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Jun
07
2019

The use of medical aids, including contact lenses, when assessing disability
#Employment

The recent case of Mart v Assessment Services Inc has brought the question of disability and medical treatment to the forefront once again. The Equality Act 2010 offers special protection to individuals who are disabled. ...

Jun
07
2019

Immigration Update: Brexit
#Immigration #Setting up in the UK

The UK government is to expect its third Prime Minister in July in the 3 years since the EU Exit Referendum took place. The new leader is likely to define the course of Brexit negotiations, and its outcome. As thing stand, the UK is set to leave the EU on 31 October 2019....

Jun
07
2019

Failure to pay sum offered during cross-examination was not victimisation
#Employment

This is according to the recent EAT decision in Aston v The Marlet Group. The EAT dismissed the claimant’s victimisation claim, considering the law on the judicial proceedings immunity and paying particular attention to the Supreme Court decision in P v Commissioner of Police in the Metropolis. ...

Jun
05
2019

Avoiding the pitfalls of positive action
#Employment

In Furlong v Chief Constable of Cheshire Police an employment tribunal unanimously found that a police force’s recruitment process directly discriminated against a white, heterosexual, male applicant in the first decided case on the use of positive action under s.159 of the Equality Act 2010. ...

Jun
04
2019

A useful reminder of what happens to an underlease when the headlease is surrendered, forfeited or disclaimed?
#Real Estate

The headlease is surrendered If this happens then the tenant under the headlease falls away and the tenant under any underlease becomes the direct tenant of the superior landlord and the premises will continue to be occupied by the undertenant on the terms of the underlease....

Jun
03
2019

Tracking your employees – Is this a(i) step too far?
#Employment #Information Technology

It has been revealed that hundreds of UK business are using artificial intelligence to monitor staff activity. Is this an innovative way to analyse productivity or a stressful scrutinisation of individuals’ activity?...

May
31
2019

Retirement age upheld at Oxford University
#Employment

A former Oxford professor lost his Employment Tribunal claim against the University after it was held their employer-justified retirement age (EJRA) was justified. Oxford University introduced a retirement age of 67 for academics, and allowed applications for extensions only in exceptional circumstances, such as to maintain continuity in projects or to complete work....

May
31
2019

MAC Report: Shortage occupation list needs significant expansion to meet skills gap
#Immigration #Setting up in the UK

The Migration Advisory Committee in its latest report, published this week, recommends a major review of the SOL so that includes almost 9% of jobs in the labour market, a significant increase from the current 1%. The Migration Advisory Committee or otherwise known as MAC offers government advice on its immigration policy, and on the Shortage Occupation List (SOL). ...

May
30
2019

Court of Appeal clarifies failure to pay enhanced shared parental pay to match enhanced maternity pay is not sex discrimination
#Employment

We previously reported on the cases of Ali v Capita Customer Management Ltd and Hextall v Chief Constable of Leicestershire Police which left us with competing judgments on whether a failure to increase statutory parental pay to match enhanced maternity pay would be discriminatory on the grounds of sex. We now have appellate authority from the Court of Appeal in these cases (which were joined). ...

May
24
2019

Favouritism, micromanaging and poor instructions – the errors managers continue to make
#Employment

New research shows that nearly 50% of employees have at some point resigned as a direct consequence of their poor working relationship with their boss. Process management firm Process Bliss undertook the research, conducting an online survey within the UK of small to medium sized businesses. ...

May
24
2019

Decision not to allow employee to take up overseas placement due to concerns over risk to his health not discriminatory
#Employment

In the recent case of Owen v AMEC Foster Wheeler Energy Ltd and another, the Court of Appeal held that withdrawing the offer of an international placement due to concerns arising from the Claimant’s medical assessment did not amount to disability discrimination. The Claimant was in poor physical health and suffered from hypertension, kidney disease, ischaemic heart disease, type 2 diabetes and morbid obesity....

May
23
2019

EU law requires employers to keep daily records of hours worked
#Employment

In Federación de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE, a trade union in Spain brought a claim against Deutsche Bank, which did not keep a record of the hours its employees worked on a daily basis. The Court of Justice of the European Union has decided that if there were no requirement to keep records “it would be impossible to determine objectively and reliably either the number of hours worked by the worker [or] when that work was done”....

May
17
2019

Mental Health Awareness Week
#Employment

According to The Government's Department of Health, 25% of us will experience mental health issues at some point in our lives. A study conducted by the Chartered Institute of Personnel and Development...

May
17
2019

Retail staff may be entitled to extra payment for opening and closing their store
#Employment

Whilst it may be common place for retail staff to open and close their stores outside of their contractual hours, employers should be wary and ensure that everyone adequately remunerated for such activities. In the recent case Fitz v Holland and Barrett, Employment Judge Siddall posited such advice in her judgement. ...

May
16
2019

Spouse Visa – Is your relationship genuine and subsisting?
#Immigration

For years many couples have become frustrated by the requirements for a spouse visa as the rules and guidance are difficult to understand. A significant amount of applications are rejected on the basis of the applicant not providing the adequate documents to evidence the relationship requirement....

May
14
2019

Cross-Channel ferries: expensive procurement lessons to be learned
#Public Procurement

Last week it was reported that the Department for Transport was cancelling two contracts to provide cross-Channel ferry services it hastily entered into in January, in anticipation of a no-deal Brexit. The cancellation of the contracts is expected to cost more than £50million....

May
09
2019

Companies failing to bring workers to the board
#Employment #Corporate

A report released by the Local Authority Pension Fund Forum (LAPFF) has revealed that just 5% of companies would appoint an employee to their board of directors, despite a push by the Government to improve employee participation in board meetings. Under the Corporate Governance Code, companies are asked to strengthen the “employee voice” in boardrooms....

May
09
2019

Knowledge of disability - Employer’s knowledge of Claimant’s disability at appeal stage of disciplinary proceedings was relevant and should have been considered by Tribunal
#Employment

In the recent case of Baldeh v Churches Housing Association of Dudley and District Ltd, the EAT allowed an appeal by a Claimant against the Tribunal’s decision to reject her claim for disability related discrimination. Whilst it was found that the Respondent did not have knowledge of the Claimant’s disability (either actual or constructive) prior to dismissing her, it had gained this knowledge when it was told of her depression at the appeal hearing....

May
09
2019

Adjudication procured by fraud – how does the court deal with that?
#Construction

A good chunk of the TCC’s business concerns the enforcement of arbitration awards. It is well known that there are very limited circumstances in which it will refuse to do so. One such ground is where the adjudication award was procured by fraud and we reported last year on the unsuccessful attempt in Gosvenor v Aygun....

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