Tribunals: Modernisation plan from 2019-20 to reform tribunals
In January 2019, Sir Ernest Ryder, Senior President of the Tribunals, published a report entitled ‘The Modernisation of Tribunals 2018’ setting out his proposed strategy for the reform of the whole tribunal system, including the immigration and employment tribunals. Following on from that, he has now published his …
Mental Health at Work: New CIPD report shows workers increasingly absent from work due to stress
The CIPD and Simplyhealth recently published the results of their nineteenth annual survey which shows that nearly two-fifths of UK businesses (37%) have seen an increase in stress-related absence over the last year. The survey is designed to explore the trends and practices in health, well- …
Equality: New GPG figures show gap is actually widening in favour of men
The deadline for large private sector organisations to publish their gender pay gap figures recently passed and it seems that producing this information is, so far, not having the desired effect. Nearly ten and a half thousand companies filed their data on time, but a worrying 45% of these show an increase in the gap …
What’s happening in the world of UK immigration from 29 March 2019?
SPEEDREAD: There will be a short extension to Brexit and from 29 March 2019, there are changes to the UK immigration system which affect UK employers who hold a Tier 2 sponsor licence.
For many months, we have known that Brexit will take place on 29 March 2019 as enshrined in the European Union (Withdrawal) Act 201 …
Employment Law Newsletter - March 2019
- TUPE: Dismissal due to difficult working relationship may be automatically unfair
- Contract: When 'Bad Leaver' provisions may be considered a penalty or an unlawful deduction from wages
- Employment Status: Is a quarterly 'exclusivity' payment evidence that an individual is an employee?
- Worker Status: Pimlico plumber ‘worker’ loses holiday pay claim
- Equality Act: Is it unfair to send woman on maternity leave an important email she cannot access?
- Contract: Suspending an employee does not always breach the implied term of trust and confidence
- Indirect Discrimination: Justification of rule more important than application of rule to individual
- Data Protection: ICO and Insolvency Service work together to disqualify directors in new record
- BREXIT: ICO website contains SME Brexit preparation tools
- Data Protection: Vote Leave Ltd fined £40,000 by ICO
- Immigration: Seasonal workers pilot opens
- Modern Slavery: Annual anti-slavery audit will result in naming and shaming the non-compliers
- Holiday Pay: BEIS publishes guidance and online calculator for workers without fixed hours/pay
- Wages: National Minimum Wage and National Living Wage set to increase from 1 April
TUPE: Can a dismissal due to difficult working relationship be automatically unfair?
In Hare Wines Ltd v Kaur  EWCA Civ 216 the question before the Court of Appeal was whether the Claimant’s dismissal for purely ‘personal reasons’, was a sufficient reason to prevent the dismissal from being automatically unfair as it related to a TUPE transfer. In this case, Mrs …
Contract: When 'Bad Leaver' provisions may be considered a penalty or an unlawful deduction from wages
In Nosworthy v Instinctif Partners Ltd UKEAT/0100/18, Miss Nosworthy had entered in to a Share Purchase Agreement and Articles of Association with the company, which contained some common bad leaver conditions. The conditions meant that a shareholder who is also an employee who voluntarily …
Employment Status: Is a quarterly 'exclusivity' payment evidence that an individual is an employee?
In Exmoor Ales Ltd & Another v Herriot UKEAT/0075/18/RN the EAT Mrs Herriot had provided accountancy services for Exmoor Ales , a brewery, for nearly three decades, submitting invoices from her partnership. Since 2011, the brewery had paid her £1,000 each quarter, which Mrs …
Worker Status: Pimlico plumber ‘worker’ loses holiday pay claim
Last year the Supreme Court ruled in Pimlico Plumbers Ltd & Another v Smith that the plumbers had been employed by Pimlico Plumbers as workers rather than being hired as independent contractors. As workers, this meant they were entitled to some basic employment rights such as the right to be paid the …
Equality Act: Is it unfair to send woman on maternity leave an important email she cannot access?
In South West Yorkshire Partnership NHS Foundation Trust v Jackson UKEAT/0090/18/BA the claimant was on maternity leave when she became part of a number of staff at risk of redundancy who were then sent an email by the HR department to their work email addresses, which the claimant could not …
Contract: Suspending an employee does not always breach the implied term of trust and confidence
In The Mayor and Burgesses of the London Borough of Lambeth v Agoreyo  EWCA Civ 322 a primary school teacher was accused of using excessive force with two pupils with special educational needs, and suspended pending investigation as a result. The teacher, Ms Agoreyo, resigned the same day. …
Indirect Discrimination: Justification of rule more important than application of rule to individual
In The City of Oxford Bus Services Limited t/a Oxford Bus Company v Harvey UKEAT/0171/18/JOJ a bus company had instituted a rule in the rostering system that bus drivers had to work 5 out of 7 days, including Saturdays or Sundays. Mr Harvey was a Seventh Day Adventist who asked not to work …
Data Protection: ICO and Insolvency Service work together to disqualify directors in new record
The Information Commissioner’s Office (ICO) has carried out investigations into nuisance marketing which, by working with the Insolvency Service, has led to 16 company directors being banned from running a company for more than 100 years in total. One of the worst offenders was Richard …
BREXIT: ICO website contains SME Brexit preparation tools
Who knows what the next few weeks have in store, but that’s not very helpful for businesses. Whilst most businesses may well be more prepared than the government, the ICO has produced guidance and practical tools to help organisations prepare in terms of their data, including:
1. Six steps for data compliance …
Data Protection: Vote Leave Ltd fined £40,000 by ICO
Vote Leave Limited has recently been fined £40,000 by the Information Commissioner’s Office (ICO) for sending out thousands of unsolicited text messages in the run up to the 2016 EU referendum. An ICO investigation found that Vote Leave sent 196,154 text messages promoting the aims of the Leave campaign with the majority …
Immigration: Seasonal workers pilot opens
In September 2018, the Home Secretary and Environment Secretary announced that, having listened to farmers, they were introducing a nationwide pilot scheme seasonal workers to bring seasonal migrant workers to UK farms. The pilot opened on 6 March meaning that UK fruit and vegetable farmers will be able to employ migrant workers for seasonal work …
Modern Slavery: Annual anti-slavery audit will result in naming and shaming the non-compliers
In October 2018, the Home Office was moved to action following pressure from numerous groups frustrated by what they see as ‘blatant compliance failures’. It began with the Home Office writing directly to the chief executives of 17,000 businesses telling them to open up about modern slavery …
Holiday Pay: BEIS publishes guidance and online calculator for workers without fixed hours/pay
The Department for Business, Energy and Industrial Strategy (BEIS) has published guidance and an online calculator on how to calculate holiday pay for workers whose hours or pay are not fixed. This guidance is intended to help employers pay the correct amount of holiday pay for all their …
Wages: National Minimum Wage and National Living Wage set to increase from 1 April
In the Budget 2018, in response to the Low Pay Commission’s recommendations the Chancellor, Philip Hammond, announced new National Minimum/Living Wage increases from 1 April 2019 as follows:
from £7.83 to £8.21 for workers aged 25 and over (the National Living Wage)
from £7.38 to & …
Reforms to UK investor visa category and new entrepreneur visa routes
SPEEDREAD: From 29 March 2019 there will be significant changes to Tier 1 immigration categories for new applicants. This Information Note contains details of the key changes, including which visa routes will be closed and when.
On 7 March 2019, the Home Secretary laid Statement of Changes to the UK Immigration Rules before …
So you want to recruit international talent?
SPEEDREAD: In this article we look generally at when UK employers do and don’t need to have a sponsor licence to recruit someone, and we also give an overview on how a UK employer applies for a sponsor licence which might be necessary for example in a TUPE situation.
In Surrey there were approximately 1.3% employers holding a sponsor …
Employment Law Newsletter – February 2019
- Equal Pay: Female retail staff can compare themselves to male distribution workers
- Direct Discrimination: Claimant must provide sufficient evidence to make out case
- Dismissal: Contractual duty of confidentiality
- Tribunals: The principle of open justice versus the individual’s right to privacy
- Working Time Directive: AG says national law must require employers keep records of actual time worked by workers
- ACAS: New Age Discrimination Guidance
- Pregnancy and maternity discrimination: Consultation on proposals to extend redundancy protection for women and new parents
- Gender Pay Gap: GEO publish research on outcome of 2018 Gender Pay Gap reporting
- Information Commissioner: Recent enforcement action and warning for directors
Equal Pay: Female retail staff can compare themselves to male distribution workers
In our January round-up we reported that the decision in the case of Asda Stores Ltd v Brierley and others  EWCA Civ 44 that was heard in the Court of Appeal in October was awaited. The judgement was published on 31 January 2019 and the Court upheld the prior decisions of the employment tribunal and the …
Direct Discrimination: Claimant must provide sufficient evidence to make out case
In Efobi v Royal Mail Group Ltd  EWCA Civ 18 Mr Efobi was a black Nigerian who, although employed as a postman by Royal Mail, failed to secure a different role in management or IT, despite many attempts and his graduate and post-graduate qualifications in Information Systems and Forensic Accounting. …
Dismissal: Contractual duty of confidentiality
Large law firm, Linklaters, has just won an interim injunction against their former Director of Business Development and Marketing (Linklaters LLP v Mellish  EWHC 177 (QB)). In June 2018, Mr Mellish was given 6 months’ notice to terminate his contract and the firm confirmed he would be paid his contractual entitlements and a …