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Nov
24
2017

Union bids for recognition with end user not employer
#Employment

This week a trade union, IWGB, has applied for statutory recognition to represent a group of receptionists, security officers and porters who work at the University of London even though these workers are employed by Cordant Security, a facilities management company with the contract to provide services to the University....

Nov
24
2017

Countdown to the GDPR: 6 months to go!
#Employment #Data Protection

With the GDPR coming into force in only 6 months, organisations (who haven’t already) should be starting their preparations....

Nov
24
2017

UK work experience visas under Tier 5
#Immigration #Inward Investment #Employment

The Tier 5 visa route enables international students from outside the EEA to undertake temporary work experience, internships or approved training in the UK during or after their studies. Here, we consider the Government Authorised Exchange (GAE) and Youth Mobility schemes under Tier 5 of the Points Based System. Both routes allow a student/graduate to live and work in the UK for 12-24 months....

Nov
17
2017

Pension scheme did not discriminate against worker who had a mixture of full-time and part-time service
#Employment

In Dr Parker v MDU Services Ltd, the claimant alleged that her employer’s pension scheme indirectly discriminated against workers who had a combination of full and part-time service....

Nov
17
2017

Government doubles visas for exceptional talented individuals
#Immigration #Inward Investment #Employment

On Wednesday, the government announced its intentions to double the number of visas to individuals who show promise in the technology, science, art and creative industries. Home Secretary Amber Rudd confirmed that the number of visas available through the Tier 1 Exceptional Talent route will increase from 1,000 to 2,000 a year....

Nov
17
2017

Deliveroo: Late substitution leads to a win against the run of play
#Employment

The Central Arbitration Committee (CAC) has finally given its decision on whether a particular group of Deliveroo riders - those in the Camden/Kentish Town area of North London who are paid per delivery - are workers of Deliveroo or are independent suppliers of services to Deliveroo....

Nov
10
2017

Will Uber work in the area again?
#Employment

The Employment Appeal Tribunal (EAT) has today upheld the ET decision that when the Uber drivers were in the work area, available for work and with Uber app switched on, they were workers with rights to national minimum wage, sick pay and holiday pay....

Nov
10
2017

Web of Secrecy: most organisations failing to inform users about what will happen to their personal data
#Employment

The ICO has led a global investigation of website privacy communications on behalf of the Global Privacy Enforcement Network (GPEN) and found many organisations’ data protection practices are lacking. ...

Nov
10
2017

The importance of understanding the economic entity in a TUPE situation
#Employment

For there to be a business transfer under TUPE there must be an ‘economic entity’ that retains its identity post-transfer....

Nov
10
2017

Brexit Update: Government Publishes ‘Technical Document’ on EU citizens’ rights
#Immigration #Inward Investment #Employment

Last night, Theresa May confirmed that the EU Withdrawal Bill would be amended to formally commit to Brexit at 23:00 GMT on 29 March 2019. This comes after the government published a ‘technical document’ on Tuesday setting out further details of how the new settled status scheme for EU nationals and their family members would operate as the UK leaves the EU. The document seeks to reassure the 3 million EU citizens currently living in the UK of their immigration status post-Brexit....

Nov
10
2017

Michael Sippitt comments for the International Business Times on Uber loses UK legal appeal against drivers' rights
#Employment #Press

Taxi-hailing firm Uber has lost its appeal on Friday (10 November) against a ruling that its drivers should be classed as workers rather than self-employed....

Nov
03
2017

Tribunal Fees: Where are we now?
#Employment

Since the Supreme Court’s decision on 26 July 2017 that the existing scheme of Employment Tribunal fees was unlawful, the future for employment claims has been in a state of flux. In our article in September 2017 ...

Nov
03
2017

Ignorance is bliss: decision-maker unaware of protected disclosure defeats automatic unfair dismissal claim
#Employment

We reported on the EAT’s decision in Royal Mail v Jhuti back in the summer. Unhappy with the EAT’s decision, Royal Mail appealed to the Court of Appeal. The Court of Appeal restored some sense by confirming that employees cannot claim they have been automatically dismissed for making a disclosure if the decision-maker was unaware of the protected disclosure(s)....

Oct
27
2017

Right to Work: Employing International Students
#Immigration #Inward Investment #Employment

Some international students from outside the EEA are allowed to work in the UK, depending on the conditions of their visas. Where they are permitted to work, students can work part time during their studies, full time during vacation periods and any period of time between completing their studies and the expiry of their student visa. Employers wishing to take on such students should be aware of the additional right to work checks required....

Oct
27
2017

ICO: Notification requirement to be removed, however fee regime will continue
#Employment

The Information Commissioner’s Office (ICO) has announced that it will drop requirements for data controllers to notify the ICO of data processing activities but will retain a fee regime, when the new General Data Protection Regulation (GDPR) comes into force from May 2018....

Oct
27
2017

A much-needed win for vulnerable and exploited domestic workers
#Employment

As we have previously blogged, UK law does not do enough to protect migrant domestic workers in the UK from abuse, exploitation and modern slavery....

Oct
27
2017

Greek government falls short with discriminatory height requirement for police
#Employment

The ECJ has held in Ypourgos Ethnikis Pedias kai Thriskevmaton v Kalliri that a minimum height requirement of 170cm imposed by the Greek Government for men and women wishing to join the police force, amounted to indirect sex discrimination and could not be objectively justified....

Oct
27
2017

Government announces start of tribunal fees refund scheme
#Employment

Following the Supreme Court’s ruling this summer that Employment Tribunal fees were unlawful, the government has announced its fees refund scheme: individuals will be refunded their original fee along with an interest of 0.5% calculated from the date of the original payment up until the refund date....

Oct
20
2017

Tier 2 Sponsor Duties: Record Keeping
#Immigration #Employment #Inward Investment

Tier 2 sponsors are required to fulfil certain duties throughout the duration of their sponsor licence. Failure to comply with any of the sponsor duties, is likely to lead to a licence being suspended or in a worst-case scenario revoked and sponsored workers seeing their leave curtailed....

Oct
13
2017

Mental Health Week 2017: tackling the stigma of mental health in the workplace
#Employment

The 10th October marked World Mental Health Day and this year’s theme was ‘mental health in the workplace’....

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