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Legal news, views, trends and tools for HR Professionals. Stay ahead. Go further

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Archives: June 2015

Collective consultation – when is the duty to consult triggered?

The Employment Appeal Tribunal (EAT) has confirmed in the case of E Ivor Hughes Educational Foundation v Morris that the duty to commence collective consultation arose when a provisional decision was made to close a school.

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Northern Ireland Court of Appeal: Voluntary overtime can be included in calculating holiday pay

Voluntary overtime can, in principle, be included for the purposes of calculating holiday pay in Northern Ireland. That was the conclusion of the Northern Ireland Court of Appeal who delivered judgement in the Patterson v Castlereagh Borough Council (“Patterson”) case this morning (26 June).

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Rolling Out The “Red” Carpet

In the continuing drive to court Chinese business and tourism the UK and Belgian Governments have announced a new pilot scheme to better facilitate the visa application processes for Chinese visitors to their respective shores.

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Immigration – “Raising the bar”?

In the Government’s continuing quest to drive down net migration into the “tens of thousands” the Home Secretary, Theresa May, has commissioned the Migration Advisory Committee (MAC) to conduct a review of the Tier 2 route.

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Drivers take Uber for a ride

Hot on the heels of consumer complaints in the UK about credit card fraud, ride-hailing app Uber has filed an appeal against a decision that an Uber driver in California was an employee rather than a self-employed contractor.

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Out of hours GP not a worker or employee

The EAT has recently looked at the difficult question of employment status. In the case of Suhail –v- Barking Havering & Redbridge NHS Trust & Others it found that a GP providing his services to an NHS Trust via a co-operative was neither an employee nor a worker.

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Expressing personal beliefs in the workplace – dangerous territory?

In yet another case of this ilk to hit the headlines, an Employment Tribunal addresses the difficult conflict between religious belief and sexual orientation. In this case, the Employment Tribunal found that the Claimant had been discriminated against, and unfairly dismissed, on the grounds of her religious belief.

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Jewish job applicant succeeds in indirect discrimination claim after refusing to work Saturdays

An employee, who was turned down for a job because she followed a Jewish practice preventing her from working Saturdays, has been successful in her claim for indirect discrimination on the grounds of her religious belief.

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New government proposes to curb “disruptive and undemocratic strike action”

Since the global recession of 2008/2009, business groups have been asking the government to reform strike laws due to the cost of strikes to employers and the public purse.

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Government announces long-awaited review of Employment Tribunal Fees

The government has announced its plans to review the impact of the introduction of Employment Tribunal Fees implemented in July 2013. The review will consider how effective the introduction of fees has been at meeting its objectives and maintaining access to justice.

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Auto-enrolment – the small employer

The staging dates for automatic enrolment for employers with less than 50 employees started on 1 June 2015 and 1.2 million small and micro employers will commence staging over the next three years.

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Biometric Residence Permits

Previously only issued to migrants applying to extend their stay in the UK, the Biometric Residence Permit (“BRP”) is now being rolled out for all non-EEA migrants entering the UK.

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Europe: in, out or shake it all about?

The Queen’s Speech on 27 May included the government’s proposals regarding the EU Referendum Bill to cover the renegotiation of the UK’s relationship with the European Union and an in/out referendum on continued membership of the EU.

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Legal news, views, trends and tools for HR Professionals. Stay ahead. Go further