Safeguarding Authority
#Employment

Changes are soon to be made to the present system of criminal records checks, including the merger of the Criminal Records Bureau and the Independent Safeguarding Authority to form the "Disclosure and Barring Service". The changes, made under the Protection of Freedoms Act 2012, were first set in motion two years ago when the government put an immediate halt to the requirement for individuals working with children or vulnerable adults to register with the Independent Safeguarding Authority, insisting that the Vetting and Barring Scheme ( the "VBS") needed to be scaled back to "common-sense levels"....

Jun
29
2012

Beware your Facebook "friends". They can get you sacked.
#Employment

In Crisp v Apple (UK), Mr Crisp had been employed by Apple (UK) and he was dismissed for gross misconduct having been found to have written a number of derogatory comments on a "private" Facebook page, outside working hours. One of his Facebook "friends" saw the comments, printed them off and obligingly passed them to the store manager....

Jun
28
2012

Collective Redundancies: Consultation on changes to the rules
#Employment

The Government has launched a consultation to consider changes to the rules on collective redundancies....

Jun
27
2012

Two New Immigration Resources on Buddy
#Employment

Two new Immigration Resources are now available on Buddy: Right to work checking process - this is a helpful flowchart setting out when an employer should carry out checks in relation to prospective and current employees. Right to work checks - who is an employee? - Trying to establish who is an employee for the purposes of the preventing illegal working regulations is a common query. This reso...

Jun
25
2012

Visa to London Games for Syria`s Olympic Chief is denied
#Employment

With the worsening situation in Syria, it was not unexpected that the BBC reported at the end of last week that the head of the Syrian Olympic Committee - General Mowaffak Joumaa - has been banned from attending the London Games. However the controversy of the decision lies in the fact that the International Olympic Committee`s stance has been one of avoiding political interference - and it is th...

Jun
21
2012

Termination Payment Taxable as PILON
#Employment

In Goldman v HMRC [2012] UKFTT 313 (TC,) the First-Tier Tribunal (FTT) has held that a termination payment was a contractual payment in lieu of notice (PILON) and not damages for breach of contract. This was in despite of the employer failing to make the PILON in accordance with the employment contract.   Mr Goldman had agreed the contractual term with the Company, a small computing company, th...

Jun
21
2012

Unfair Selection for Redundancy
#Employment

In the case of Mitchells of Lancaster (Brewers) Ltd v Tattersall it was decided that the use of subjective redundancy criteria was not considered to be unacceptable. Mr Tattersall was one of the five senior managers at Lancaster (Brewers) Ltd, who was unfairly dismissed after a flawed redundancy selection process, but within a 20% Polkey deduction. The Company appealed on several grounds, but th...

Jun
21
2012

Unemployment rates and immigration
#Employment

Earlier this year, the Independent reported that immigration does not cause unemployment. Research from the National Institute of Economic and Social Research found that the opposite may be true and that increased immigration could reduce unemployment rates. Unemployment has risen sharply since early 2008, according to figures from the Office for National Statistics which show that there are now...

Jun
15
2012

A genuinely sick doctor
#Employment

Dr Norman Milligan (a consultant neurologist with 37 years experience), was forced to retire at the age of 59 in 2010, from his role at Poole NHS Foundation Trust.  He had been diagnosed with post-traumatic stress disorder.  This had developed as he had unfortunately watched a relative die in intensive care in March of the same year and consequently started to suffer from anxiety, night-terrors a...

Jun
14
2012

Government publishes Low Pay Commission remit for National Minimum Wage
#Employment

The Government has written to the Low Pay Commission (LPC) today setting out its remit for its 2013 Report....

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