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Employment - Legal Updates

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Feb
09
2017

Trade union rep potentially fairly dismissed for not so picture perfect activities
#Employment

In the case of Metroline RATPDEV Ltd v Morris, the EAT held the Claimant’s activities of storing, using or disseminating confidential information did not amount to ‘trade union activities’ and did not, therefore, attract the protection of automatic unfair dismissal....

Feb
07
2017

In good faith? Refusal of holiday for employee wanting to attend religious festivals was not discrimination
#Employment

It is accepted that attendance at religious festivals can constitute a manifestation of religious belief giving rise to indirect discrimination claims, however, the EAT in Gareddu v London Underground Ltd held that the employee’s request must be genuine....

Feb
06
2017

Gross negligence can constitute gross misconduct
#Employment

Clarkslegal - Specialist employment law solicitors, Reading, London and throughout the Thames Valley...

Feb
06
2017
Feb
02
2017

Brexit White Paper – what the Government says about immigration
#Immigration #Employment

Government's Brexit white paper lays out 12 principles...

Feb
02
2017

Stronger workplace protection for new and expectant mothers on the horizon?
#Employment

Clarkslegal specialist employment lawyers in London, Reading and throughout the Thames Valley...

Feb
02
2017

Government publishes guidance on apprenticeship funding
#Employment

We reported last year (Apprenticeship levy update) on the government’s plans to introduce an apprenticeship levy of 0.5% for all employers with a total annual payroll bill in excess of £3m. The start date for the new scheme, (6 April 2017), is almost upon us which has prompted the government to publish guidance on how the levy will actually work in practice. ...

Feb
02
2017

Redundancy shortly after TUPE was for an ETO reason
#Employment

In Davies v Droylsden Academy, the claimant was a lettings manager at a company which provided property services to Droylsden Academy. ...

Feb
01
2017

Forgiven Not Forgotten? Fair dismissal despite employer’s reliance on expired warning
#Employment

In Stratford v Auto Trail VR Ltd the EAT found a dismissal to be fair despite the employer’s reliance on earlier expired warnings....

Jan
31
2017

Can directors be disqualified for employing illegal workers?
#Immigration #Employment #Outsourcing & Supply Chain #Directors' Duties

The Immigration, Asylum & Nationality Act 2006 (“IANA 2006”), makes employers responsible for preventing illegal working in the UK. Section 35 of the Immigration Act 2016 allows the Home Office to commence criminal proceedings against employers who know or have reasonable cause to believe that they are employing someone illegally....

Jan
30
2017

Rostering is part of statutory negotiations with a trade union
#Employment

Recognition of Trade unions in the workplace ...

Jan
27
2017

Overseas Domestic Worker visa – a route which tolerates abuse and slavery?
#Immigration #Employment #Private Client

Migrant domestic workers are vulnerable to trafficking, exploitation, and abuse. ...

Jan
20
2017

Bus company’s policy breached duty to make reasonable adjustments
#Employment

In the recent Supreme Court decision, First Group Plc v Paulley, a bus company was held to have failed in its duty, as a public service provider, to make reasonable adjustments when it requested that a non-disabled person vacate a designated wheelchair space but did not take steps to enforce this when she refused to move....

Jan
19
2017

Could Type 2 diabetes be a disability under the Equality Act 2010?
#Employment

Under the Equality Act 2010, a person with a progressive condition (such as Type 2 Diabetes) has a disability if they “have a physical or mental impairment” which “has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities... as a result of the condition.”...

Jan
19
2017

Mobility clauses made to move aside
#Employment

In the recent EAT case Kellogg Brown & Root (UK) Ltd (KBR) v Fitton & Anor, the Claimants’ employment contracts contained a broad mobility clause requiring them to relocate, if required, within the UK or elsewhere. KBR’s disciplinary procedure considered a refusal to comply with reasonable instructions, such as the mobility clause, an example of misconduct. ...

Jan
17
2017

Clarkslegal advises Meridian Leisure Hotels on its latest acquisition of an internationally branded hotel
#Commercial #Corporate #Employment

News - Clarkslegal corporate team have advised successfully MLH in latest acquisition...

Jan
17
2017

What Employers need to know about Biometric Residence Permits
#Immigration #Employment

Valuable advice for employers on Biometric Residence Rermits and why you and HR must be familiar with these documents....

Jan
13
2017

Another “Spoke in the Wheel” of the Gig Economy? Tribunal finds bike courier to be worker
#Employment

Following in the tracks of the recent “Uber” case, in Dewhurst v Citysprint UK Ltd a cycle courier has been found to be a worker and not self- employed as the employer claimed. ...

Jan
12
2017

Plot twist: dismissal for showing 18-rated film to 15-16 year olds was disability discrimination
#Employment

The case of City of York Council v Grosset concerned a teacher who had cystic fibrosis. The Claimant complained to the head teacher that his workload was unmanageable but no action was taken to try and reduce the Claimant’s workload....

Jan
06
2017

Can a temporary injury be a disability?
#Employment

The Spanish courts recently asked the European Court of Justice for guidance on whether an employee with a dislocated elbow could be classed as disabled, even though his injury was only temporary. Although this case was brought in the Spanish courts, the European Court’s decision is equally relevant to us here in the UK as our disability discrimination law is governed by the same overarching principles contained in the European Equal Treatment Directive....

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