The issue of what is meant by “establishment” for the purpose of collective redundancy consultation having been dealt with recently by the European Court of Justice, the next vexed issue on collective consultation is at what point in the employer’s decision making processes does the obligation to consult arise?...
Immigration issues have been in the news again this week following comments from the Royal College of Nursing (RCN) that up to 3,365 nurses currently working in the UK may be forced to leave after upcoming changes are made to the immigration rules....
Agency arrangements often arise informally, and we are sometimes consulted by agents and principals who are not sure whether they fall within the Commercial Agents (Council Directive) Regulations 1993 (the Regulations) or not. ...
A Northern Ireland appeal has been allowed on the decision in Patterson v Castlereagh NIIT/1793/13 after the employer’s legal representatives conceded that there is “nothing in principle” to prevent voluntary overtime being included in holiday pay....
How relevant is it to worker/employee status that the individual in question works exclusively in that role for a single employer?...
In Jakowlew v Saga Care, the client local authority issued an instruction to its contractor requiring it to remove the Claimant, a care worker, from the contract....
It has been reported that the cap on the number of Tier 2 visas permitted each month has been reached for the first time since its introduction in 2011....
The government has announced a review of employment tribunal fees....
In a recent case, the Technology and Construction Court (TCC) has provided some guidance on the legal doctrine known as “estoppel by convention”....
‘Vexatious, malicious and frivolous’ allegations of race discrimination can lead to fair dismissal....
If one employee voices her religious views, and this causes upset or offence to another employee, would it be discriminatory to dismiss?...
It is common for services to be contracted out to by a client a main contractor and then for that main contractor to then sub-contract some or all of the services to a sub-contractor....
Can an employer insist that an employee does not wear specific religious dress for work? When would this be religious discrimination?...
In its 2013 consultation paper, “Red Tape Challenge: Company Filing Requirements”, the Government considered proposals to simplify a company’s statutory filing requirements, to reduce duplication and improve flexibility in companies' dealings with the Registrar. ...
A woman who observes Shabbat (the Jewish day of rest from sundown on Friday to sunset on Saturday) has won a claim of indirect discrimination on the grounds of her religion after she was refused employment....
If employees take strike action their pay is withheld for the time that they do not work. How should the amount of pay which is withheld be calculated?...
It is illegal to drive whilst using a mobile phone, that is well known. However, if an employee is seen driving whilst using a mobile phone would that be grounds for a fair dismissal?...
It’s been a busy year for Clarkslegal’s corporate team, with the team acting on a number of corporate transactions. ...
Provisions in the Small Business, Enterprise and Employment Act 2015 (passed by the Coalition Government) that make exclusivity clauses in zero-hours contracts unenforceable came into force this week. Also now in force is the increase in the maximum financial penalty for underpayment of the national minimum wage to £20,000 per worker....
Wednesday’s Queen’s Speech, which marked the state opening of parliament, set out the new government’s ‘one-nation’ programme of legislation. The Immigration Bill featured amongst a total of 26 bills proposed and its aim is to “control immigration”....