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Employment - Legal Updates

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Aug
16
2019

Beware of job adverts that hinder diversity
#Employment

The wording used in job advertisements to describe roles, workplaces and candidate attributes could be dissuading a more gender-diverse range of applicants, according to research from LinkedIn....

Aug
16
2019

Diabetic employee successfully claims unfair dismissal and discrimination following dismissal for gross misconduct after locking customer in bank branch
#Employment

A London Employment Tribunal has ruled that a bank manager, who was dismissed after his health condition adversely affected his ability to follow proper security procedures at work, has successfully brought a claim against his employer for unfair dismissal and disability discrimination. ...

Aug
14
2019

News Flash: The TUPE Quarter Podcast Series Launches Today!
#Employment

We all know what a complex area TUPE can be so we’re launching a series of podcasts designed to bring you right up to date with all things TUPE! This will include the latest case law developments as well as discussion on common issues and myths that surround business transfers and service provision changes....

Aug
13
2019

Transferor will need to provide more information to transferee from April 2020
#Employment

Under section 1 of the Employment Right Act 1996, employers must provide most employees with particular information about their employment including start date, scale/rate of remuneration, and terms relating to hours of work. ...

Aug
12
2019

Right to Work Checks for EU Workers pre and post Brexit
#Immigration #Employment

There has been a tornado of confusion in the build up to Brexit for employers. Adding to this confusion is the question whether there will be any changes to right to work checks for EU nationals pre and post Brexit? In short, the answer is that there will be no significant changes until 1 January 2021, when the new skills-based immigration system will be implemented....

Aug
08
2019

Risk to applying 12.07% cap for Part-Time workers
#Employment

The Court of Appeal (“CoA”) decision in Harper Trust v Brazel reiterates the risks to employers who apply a loose and general Working Time Regulations (“WTR”) and ACAS affiliated holiday pay calculation for part-time workers. ...

Aug
06
2019

Tier 2 visa: What is a genuine vacancy?
#Immigration #Employment #UK Immigration

Tier 2 Sponsors are bound by various sponsorship duties, and one of the most important one is offering a genuine vacancy for a job role. A failure to provide a genuine vacancy can lead to the downgrading, suspension or revocation of an employer’s sponsor licence. For the migrant applicant, this could mean a refusal of their Tier 2 visa....

Aug
06
2019

Government responds to consultation extending parents’ redundancy protection
#Employment

In case you missed our article last week, earlier this year the government ran a consultation on how and whether to extend the redundancy protection for pregnant women and new parents...

Aug
06
2019

Obligation to keep national minimum wage records transfers to transferee
#Employment

Employers have an ongoing duty to keep sufficient national minimum wage records to demonstrate their compliance with the law....

Aug
05
2019

Michael Sippitt and Georgia Roberts comment for the HR Director on complex world of workplace AI
#Employment #Press #Clarkslegal

“Artificial intelligence”. It’s in the news, it’s in our homes and will change the world of work as we know it. For human resource professionals, knowing what’s coming has never been so important. Ensuring you are ahead of the game in preparing for the changes that are coming is paramount. Contributors Michael Sippitt, chairman Clarkslegal and Georgia Roberts, Solicitor – Clarkslegal....

Aug
01
2019

The government had announced that it will enhance redundancy protections for pregnant women and new parents
#Employment

It is estimated that up to 54,000 women a year lose their jobs as a result of pregnancy or maternity discrimination with 37% of women feeling isolated to the point of resignation following a return from maternity leave....

Jul
30
2019

Digital Nomads
#Employment #UK Immigration #Information Technology

The appeal of the digital nomad lifestyle has changed the horizons. Businesses need to be aware that this is likely to be seen by highly skilled individuals as attractive, at least as an option. However, while most of the media focus in this area is on the liberating effect it can have on the individual, there are three key considerations before agreeing to working this way....

Jul
29
2019

Brexit and TUPE
#Employment

We’re nearing October and it’s still unclear what the UK’s withdrawal agreement with the EU will look like or if one will exist at all! It is also unclear what impact Brexit will have on employment law and there hasn’t really been any development in this area since The European Union (Withdrawal) Act 2018 was passed in June last year. ...

Jul
26
2019

Acas 2018/2019 Annual Report
#Employment

Last week Acas, the Advisory, Conciliation, Arbitration Service, published its 2018-2019 report, giving us keen insight into current employment claim trends. ...

Jul
25
2019

Proposals signal end for one-sided flexibility
#Employment

In a move designed to benefit shift workers and those in the gig economy, the Government has proposed workers should have the right to switch to a contract that better reflects their normal working hours. ...

Jul
23
2019

The Flexible Working Bill – should we all work flexibly?
#Employment

Last week, the Flexible Working Bill received its second reading in the House of Commons. The Bill, if passed, would require all employers to offer flexible working automatically, unless specific circumstances apply....

Jul
19
2019

Health is everyone’s business: new government proposals regarding sickness absence and statutory sick pay
#Employment

Around 100,000 people in the UK every year leave work completely after a sickness absence and 44% of people who are off work for a year or more because of illness do not return to the workplace....

Jul
17
2019

Disability discrimination: No constructive knowledge where claimant had suppressed information
#Employment

The Claimant was dismissed by the Respondent due to poor attendance. This poor attendance arose as a consequence of the Claimant’s disabilities. ...

Jul
12
2019

September Climate Strike: How to respond to striking staff
#Employment

Climate crisis protesters are urging the UK workforce to follow their student counterparts and take part in a worldwide strike, starting on 20 September 2019. ...

Jul
12
2019

An employee who posted racially offensive imagery on Facebook was not regarded as having acted in the course of his employment
#Employment

Employers can be held legally responsible for acts of discrimination and harassment carried out by their employees, provided that the conduct took place in the course of their employment. ...

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