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Employment

Articles & Blogs Employment

When Does Sleep Count as Work?

Friday, 20 July 2018

The Court of Appeal considered this question in the case of Shannon v Rampersad (t/a Clifton House Residential Home) and Royal Mencap Society v Mrs Tomlinson-Blake in the context of when 'sleep-in' workers are entitled to the minimum wage.

When Does Sleep Count as Work?

Articles & Blogs Employment

What Does the Government's Brexit White Paper Mean for Employers?

Friday, 20 July 2018

As the United Kingdom prepares to leave the European Union on 29 March 2019, the Government has released a White Paper setting out what it wants from the future relationship between the UK and EU.

What Does the Government's Brexit White Paper Mean for Employers?

Articles & Blogs Employment

Protection from Unfair Dismissal - Statutory Notice and Gross Misconduct

Friday, 13 July 2018

Where an employee is summarily dismissed just short of acquiring protection from unfair dismissal, can one week's statutory notice be added to the length of their employment?

Protection from Unfair Dismissal - Statutory Notice and Gross Misconduct

Articles & Blogs Employment

Voluntary Overtime Should Be Taken into Account When Calculating Holiday Pay

Friday, 13 July 2018

The Employment Appeal Tribunal (EAT) determined, in the case of Flowers v East of England Ambulance Trust that voluntary overtime paid over a sufficient period should be taken into account when calculating pay due to an employee during their annual leave.

Voluntary Overtime Should Be Taken into Account When Calculating Holiday Pay

Articles & Blogs Employment

Failure to Consider Part-Time Working Prevents Objective Justification of Discrimination Arising from Disability

Friday, 13 July 2018

In the case of Ali v Torrosian and others (t/a Bedford Hill Family Practice), Dr Ali successfully appealed to the EAT against a decision that the GP practice in which he had worked had not discriminated against him by dismissing him on capability grounds.

Failure to Consider Part-Time Working Prevents Objective Justification of Discrimination Arising from Disability

Articles & Blogs Employment

Employee Dismissed over Right to Work - Appeal Should Have Been Granted

Friday, 06 July 2018

Where an employer has reasonably (but mistakenly) reached the conclusion that an employee has no right to work in the UK, is it fair to refuse a right of appeal against dismissal?

Immigration Law

Articles & Blogs Employment

Hermes Couriers Found to Be Workers Despite Being Classed as Self-Employed

Friday, 06 July 2018

The Employment Tribunal (ET) held that despite the terms of their written agreement, Hermes couriers were in reality workers and therefore entitled to National Minimum Wage and paid annual leave.

Gig Economy

Articles & Blogs Employment

GDPR - References Now Exempt from Disclosure

Friday, 06 July 2018

Under the General Data Protection Regulation (GDPR) individuals are entitled to a copy of the personal data which your organisation holds about them and to certain supplementary information.

Data Protection Law

Articles & Blogs Employment

When Should an Employer Consider Suspending an Employee?

Friday, 29 June 2018

ACAS has published new guidance on the process and procedure of suspension.

When Should an Employer Consider Suspending an Employee?

Articles & Blogs Employment

Can Making an Allegation Amount to Whistleblowing?

Friday, 29 June 2018

There is no reason why not, according to the Court of Appeal in Kilraine v London Borough of Wandsworth.

Can Making an Allegation Amount to Whistleblowing?

Articles & Blogs Employment

New UK Immigration Status for EU Citizens and Their Families

Friday, 29 June 2018

The Government has released further details of their plans for confirming the immigration status of EU citizens and their families living in the UK.

New UK Immigration Status for EU Citizens and Their Families

Articles & Blogs Employment

Is it Discriminatory to Issue a Written Warning to a Disabled Employee for Poor Attendance?

Friday, 22 June 2018

In the case of DL Insurance Services Ltd v O'Connor, the Employment Appeal Tribunal considered this question, holding that issuing the formal warning amounted to unfavourable treatment in the circumstances...

Is it Discriminatory to Issue a Written Warning to a Disabled Employee for Poor Attendance?

Articles & Blogs Employment

Establishing Employment Status - The Importance of Having Unambiguous Terms of Employment

Friday, 22 June 2018

In Hafal Ltd v Lane-Angell, the Employment Appeal Tribunal (EAT) considered whether an individual who was employed on a "bank basis" with no guaranteed hours was an employee.

Establishing Employment Status: the Importance of Having Unambiguous Terms of Employment

Articles & Blogs Employment

Pressure on Tier 2 (General) Restricted Certificate of Sponsorship Cap Set to Ease

Friday, 22 June 2018

As the cap on Tier 2 visas for skilled non-EEA workers is hit for an unprecedented 7th successive month, the Government has announced changes which are likely to significantly ease demand.

Pressure on Tier 2 (General) Restricted Certificate of Sponsorship Cap Set to Ease

Articles & Blogs Employment

Supreme Court Upholds 'Worker Status' Decision in Pimlico Plumbers Case

Friday, 22 June 2018

In the widely-reported case of Pimlico Plumbers Ltd and Mullins v Smith, the Supreme Court has upheld the decision that a plumber was engaged as a worker for the purposes of the Employment Rights Act 1996 and the Working Time Regulations 1998...

Supreme Court Upholds 'Worker Status' Decision in Pimlico Plumbers Case