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Nov
22
2019

Global labour standards will have a bigger impact on the UK, whatever the outcome of the election
#Press

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.”...

Nov
22
2019

Spouse Visa – Financial Requirements
#Immigration

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....

Nov
22
2019

General Election 2019 – Party Manifestos on Employment Law and Industrial Relations
#Employment

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....

Nov
22
2019

Automatic unfair dismissal due to trade union activities, despite no anti-union prejudice by employer: a warning for employers
#Employment #Employee Relations

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....

Nov
20
2019

NHS Visas
#Immigration

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....

Nov
15
2019

Changing reasonable adjustments could be discriminatory
#Employment

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....

Nov
08
2019

Restrictive Covenants – What’s happened in 2019
#Employment

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....

Nov
08
2019

How employers should manage workplace romances
#Employment

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....

Nov
08
2019

Capita not liable to compensate for employee’s racist comments
#Employment

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....

Oct
30
2019

Covert recording of employees: No breach of human rights
#Employment

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....

Oct
30
2019

Top tips for judicial review
#Immigration #Judicial Review

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....

Oct
29
2019

Let’s break it down: Euro Temporary Leave to Remain (Euro TLR)
#Immigration

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:...

Oct
25
2019

Briefing paper on UK’s future immigration system published
#Immigration

The House of Common’s library has published a briefing on UK’s future immigration system. The paper gives an overview of why the immigration system is changing, and what changes to expect. ...

Oct
24
2019

And a vindaloo visa please…
#Immigration

Priti Patel had recently announced the introduction of the ‘vindaloo visa’, which came into effect on 6 October 2019. But what exactly is this visa? ...

Oct
24
2019

Christian doctor dismissed for refusal to use preferred pronouns for transgender individuals loses in the Employment Tribunal
#Employment #Discrimination

In the case of Mackereth v The Department for Work and Pensions and another, the Claimant was a doctor who refused to use transgender individuals’ preferred pronouns and titles as he claimed it went against his Christian beliefs. ...

Oct
23
2019

Applying for naturalisation? Be wary of this important requirement!
#Immigration

Naturalisation is the process of becoming a British citizen for adults. This process has various requirements which include a minimum period of previous residence, knowledge of life and language in the UK among others....

Oct
22
2019

The EU Exit: ID Document Check is now available for iOS
#Immigration

The EU Exit: ID Document Check is an app by the Home Office which is used to verify the identity of anyone applying under the EU Settlement Scheme. The app provides a quick way of applying under the scheme, without the need to send your physical documents to the Home Office for verification. ...

Oct
18
2019

Confidentiality agreements guidance
#Employment

NDAs have long been a popular subject in the media. Seeking to clarify its position on their use in employment matters, the Equality and Human Rights Commission has issued new guidance. ...

Oct
16
2019

EU Settlement Scheme Family Permit: What comes next?
#Immigration

Many non-EU family members are under the false impression that once they have been granted a Family Permit, they have indefinite leave to remain in the UK. This is definitely not the case....

Oct
15
2019

More details emerge on the Graduate Immigration Route
#Immigration

We previously covered the possible return of the Post-Study Work (PSW) Visa. We now understand that the revamped version will be known as the Graduate Immigration Route, and the government has provided further details of this new visa....

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