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Charles Pigott
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The Government has now published updated guidance on transitional arrangements for EU nationals that will apply in the event of a ‘no-deal’ exit from the EU. The key points for employers and staff to be aware of are as follows: EU Settlement Scheme - EU nationals who are resident in... Continue reading
Posted 5 days ago at Mills & Reeve: HR Law Live
Following recent appointments and promotions Mills & Reeve’s national Employment, Pensions and Immigration practice now comprises over 50 lawyers and support staff spread across the country. Highlights of the past year include: the promotion of Melanie James and Andrew Secker to the partnership, taking the total number of partners to... Continue reading
Posted 5 days ago at Mills & Reeve: HR Law Live
The Government has recently confirmed that in a ‘no-deal’ Brexit scenario free movement will end on 31 October 2019. This is a statement of fact. However, the Government has also indicated that the ‘no-deal’ transitional provisions proposed by the May Government for EU nationals entering the UK from 1 November... Continue reading
Posted Aug 22, 2019 at Mills & Reeve: HR Law Live
The Employment Appeal Tribunal has confirmed that an employer was not vicariously liable for the actions of one of its employees when she made a racially offensive posting on her private Facebook page. That was because, even it had amounted to racial harassment of a colleague who was subsequently shown... Continue reading
Posted Aug 12, 2019 at Mills & Reeve: HR Law Live
The Court of Appeal has added an important caveat to the well-known rule of thumb for calculating holiday pay for casual workers. In Tuesday’s ruling it said that the most commonly used calculation – which takes holiday pay as payable at the rate of 12.07% of the amount earned –... Continue reading
Posted Aug 8, 2019 at Mills & Reeve: HR Law Live
Five new employment law consultations were published in July, as well as two responses to consultation. They can all be linked two overlapping themes which were priorities during Theresa May’s tenure at number 10: promoting “good work” and tackling gender inequality in the workplace. Good Work Three of the consultations... Continue reading
Posted Jul 31, 2019 at Mills & Reeve: HR Law Live
Over the past few days the Government has launched three new consultations which will run over the summer. First came the Consultation on Sexual Harassment in the Workplace, launched by the Government Equalities Office on 11 July. This was followed on 15 July by Health is Everyone's Business, which explores... Continue reading
Posted Jul 17, 2019 at Mills & Reeve: HR Law Live
Last week’s decision from the Employment Appeal Tribunal gives some useful guidance about the rights and wrongs of recording workplace meetings. The EAT said that it was good practice to say if there is any intention to record a meeting “save in the most pressing of circumstances”. An employee’s failure... Continue reading
Posted Jul 11, 2019 at Mills & Reeve: HR Law Live
The Supreme Court has reversed the Court of Appeal and decided that two words could be removed from a non-compete clause to make in enforceable. This is the first case of this nature to have reached our top Court for 100 years or so. It has therefore taken the opportunity... Continue reading
Posted Jul 10, 2019 at Mills & Reeve: HR Law Live
The Court of Appeal has decided that our trade union legislation does not prohibit an employer appealing directly to its workforce on a single occasion about a change to a particular contractual term, provided that it is willing to continue to negotiate with the union in relation to that term... Continue reading
Posted Jun 24, 2019 at Mills & Reeve: HR Law Live
Last month’s High Court decision about the ownership of web authentication software provides a useful illustration how to apply the law about the ownership of employee inventions. The Patents Act says that an invention will belong to the employer it was made “in the course of the normal duties of... Continue reading
Posted Jun 20, 2019 at Mills & Reeve: HR Law Live
The Court of Appeal has today dismissed an appeal by the East of England Ambulance Service NHS Trust and ruled that regularly worked voluntary overtime should be reflected in the calculation of its workers’ holiday pay. The Ambulance Trust has applied for permission to appeal to the Supreme Court. In... Continue reading
Posted Jun 10, 2019 at Mills & Reeve: HR Law Live
Last month’s decision from the Court of Appeal should dispel any remaining doubts about whether employers are legally required to pay fathers taking shared parental leave as generously as mothers on maternity leave. In two related appeals from last year’s decisions in the Employment Appeal Tribunal, the Court of Appeal... Continue reading
Posted Jun 4, 2019 at Mills & Reeve: HR Law Live
The European Court of Justice has ruled that there is an EU-wide requirement under the Working Time Directive for employers to maintain an “objective, reliable and accessible system” to measure working time, including normal working time and daily and weekly rest breaks. It has said the Spanish labour law was... Continue reading
Posted May 22, 2019 at Mills & Reeve: HR Law Live
In a recent decision involving a warehouse worker in Rotherham, the EAT has set an important limit on the extent of an employer’s liability for disability discrimination. It has ruled that the worker’s mistaken belief that a move to a different part of the warehouse would damage her heath did... Continue reading
Posted May 7, 2019 at Mills & Reeve: HR Law Live
The High Court has ruled out the possibility of the University of London being compelled to recognise a union representing a group of outsourced workers performing services at its premises. Mills & Reeve (David Faulkner) represented the University in these proceedings. The conclusion that the compulsory union recognition procedures could... Continue reading
Posted May 1, 2019 at Mills & Reeve: HR Law Live
We’ve recently posted two articles about the risks of making the wrong call about an individual’s employment status and the new developments employers should be looking out for on that front. In April next year, new rules on personal service companies will increase the tax risks businesses are exposed to... Continue reading
Posted Apr 25, 2019 at Mills & Reeve: HR Law Live
The Employment Appeal Tribunal has upheld a tribunal’s ruling that serious shortcomings in the way disciplinary proceedings were handled supported an inference of direct discrimination because of sexual orientation. The claimant was an openly gay head teacher of a primary school. In August 2015 he met two young men of... Continue reading
Posted Apr 10, 2019 at Mills & Reeve: HR Law Live
In an appeal in which Mills & Reeve has been representing the employer, the Court of Appeal has given some helpful clarification about when internal disciplinary proceedings should be postponed where there is a parallel criminal investigation. It has said that in most cases an employer will be contractually entitled... Continue reading
Posted Mar 29, 2019 at Mills & Reeve: HR Law Live
With UK workers living and working longer, we are beginning to see many looking for a new type of retirement. According to a recent survey of workers aged 50 or over, half wanted to gradually wind down to retirement. The survey found 70 per cent of respondents said they wanted... Continue reading
Posted Mar 27, 2019 at Mills & Reeve: HR Law Live
The Government has promised on a number of occasions to “not only protect but to enhance workers’ rights” after Brexit. Last week, it published some draft clauses which set out exactly what rights it is talking about and what degree of protection it aims to give. The Government plans to... Continue reading
Posted Mar 13, 2019 at Mills & Reeve: HR Law Live
In the run-up to the expiry of its Article 50 notice on 29 March, the Government has recently explained the arrangements for EU citizens travelling to the UK after that date, in the event of a no-deal Brexit. It plans to plug the gap between the end of freedom of... Continue reading
Posted Mar 11, 2019 at Mills & Reeve: HR Law Live
The Court of Appeal has confirmed that a decision to suspend must have a “reasonable and proper basis” if an employer is to avoid liability for breach of contract. This will be a matter for the trial judge to assess, and an appellate court should be slow to interfere with... Continue reading
Posted Mar 6, 2019 at Mills & Reeve: HR Law Live
Here is a quick reminder of the legal changes happening next month which are most likely to affect employers and HR practitioners. These changes will take effect on 6 April 2019 unless otherwise stated. New NMW rates: The top rate of the National Minimum Wage (also known as the National... Continue reading
Posted Mar 5, 2019 at Mills & Reeve: HR Law Live
Two important changes in relation to employers’ obligations to provide itemised pay statements take effect on 6 April. Itemised pay statements must be provided to all workers Employers will have an obligation to provide itemised pay statements to every worker they engage, not just those regarded as employees as is... Continue reading
Posted Feb 26, 2019 at Mills & Reeve: HR Law Live