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  • 04 December 2019
  • Privacy and Data Protection

GDPR Fines Across the EU

The GDPR increased the fines available to EU supervisory authorities for breaches of data protection requirements. Now, as we celebrate the GDPR’s 18-month birthday, it’s a good opportunity to take a look at some of the largest fines imposed to date and where in the EU we are seeing these.
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  • 29 November 2019
  • Employment

IR35 changes: HMRC ups its game

As businesses continue to prepare for the impact of the April 2020 changes to IR35 and the private sector, it is important to be aware that this week the government has launched an update to its online check employment status for tax (CEST) tool.
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  • 28 November 2019
  • Employment

Employment Tribunal decides that TUPE applies to ‘workers’ not just employees

Under TUPE, individuals who are ‘employed’ by the transferor and assigned to the organised grouping of resources or employees that is subject to the relevant transfer (whose contracts would otherwise be terminated by the transfer) will transfer to the transferee.

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  • 28 November 2019
  • Employment

Landmark Supreme Court judgment extending whistleblowing protection

The Supreme Court, in Jhuti v Royal Mail, has reversed the Court of Appeal’s decision and held that an employee was unfairly dismissed for making a protected disclosure despite the fact that the decision-maker was unaware of the disclosure.

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  • 28 November 2019
  • Immigration

EU net migration plummets to its lowest level since 2003: ONS

The latest report from the Office of National Statistics (ONS) states that net migration from the EU is now at 48,000 for the year ending September 2019. This figure peaked in 2015, when it was at 219,000.
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  • 22 November 2019
  • Employment

Global labour standards will have a bigger impact on the UK, whatever the outcome of the election

the Labour Party has set out a radical manifesto for the future of UK employment law and there has been a lot of focus on the changes to laws affecting trade unions. It is worth picking up on further comments by the shadow chancellor today. When he was put on the spot regarding Labour’s position on secondary picketing, he refused to be pinned down but did state: “We will make sure that people have the right, as in the ILO conventions to withdraw their labour.”
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  • 22 November 2019
  • Employment

Unfair dismissal due to trade union activities

In the recent case of Cadent Gas Ltd v Singh the Employment Appeal Tribunal (EAT) has upheld a tribunal decision that an employee was automatically unfairly dismissed because of his trade union activities despite the fact that the disciplinary and appeal officers were not motivated by his union activities.
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  • 20 November 2019
  • Immigration

NHS Visas

In response to the fears of a very strained health service following Brexit, Boris Johnson has introduced the new NHS visa to allow easier recruitment of overseas doctors and nurses. The cost of the visa will be reduced to £464 which is half the usual fee of £928.
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  • 15 November 2019
  • Employment

Changing reasonable adjustments could be discriminatory

Employers should be aware that changing or removing adjustments for a disabled employee could amount to a failure to make reasonable adjustments, even if they are replaced with other adjustments.
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  • 08 November 2019
  • Employment

Restrictive Covenants – What’s happened in 2019

There have been some cases in 2019 which have offered employers guidance on restrictive covenants and demonstrated how important it is for employers to review such restrictions carefully.
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  • 08 November 2019
  • Employment

How employers should manage workplace romances

It is reported that over 50% of people have engaged in a workplace romance at some time in their career. Following the rise of the #MeToo movement it is fundamental that employers are aware of how to manage romantic relationships between colleagues and that training is provided to ensure compliance with workplace policies.The Chief Executive (“CE”) of McDonalds has this week been fired following a romantic relationship with a fellow employee. Despite the fact that the fast food giant acknowledged that the relationship was consensual, the CE was dismissed as he had violated company policy by engaging in the...
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  • 08 November 2019
  • Employment

Capita not liable to compensate for employee’s racist comments

Employers can be held legally responsible (vicariously liable) for the discriminatory actions of their employees which have taken place in the course of employment. To avoid being held liable, an employer would have to show that it took all reasonable steps to prevent the discriminatory actions from occurring. This is exactly what Capita managed to do in a recent racial harassment case, brought against both Capita and one of Capita’s operations managers.
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