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Jul
24
2017

Potential increase to damages bands for injury to feelings
#Employment

In discrimination claims (and in some other claims such as those for detrimental treatment following a protected disclosure), claimants...

Jul
21
2017

No Dual Nationality for Dutch Nationals living in Post Brexit Britain
#Immigration #Inward Investment #Employment

Dutch PM Mark Rutte, this week confirmed that Dutch nationals in the UK who are considering securing British citizenship in order to avoid complication after Brexit, will be stripped of their Netherlands passports due to existing limits on dual nationality. This means in effect, that 100,000 Dutch nationals living in the UK face an uncertain future after March 2019....

Jul
20
2017

Taylor Review: Key Proposals
#Employment

The much awaited Taylor Review into modern working practices has been released. It aims to tackle “one-sided flexibility” in favour of employers in the labour market. The key recommendations include:...

Jul
20
2017

Falling through the Gap: BBC posts some surprising pay data
#Employment

The BBC came under fire yesterday after publishing data on their biggest earners. The broadcaster has released a list of their “talent” within the organisation earning over £150,000 per year. Of the 96 who appear on the list two thirds are men. Of the highest earners, 25 men on the list receive more than £250,000 a year whilst just nine women receive over this amount....

Jul
20
2017

Whistleblowing – Court of Appeal considers ‘public interest’ test
#Employment

The Court of Appeal has handed down its much-awaited decision in the case of Chesterton Global v Nurmohamed and, unfortunately for employers, it does not provide the assistance they were hoping for. ...

Jul
19
2017

New Subject Access Request guidance issued
#Employment

The Information Commissioner’s Office (ICO) has updated its guidance to its code of practice on subject access requests (SARs) under the Data Protection Act to reflect recent developments in case law....

Jul
19
2017

Employee jailed for breaching court order relating to confidential data
#Employment

An employee has been jailed for 6 weeks for breaching an interim injunction awarded in the case of OCS Group UK v Dadi....

Jul
18
2017

ACAS Early Conciliation – Ensure the correct Respondent is identified!
#Employment

In Giny v SNA Transport Limited, the Claimant brought several claims in the ET against his former employer. Before issuing his ET1 claim form, he contacted ACAS to commence early conciliation...

Jul
14
2017

A 10% uplift to awards for psychiatric injury or injury to feelings arising from discrimination
#Employment

The Court of Appeal in Simmons v Castle, held that the level of damages in certain types of claims should be increased by 10% after 1 April 2013, to reflect the fact that claimants would no longer be able to recover success fees and after the event insurance premiums from Respondents in the civil courts....

Jul
13
2017

Whistle-blowers can receive stigma damages for loss of career, even if they do not specifically request this in their ET claim
#Employment

Unlike ordinary unfair dismissal claims, there is no cap on damages for loss of earnings in a whistle-blowing claim....

Jul
12
2017

Monica Atwal writes for CITY AM on the Taylor Review paves the way for a new labour landscape
#Employment #Press

The Taylor Review offers clear guidance in this current climate of uncertainty: employers need flexible and agile workers, and in reality there are a variety of work arrangements that suit both the individuals and business....

Jul
10
2017

Accommodating business visitors and ensuring compliance
#Immigration #Inward Investment #Employment

A few years ago, the UK’s rules for visitors were revamped and saw changes which simplified the lives of many people who are frequent visitors to the UK for leisure and business. Prior to April 2015, visitor rules were restrictive and it was commonplace for bona fide business visitors to be inadvertently in breach of the immigration rules. The current visit visa system allows business people to carry out a wider range of activities under broader categories....

Jul
10
2017

Gig Economy Update
#Employment

The Trades Union Congress (TUC) recently published a report on ‘insecure work’. According to the report, 3.2 million people in the UK currently have ‘insecure work’ which was defined as being engaged:...

Jul
10
2017

Appeal: No reasons for decision? No witnesses called? No problem!
#Employment

In the case of Elmore v The Governors of Darland High School, the EAT upheld the decision of the ET that the dismissal of a mathematics teacher on capability grounds was fair, despite the fact that the school’s appeal panel gave no reasons for its decision and none of its members were called as witnesses at tribunal....

Jul
07
2017

How to avoid getting hot and bothered on summer employment issues
#Employment

In December, law firms like to write advice on dealing with employment issues that may arise over the festive period, but the summer in its own way can create just as many pitfalls....

Jun
30
2017

Scottish Government report suggests raise in care worker wages would help close gender pay gap
#Employment

The Scottish Parliament’s Economy, Jobs and Fair Work Committee has published its gender pay gap report, “No Small Change”. It contains a number of recommendations for devolved powers to be used to close the gender pay gap....

Jun
30
2017

Save money. Live to regret it?
#Employment

Last week (in Farmah & ors v Birmingham City Council & ors) the EAT gave an important Judgement in five different multiple equal pay claims, including the large scale claims against Asda....

Jun
30
2017

TUPE may apply on share sale if purchaser “steps into the shoes” of the employer
#Employment

On a share sale, it is easy to presume that TUPE will not apply as the employer remains the same and it is just the ownership that changes. In the recent case of ICAP Management Services Limited v Berry & BGC, the High Court looked at the circumstances in which a transfer could arise....

Jun
29
2017

UK Government’s Post Brexit Offer to EU nationals
#Immigration #Inward Investment #Employment

This week, the government published its policy paper for managing the immigration status of EU nationals in the UK after Brexit. The policy paper is still to be negotiated with the EU but it confirms that once the UK has officially withdrawn from the EU (which could happen at any point on or before 29 March 2019), existing residence documents such as those certifying permanent residence, would be invalid. Instead, all EU nationals and their family members would need to apply for new residence documents....

Jun
23
2017

Queen’s Speech: Proposed measures relating to Employment Law
#Employment

Her Majesty has outlined the legislative agenda for the coming two years in Parliament. As the Conservative Party failed to obtain a majority in the recent general election, many manifesto promises were scaled down or scrapped entirely....

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