Under TUPE, individuals who are ‘employed’ by the transferor and assigned to the organised grouping of resources or employees that is subject to the relevant transfer (whose contracts would otherwise be terminated by the transfer) will transfer to the transferee. ...
The Supreme Court, in Jhuti v Royal Mail, has reversed the Court of Appeal’s decision and held that an employee was unfairly dismissed for making a protected disclosure despite the fact that the decision-maker was unaware of the disclosure. ...
The latest report from the Office of National Statistics (ONS) states that net migration from the EU is now at 48,000 for the year ending September 2019. This figure peaked in 2015, when it was at 219,000....
Welcome to Part 3 in our series of blogs summarising each political party’s pledges on matters effecting employment. Today we are looking at the Liberal Democrat’s manifesto. Set out from page 21, The Lib Dems’ key employment pledges are:...
Welcome to Part 2 in our series of blogs summarising each political party’s pledges on matters effecting employment....
the Labour Party has set out a radical manifesto for the future of UK employment law and there has been a lot of focus on the changes to laws affecting trade unions. It is worth picking up on further comments by the shadow chancellor today. When he was put on the spot regarding Labour’s position on secondary picketing, he refused to be pinned down but did state: “We will make sure that people have the right, as in the ILO [International Labour Organisation] conventions to withdraw their labour.”...
The purpose of the financial requirement is to ensure the applicant has sufficient funds to support themselves in the UK, without having recourse to public funds. Unfortunately, the most common reason for refusing a spouse visa, is due to the applicant failing to demonstrate that they meet the financial requirement....
This week, the UK’s political parties are releasing their manifestos for the general election on 12 December 2019. In a series of 5 blogs we will be detailing each parties’ pledges on matters effecting employment, starting today with Labour....
In the recent case of Cadent Gas Ltd v Singh the Employment Appeal Tribunal (EAT) has upheld a tribunal decision that an employee was automatically unfairly dismissed because of his trade union activities despite the fact that the disciplinary and appeal officers were not motivated by his union activities....
In response to the fears of a very strained health service following Brexit, Boris Johnson has introduced the new NHS visa to allow easier recruitment of overseas doctors and nurses. The cost of the visa will be reduced to £464 which is half the usual fee of £928....
This week, Royal Mail won a High Court injunction against what would have been the first national postal strike for a decade, by up to 110,000 workers and scheduled to take place over the Christmas period....
Employers should be aware that changing or removing adjustments for a disabled employee could amount to a failure to make reasonable adjustments, even if they are replaced with other adjustments....
There are some types of special category data under the GDPR that attract a higher level of protection given their sensitive nature....
There have been some cases in 2019 which have offered employers guidance on restrictive covenants and demonstrated how important it is for employers to review such restrictions carefully....
The Chief Executive (“CE”) of McDonalds has this week been fired following a romantic relationship with a fellow employee. Despite the fact that the fast food giant acknowledged that the relationship was consensual, the CE was dismissed as he had violated company policy by engaging in the relationship....
Employers can be held legally responsible (vicariously liable) for the discriminatory actions of their employees which have taken place in the course of employment. To avoid being held liable, an employer would have to show that it took all reasonable steps to prevent the discriminatory actions from occurring. This is exactly what Capita managed to do in a recent racial harassment case, brought against both Capita and one of Capita’s operations managers....
The Court of Appeal (“CoA”) has disagreed with an Employment Appeal Tribunal’s (“EAT”) interpretation of a leaked email. Instead the CoA held that the correspondence between a lawyer and the Respondent, referring to the possibility of dismissing the Claimant by redundancy, was covered by Legal Privilege. ...
In López Ribalda and others v Spain, the Grand Chamber of the European Court of Human Rights (ECtHR) has held that it was not a breach of Article 6 (right to a fair trial) or Article 8 (right to respect for a private life) of the European Convention on Human Rights, to covertly record employees as part of an investigation into suspected theft and for the recording to be used at trial....
Judicial Review is an important remedy and is used to challenged decisions made by public bodies, or those made on their behalf. In immigration cases, it can be used to challenge decisions which do not provide a statutory right of appeal....
The government released its Statement of Changes to the Immigration Rules on 24 October 2019 and finally shed some light on the ambiguous Euro Temporary Leave to Remain (Euro TLR). The following are key features of the new Scheme:...