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Charles Pigott
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On 19 March, the Presidents of the employment tribunals in England and Wales and Scotland directed that all hearings listed to start by 26 June should be converted to case management hearings by telephone or “other electronic means”. The resulting uncertainty for tribunal users has now been alleviated by the... Continue reading
Posted 12 hours ago at Mills & Reeve: HR Law Live
New emergency regulations came into force on 26 March, which relax the normal rules on the carrying over of annual leave. Workers will now be able to carry over up to 4 weeks’ annual leave into the next two leave years if they are not able to take it because... Continue reading
Posted 3 days ago at Mills & Reeve: HR Law Live
The Home Office is continuing to issue further guidance on the impact of the coronavirus (COVID-19) on immigration requirements. Key recent developments include: Right to work checks – as expected, the Home Office has relaxed the requirements associated with conducting checks. As of 30 March 2020 (and on a temporary... Continue reading
Posted 4 days ago at Mills & Reeve: HR Law Live
A few weeks ago we reported on a number of changes that were due to come in on 6 April 2020. Since then, the country’s priorities have changed drastically, with the outbreak of COVID-19. As a result, the extension of the off-payroll working rules (IR35) to all medium and large... Continue reading
Posted Mar 27, 2020 at Mills & Reeve: HR Law Live
The Coronavirus Act 2020 came into force on 25 March 2020. The Act makes changes to existing legislation to allow public bodies UK-wide to respond effectively to the COVID-19 outbreak. The measures are temporary and will only be in place for as long as required to respond to the situation.... Continue reading
Posted Mar 26, 2020 at Mills & Reeve: HR Law Live
The novel coronavirus (COVID-19) has had a significant impact on UK immigration services and compliance issues. Key developments include: Sponsored worker absences - absences for COVID-19 reasons (eg, quarantine, or caught by travel restrictions) need not be reported in the usual way, provided that they are authorised by the sponsor.... Continue reading
Posted Mar 23, 2020 at Mills & Reeve: HR Law Live
Supreme Court grants permission to appeal in voluntary overtime case Last week the Supreme Court gave the East of England Ambulance Service NHS Trust permission to appeal from the Court of Appeal’s ruling that voluntary overtime needed to be included in the calculation of holiday pay for its workers. Last... Continue reading
Posted Mar 17, 2020 at Mills & Reeve: HR Law Live
A number of changes are coming in on 6 April 2020, which have been in the pipeline for some time. Good work plan The first set of changes implement parts of the Government’s Good Work Plan of 2018, which came out of the Taylor Review. In summary: Extended right to... Continue reading
Posted Mar 3, 2020 at Mills & Reeve: HR Law Live
The Government has released a Policy Statement containing details about the new points-based immigration system which will come into force on 1 January 2021. The proposals build largely on the recent recommendations of the Migration Advisory Committee, which we considered here, and provide for a unified set of rules to... Continue reading
Posted Feb 24, 2020 at Mills & Reeve: HR Law Live
The Employment Appeal Tribunal has ruled that an investigator’s failure to pass on important new information to the dismissing officer made a dismissal for misconduct unfair. The case involved an alleged sexual assault by the claimant on another member of staff. It had taken place in a toilet at a... Continue reading
Posted Feb 24, 2020 at Mills & Reeve: HR Law Live
Government medical advice is that normal seasonal flu currently represents a considerably greater medical risk than the novel coronavirus (2019-nCoV). But as the Government has now taken emergency powers to help prevent the new virus becoming established in the UK, it is not too soon for employers to start thinking... Continue reading
Posted Feb 13, 2020 at Mills & Reeve: HR Law Live
The Government has said that a new immigration system will be ready in January 2021, following the end of the current transitional period negotiated with the EU. Will it just be a matter of extending the existing arrangements for non-EU nationals to all migrants? Or will the Government be able... Continue reading
Posted Feb 6, 2020 at Mills & Reeve: HR Law Live
Thanks to the ratification of the EU Withdrawal Agreement, we are now starting the 11 month transitional period, during which the UK remains subject to EU law without being a member state. What is that likely to mean for UK employment law? Although there are no employment directives due to... Continue reading
Posted Feb 4, 2020 at Mills & Reeve: HR Law Live
Earlier this month an employment tribunal upheld Samira Ahmed’s equal pay claim, based on a comparison of her pay with that of Jeremy Vine. Although the context was the relatively rarefied world of on-air talent at the BBC, employers of all types can draw lessons from this dispute. As the... Continue reading
Posted Jan 22, 2020 at Mills & Reeve: HR Law Live
As we start the New Year, we have put together our take on the most important developments of 2019 which are likely to be of continued significance as we move into a new decade. Among other things, we explain why the current confusion over employment status is likely to continue,... Continue reading
Posted Jan 14, 2020 at Mills & Reeve: HR Law Live
Last week’s employment tribunal ruling that Jordi Casamitjana’s belief in ethical veganism was protected under the Equality Act was not surprising to legal experts – so why was it so widely reported as a “landmark” case? The answer may lie in the broader context. On the same day that the... Continue reading
Posted Jan 6, 2020 at Mills & Reeve: HR Law Live
If Employment Judge Joffe is correct, our current approach to the Transfer of Undertakings Regulations needs a complete re-think. She decided last week that three cycle couriers who had been engaged as non-employee workers were in principle entitled to invoke the protection of TUPE. This decision, if confirmed on appeal,... Continue reading
Posted Dec 5, 2019 at Mills & Reeve: HR Law Live
What is the correct legal approach to an unfair dismissal claim if the decision-maker is manipulated by another member of staff with a malign motive? The Supreme Court has now ruled that in these unusual circumstances, the reason for the dismissal is taken to be that of the Iago-like manipulator,... Continue reading
Posted Nov 28, 2019 at Mills & Reeve: HR Law Live
The Employment Appeal Tribunal has confirmed that a NHS Trust was in breach of its duty to make reasonable adjustments when it failed to adjust its sickness absence management policy for an employee suffering from chronic fatigue syndrome. The Trust’s policy had four incremental stages, in each case triggered by... Continue reading
Posted Nov 25, 2019 at Mills & Reeve: HR Law Live
The Grand Chamber of the European Court of Human Rights has ruled that the use of covertly obtained CCTV footage to dismiss a group of Spanish employees for theft had not infringed Article 8 (the right to a private life) or Article 6 (the right to a fair trial). In... Continue reading
Posted Nov 18, 2019 at Mills & Reeve: HR Law Live
The Employment Appeal Tribunal has overturned an employment tribunal costs order, made mainly because the claimant had turned down two offers of settlement. It has also said that an offer to pay £500 for legal advice on the first of these offers was “wholly unrealistic”. We will come back to... Continue reading
Posted Nov 14, 2019 at Mills & Reeve: HR Law Live
The Supreme Court has decided that judges are protected against being victimised for whistleblowing, despite the fact that at first sight they do not fall within the scope of the relevant legislation. It is hard to predict how widely this ruling will be applied, but it has the potential to... Continue reading
Posted Oct 23, 2019 at Mills & Reeve: HR Law Live
Dr Mackereth, a Christian doctor who had worked as a Health and Disabilities Assessor, has lost his claim for religious discrimination against the Department for Health and Pensions. The lengthy employment tribunal judgment provides an instructive example of the difficulties employers can face when implementing diversity and inclusion policies in... Continue reading
Posted Oct 17, 2019 at Mills & Reeve: HR Law Live
The role of the in-house lawyer took centre stage in a recent EAT decision involving the dismissal of an academic. The key issue was whether the removal of some wording in the investigation report on her advice, which had expressed an opinion favourable to the academic, had resulted in his... Continue reading
Posted Oct 9, 2019 at Mills & Reeve: HR Law Live
Amid all the distractions of Brexit, the party conference season has presented an opportunity to assess the employment policies of the main political parties as we approach the next general election. Although there were a number of other announcements (notably Labour’s proposals to enhance workplace rights for women experiencing the... Continue reading
Posted Oct 8, 2019 at Mills & Reeve: HR Law Live