In Mogane v Bradford Teaching Hospitals NHS Foundation Trust, the EAT found a dismissal unfair when an employer adopted a redundancy selection criterion that inevitably led to a pool of one without consultation before it made that decision. Ms Mogane, a nurse, and her colleague in a similar role, worked on a series of fixed-term…
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Ignore everything we just said. That was the government’s message as Jeremy Hunt, the new Chancellor of the Exchequer, reversed his predecessor’s pledge. In an emergency statement on 17th October 2022, Mr Hunt announced that the off-payroll rules will not be scrapped after all. See the Government news story here. Unless things change before you…
As an employer, you need to check that the people you employ have the right to work in the UK. If you don’t, you could be fined up to £20,000 per employee and your reputation will suffer. During the pandemic, the government introduced digital ways for you to check an employee’s right to work in…
In McKenzie-Bayliss v The Crown Prosecution Service (CPS) an employment tribunal held that a homeworking employee who relocated to North-East England but carried out work for the South-East region was no longer entitled to receive pay at the London rate. Facts After 20 years, Mrs McKenzie-Bayliss was seconded from the London team to CPS Direct….
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On 23rd of September 2022, the Chancellor of the Exchequer delivered his growth plan to Parliament. Here are three key aims: The government intends to repeal reforms to IR35 from 6th of April 2023. After that date, end users will no longer have to carry out employment status determinations if they are engaging someone via…
‘The Great Realignment’ is following ‘The Great Resignation’. The concept of ‘working to live’ as opposed to ‘living to work’ has become more widespread as a result of the pandemic. Time spent at home during lockdowns caused many people to stop and consider the impact of their commute, working hours and lack of professional boundaries…
The six-week school holidays are here. They will bring childcare difficulties to some employees. They may bring staffing problems to you. What can you do? Here are six ideas. One for each week. If your employee needs to take time off during the school holidays to care for their children, consider: 1 Paid annual leave….
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National rail strikes are causing disruption. Are employees obliged to get to work during a rail strike? Yes, but deal with the problem reasonably. Particularly if there will be no trains running on some train lines dates. What can you do? Advise your employees to allow extra time for their journey on strike days. Alternatives….
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You can be sent to jail for five years and have to pay an unlimited fine if you’re found guilty of employing someone who you knew or had ‘reasonable cause to believe’ did not have the right to work in the UK. You might have to pay a civil penalty of up to £20,000 if…
Cancelled flights are causing travel chaos. What can you do if an employee cannot report for work on their expected return date? Where your employee is stuck abroad through no fault of their own and they’re keeping you informed about the situation, you shouldn’t treat it as a disciplinary matter. If you haven’t heard from…
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In Forstater v CGD Europe and others an employment tribunal decided that a consultant researcher suffered discrimination when a think tank ended its relationship with her because of her gender-critical beliefs. Ms Forstater worked for the Centre for Global Development (CGD). During a Twitter debate on transgender issues, she tweeted, among other things, that ‘a…
Many employees add business and work-related connections to their LinkedIn accounts because they’ve come into contact with them during their employment. Who owns those connections if the employee leaves? In May 2022, the High Court handed down a decision in the case of Clayton Recruitment Ltd v Wilson. Mr Wilson left Clayton Recruitment Ltd to…
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