Caroline Nokes recently told members of parliament that employers will have to check their EU employee’s eligibility to work in the UK in the event of a no-deal Brexit.
When people decide to set up their own company they often do not appreciate the vast array of roles they will end up undertaking in the early days of their business enterprise; from ordering the stationary , sorting out routine repairs and trying to cover the company’s marketing , technology and human resource requirements.
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While none of the best employment lawyers in London would ever suggest or sanction the provision of false references by a prospective job applicant, one has to have a certain amount of admiration (whether misplaced or otherwise) for the would-be Captain of a commercial freight airline who gave false references, effectively asking his prospective employer to contact Jabba the Hutt to verify his experience.
TUPE – the Transfer of Undertaking (Protection of employment) Regulations – the nemesis of many UK employment lawyers and HR practitioners – makes it clear that in the case where the regulations apply, and an employee is transferred to a new employer, there should be no changes to the contract in connection with the transfer.
OTS Solicitors are delighted to announce that Teni Shahiean, co-founder and recommended Legal 500 lawyer, will be taking part in a panel discussion on equality in the legal industry at the Royal courts of Justice. The event will feature a number of inspirational women lawyers and OTS are proud to be involved.
Protection against victimisation is a key component of the Equality Act 2010. As UK employment lawyers will explain, it offers protection to an employee who ‘does a protected act’. The term protected act will be familiar to top employment solicitors and covers bringing a claim or making a complaint about discrimination or supporting a colleague in doing so.
You’ve experienced poor treatment at work – and understandably want advice and support from the best employment lawyer you can find, but for many people, this comes at a cost.
Alongside the codification of provisions against discrimination on grounds of race, sex and disability, the Equality Act 2010 clarified that discrimination on grounds of age was also unlawful, but top employment lawyers in London and employment claim solicitors generally will often point to age discrimination being prioritised less than discrimination based on other protected characteristics.
There’s very little ‘good news’ for gig economy businesses such as the taxi operators including Uber who have already been hit hard by Employment Tribunal decisions and are now facing calls for more stringent checks ad licensing conditions in a report published by a Department of Transport Working Group.
A recent disability discrimination case has reiterated to all employment claim solicitors and anyone considering a claim under the Equality Act 2010 based on disability discrimination, that it is for the employee to prove that the disability in question has a long term and substantial adverse impact on his or her ability to carry out day to day activities.
Understanding whether an employee has resigned or has been dismissed is something that any UK employment lawyer will want to know whether acting for an employer or employee in a case where employment has come to an end. An employee who has been dismissed has the option of bringing a claim for unfair dismissal.
Top employment solicitors have welcomed the news that the Parental Leave and Pay Bill has now achieved Royal Assent. Anticipated by employment law solicitors in London to come into force in 2020, the new law gives working parents the right to take 2 weeks’ leave should they suffer the devastating loss of a child. Statutory parental bereavement pay is also introduced.
Addressing the trauma of losing a child
Many UK employment lawyers welcome the report by the Women and Equalities Committee earlier in 2018 which proposed a number of changes to benefit working families.
Unpicking disability discrimination is a job that even many of the best employment lawyers in London will agree is difficult. Facts can be complex and applying the law to any given situation is rarely straightforward. For many employers too, the obligations under the legislation can feel onerous, with guidance unclear.
The best employment lawyers will often find that identifying an act of direct discrimination is straightforward – but occasionally caution is necessary. Not only is it important to consider what has happened as a matter of fact, but it is also important to scrutinise the motivation of the employer in its treatment of the employee.
An employer may consider that the only immigration issues that apply in the workplace are those connected with recruitment and ensuring that all staff have the right to work in the UK. This is, of course, a big issue for all employers, with fines running to thousands of pounds for those who have not followed the right to work checks correctly.
Constructive dismissal is a concept that can be confusing to some, and it’s always worth consulting top employment solicitors about any given situation where it is possible that an employee has resigned as a consequence of the behaviour of the employer.
The concept of philosophical belief is protected by the Equality Act 2010 – and many top employment solicitors will point to the case of Grainger plc v Nicholson as setting out the key principles to be observed when considering an argument of philosophical belief.
Many UK businesses rely on employing migrant workers to be able to survive – and while this is a great strategy, it’s worth having advice from the best employment lawyer you can find, to make sure you get it right as an employer.
Summary dismissal is one of the most extreme sanctions open to an employer and any UK employment lawyer would caution the dismissal of an employee without notice unless there is clear evidence of gross misconduct.