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Brexit update

As you will no doubt have seen in the news, progress has been made in phase one of the Brexit negotiations. We have prepared a summary of the position on citizens’ rights; whilst it has been stressed that “nothing is agreed until everything is agreed”, the lie of the land is starting to look a little clearer for those EEA nationals who are already in the UK.

By Laura Morrison
  • Data protection

Data protection breaches: vicarious liability for employee's criminal actions

WM Morrisons Supermarkets plc have been found vicariously liable for a data protection breach after an employee bearing a grudge deliberately published personal details of 100,000 of its employees on the internet.

By Laura Morrison
  • Employee benefits
  • Employment status
  • Holiday pay

King v. Sash Windows judgment leaves employers vulnerable to backdated holiday claims

In King v. Sash Windows, the European Court of Justice (ECJ) has held that anyone deemed to have “worker” status is entitled to carry over paid annual holiday in circumstances where they have not had the opportunity to take it.

By UK People Reward and Mobility Team
  • Disciplinary procedures
  • Unfair dismissal

EAT finds you cannot cherry pick from without prejudice conversations

The Employment Appeal Tribunal (EAT), in the recent case of Graham v. Agilitas IT Solutions Ltd. (Agilitas), ruled that an employer cannot rely on parts of a without prejudice conversation held in accordance with s.111A of the Employment Rights Act 1996 (ERA) and/or the “common law” without prejudice rule, whilst at the same time seeking to use the without prejudice rule as a shield in reference to that same conversation. S.111A of the ERA permits discussions between an employer and an employee with a view to terminating employment on agreed terms to remain confidential and inadmissible in proceedings before a tribunal for unfair dismissal.

By UK People Reward and Mobility Team
  • Equal pay
  • Gender pay gap reporting
  • Pay, benefits and bonuses

London's gender pay gap worst in the UK

The Office for National Statistics published data this week that shows London as a region has the widest gender pay gap in the UK. Currently, women working full-time in London earn 14.6 per cent less than their male colleagues. In the past twenty years the gap has narrowed only slightly from 15.1 per cent. In contrast, during this same period the pay gap in Wales and Scotland has gone from 17.5 per cent and 18.4 per cent to 6.3 per cent and 6.6. per cent respectively.

By UK People Reward and Mobility Team
  • Employment status
  • Tribunal procedures

Uber appeals to Supreme Court

Uber presented its application to the Supreme Court to appeal the Employment Appeal Tribunal (EAT) decision that its drivers are workers and should have associated rights.

By Verity Buckingham
  • Government proposals
  • National Minimum Wage
  • Pay, benefits and bonuses

National Minimum Wage Increase

Workers aged over 25 will receive an inflation-busting increase of 33p an hour in their national minimum wage. An above-inflation pay rise of 4.4 per cent starting April 2018 is over the 3 per cent rate of inflation which is in place at the moment. Following this, full-time workers will receive a £600 annual increase.

By Verity Buckingham
  • Employment status
  • Pay, benefits and bonuses
  • Termination

Autumn Budget – employment provisions

The Chancellor has spoken and presented his first Autumn Budget.

By Verity Buckingham
  • Immigration

Cooking up a storm – Tier 2 chefs

The immigration rules make a distinction between chefs working at takeaway establishments and those working at restaurants.

By Verity Buckingham
  • Apprenticeships
  • Atypical workers
  • Employment status

Managing a flexible workforce

With Christmas on the way (a busy time of year in many sectors – including hospitality) Big Hospitality has published […]

By Victoria Albon
  • Brexit
  • Immigration

Scotland – a separate system for global mobility?

The Times newspaper has revealed plans by Scottish ministers to pave the way for a bespoke immigration system. Scottish ministers are concerned that Brexit will lead to a fall in immigrant workers, who are vital to the Scottish economy. Alasdair Allan, the Scottish government’s Europe minister, raised this as an issue to the Europe Committee earlier in 2017. He said: “The Scottish government will continue to call for a less restrictive and more humane system from the UK which recognises individual and demographic circumstances.”

By Verity Buckingham
  • Atypical workers
  • Employment status

Uber loses appeal on worker status

In the continuing worker status saga, Uber’s recent appeal against the Tribunal ruling that its drivers are workers, rather than self-employed individuals, has been dismissed by the EAT.

By Helena Rozman

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