Tier 2 Restricted Certificates of Sponsorship (CoS), which employers use to employ non-EU/EEA nationals in the UK, are scarce.
Tier 2 Restricted Certificates of Sponsorship – Quota hit
An Order for an amendment to the Employment Rights Act 1996 (ERA) has now been made. The Order will grant every worker the right to an itemised pay statement from 6 April 2019.
All workers to benefit from the right to an itemized payslip
When the Supreme Court reached its landmark decision on the legality of employment tribunal (ET) fees last summer (we previously blogged about this here) the court reviewed the evidence regarding the effect of fees on ET claims and noted there had been "a dramatic and persistent fall in the number of claims" since fees were controversially introduced in 2013.
Employment tribunal fees – what does the future hold for employment tribunals?
We have previously blogged on whether the levy, now having been in force for a year, has worked. Our view is that it has not been as successful as it could have been – to read more, please click here.
Business schools and the new apprenticeship levy
As the gig economy has grown and developed, so too has the law relating to so-called "gig workers" and how their employment status should be regarded. As we have reported previously, in November last year, the Employment Appeal Tribunal (EAT) rejected app-based taxi firm Uber's appeal against the Employment Tribunal's (ET) earlier decision that its drivers should be categorised as workers rather than self-employed contractors.
The gig economy – focus on the future
Nathalie Dauriac, a former financial adviser and business partner to the billionaire Phones 4u founder, John Caudwell, has been awarded nearly £500,000 in damages after a court found she was constructively dismissed despite allegedly dishonestly claiming £30,000 in expenses.
Employee found to have been constructively dismissed despite dishonestly claiming £30,000 in expenses
This time last year zero hours contracts were in the news because the fast food giant McDonald's offered employment contracts containing fixed hours to its 115,000 employees employed under zero hours contracts. We have previously blogged on this and our articles can be found here and here.
Zero hours contracts on the rise
The Equality and Human Rights Commission (EHRC) has written to the Government informing it that in June it will be commencing the first of its gender pay gap investigations into employers who have failed to comply with their gender pay gap (GPG) reporting obligations. The announcement should not come as a surprise as the EHRC issued a warning prior to 4 April 2018 deadline that any companies which failed to comply with their reporting obligations could face enforcement action in the form of a fine or an investigation.
EHRC gender pay gap investigations
Updated DBS guidance for employers
The Home Office and the Disclosure and Barring Service have updated their guidance for employers on requesting DBS checks for potential employees. The updated guidance includes some useful information on how employers, who might rely on a previously issued DBS check, can spot a counterfeit document. It also gives guidance on the DBS’s online application form for basic checks, which was introduced back in January. To view the new guidance, please click here.
Updated DBS guidance for employers
It is a common misconception amongst employers that notice of dismissal (or in cases where no notice is given, dismissal itself) will take effect on the date the employer writes to the employee to give them notice or inform them of the decision to dismiss. A long line of case law from the Employment Appeal Tribunal (EAT) has established that this is not the case. Where, as is often the case, there is no contractual provision dealing with communication of notice, notice (or dismissal) will take effect on the date on which this is communicated to the employee. This means that, where an employer writes to an employee to give notice or inform them of their dismissal, it is only once the employee has personally taken delivery of the letter that the notice (or dismissal) will be deemed to have been received.
Notice of termination: are you sure your employee has been dismissed?
