Articles in ‘Employment & Immigration’ Category

Court of Appeal provides clarification on ‘worker’ status The case of Nursing and Midwifery Council v Somerville involving a dispute over the minimum work requirements for the employment status of a ‘worker’ has recently…

Today new legislation and regulatory guidance has come into force enabling employers to digitally verify the identities of British and Irish citizens with valid passports for the purpose of ‘Right to Work’ checks. By…

The Government has published guidance on its strategy for “Living with Covid” and a timetable for removing restrictions in England. We consider the implications of those changes on Employers below. Summary of timetable for…

On 17 January the government published its guidance for employers on the checks they must carry out to ensure their employees have the right to work in the UK. This is the first such…

Last week, the High Court delivered a significant judgment, in which it granted an injunction to prevent Tesco from embarking upon a fire and rehire exercise. Background In 2007, Tesco restructured several of its…

In Tanveer v East London Bus and Coach Company Limited, the EAT has held that the “corresponding date” rule set down by the House of Lords (as it then was) in Dodds v Walker applies when calculating the extension of time given to a prospective Claimant under the early conciliation rules. On the facts of the case, where the Claimant received the certificate on the 30th June the extension of time under Section 207B (4) of the Employment Rights Act meant that the claim had to be presented by the 30th July. The chronology was as follows:-

Suspension of a professional without considering the evidence of wrongdoing, and alternatives to suspension, is likely to be unlawful, a top court has ruled.

Nottingham City Council faces a huge pay out to its staff after imposing an unlawful freeze on wages. The Court of Appeal ruled that the Council could not rely on the defence that the workers had implicitly agreed to a variation to their employment contract and waived any breach by continuing to work for two years after the pay freeze.

The General Data Protection Regulation (GDPR) and Data Protection Act 2018 have now been in force for over 2 months. Since the 25th May 2018, our employment and privacy teams have seen a large increase in the number of clients who are receiving subject access requests from both staff and customers.

Following a survey of 2,500 senior executives from across Britain, Spain, Italy and France, the Times has recently reported that one in four company directors has been subjected to at least one legal action from an employee, shareholder or regulator.

Just when we thought the law on holiday pay was settled, it has reared its head once again. The latest decisions by the European Court of Justice (ECJ) suggest that employers and HR professionals need to do more than put appropriate policies in place.

Since the introduction of the General Data Protection Regulations (GDPR) and Data Protection Act 2018, we have experienced a considerable rise in the number of Subject Access Requests (SAR) made to our employer clients. Requests can be burdensome, time-consuming and costly to deal with but there are some practical ways to minimise these problems.