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Employment

Holiday pay – finality

The Supreme Court has refused to hear an appeal in the long-running Lock holiday pay litigation.

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Immigration – skills charge

Introduced in April 2017, the immigration skills charge will significantly increase the fees paid by employers when sponsoring skilled migrants. For Tier 2 migrants, employers will pay £1,000 pa (eg a five-year visa is £5,000). Reduced charges will apply to small companies and charities. The charge will not apply to Tier 2 migrants who are sponsored before 6 April 2017 and who are simply applying to extend their stay in the UK.

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Dress code – religious and political

The ECJ has given guidance on the extent to which dress codes (whether formal or informal) can be imposed on those who want to wear religious or political signs. In essence, the guidance from the ECJ is that it will be potentially indirect discrimination unless the employer can objectively justify the dress code. That therefore means the employer must show a legitimate aim (eg showing neutrality to customers and clients), and demonstrate that their way of achieving that aim is both appropriate and proportionate.

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Gig economy – worker?

The Pimlico Plumbers case is the third well-publicised decision on the use of ‘self-employed’ workers by substantial businesses. As is well known, it has been decided in all three instances that these freelance operators were, in fact, ‘workers’. As such, they get some statutory protection – in particular, holiday pay, rest breaks, national minimum wage and disability protection. Since they are not ‘employees’ they cannot, however, claim for unfair dismissal or redundancy.

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Tribunals – online

At long last, employment tribunal decisions are going online. The new database includes some judgments dating back to 2015 and 2016, but it is understood that all new decisions will be added to the database. www.gov.uk/employment-tribunal-decisions.

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Apprenticeship – levy

A reminder that the apprenticeship levy comes into force on 6 April 2017. All UK employers with an annual wage bill of £3m or more will pay a levy of 0.5% of the annual wage bill. Each employee will receive an allowance of £15,000pa to off-set against the levy. Slightly different rules apply in Wales.

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Gross misconduct – gross negligence?

Gross misconduct justifies summary dismissal. Normally this will cover acts of intentional misconduct – but can it also include acts or omissions of gross negligence (ie when misconduct is unintentional)? The answer is that it can, but such cases will be rare.

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Redundancy – mobility clause

An employer can rely on an express contractual mobility clause to move an employee to a different workplace, rather than make that employee redundant. But, it would be unfair to dismiss the employee if they refused to move, if the employer exercises that mobility clause unreasonably (or if the employee’s refusal to move is reasonable).

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Financial services – references

Traditionally, references are vague and confined to straightforward facts, so as to avoid any possibility of a misrepresentation claim by the ex-employee.

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Redundancy – no consultation

  It is well established that an employer must consult on redundancy.

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Page 7 of 54

Most-read articles

IHT – personal representatives’ liability
Thursday, 14 June 2018
PRs are personally liable for paying IHT on an estate, even where the beneficiaries undertake to pay it themselves but do not do so, the court has confirmed. Read more...
Courts – reductions
Thursday, 14 June 2018
The government has announced that it will reduce court staffing numbers from 16,500 to 10,000 by 2022. Read more...
Part 36 – strict compliance
Thursday, 14 June 2018
Part 36 is a ‘self-contained procedural code’ (CPR 36.1). Being ‘self-contained’, this means that no other rules can be imported. Read more...
Damages – lost years
Thursday, 14 June 2018
A ‘lost years’ claim is for the loss of earnings in the years when the claimant will be dead (but would have been alive but for the defendant’s actions). Read more...
Assured shortholds – requirements
Thursday, 14 June 2018
A summary of the requirements for new lets of residential properties: Read more...
Rent reviews – which index?
Thursday, 14 June 2018
Rent under a lease may well be indexed – in which case, it is likely to be by reference to the retail price index (RPI). Read more...
Japanese knotweed – the cases
Thursday, 14 June 2018
Japanese knotweed is virtually irremovable; only the strongest chemicals will work against it, and simply digging out the roots is not sufficient. Read more...
Financial orders – future earning capacity
Thursday, 14 June 2018
H’s future earning capacity was not a matrimonial asset for the purposes of a financial settlement, the Court of Appeal has ruled. Read more...
Notice – start date?
Thursday, 14 June 2018
Suppose an employee is sent a letter of dismissal by post. The letter is delivered, but the employee is on holiday and says she did not read it until a later date. Read more...
Sentencing – hospital orders; hybrid orders
Thursday, 14 June 2018
In this article, the author (who represented the appellant) considers the making of hospital orders in criminal proceedings, and the use of hybrid orders, following a Court of Appeal ruling. Read more...

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