An employee was automatically unfairly dismissed for making protected disclosures even though the person who dismissed her was unaware of those disclosures. A decision made by one person in ignorance of the true facts, and which is manipulated by someone else who is responsible for the employee and is aware of the true facts, can be attributed to their employer.
The government has all but rejected the House of Lords Select Committee’s Report recommendations with respect to disabled people and employment, which included providing further guidance on reasonable adjustments, flexible working requests for carers and tribunal procedures and fees. The government’s only commitment was to evaluate the right for carers to request flexible working by April 2019.
The government has updated its policy paper on National Minimum Wage (NMW) enforcement to take account of recent changes. It covers civil and criminal enforcement strategies including “naming and shaming”.
Two Nigerian employees whose employers treated them badly because of their status as vulnerable domestic migrant workers did not suffer direct or indirect race discrimination. The reason why these employees were mistreated was their particular vulnerability arising from their immigration status, rather than the fact that they were Nigerian.
UK Court rules on whether disclosure of a work-seeker’s rape acquittal in an enhanced criminal records certificate was breach of human rights. The court held that the disclosure did not breach the presumption of innocence under the European Convention on Human Rights, as it did not suggest that the jury had been wrong to acquit or that the police thought the claimant was guilty. Furthermore, the disclosure did not breach the right to privacy, as it was proportionate in view of the requirement to balance any detriment to the claimant, a teacher, against the need to protect vulnerable members of the public.
The Immigration Act 2016 – the offence of illegal working and other provisions – came into force on 12 July 2016.
Although the government intends to review some aspects of the Gender Recognition Act 2004, it has decided not to adopt the Women and Equalities Commons Select Committee’s recommendations to rename the protected characteristic of “gender reassignment” in the Equality Act 2010 as “gender identity”, or to disapply the occupational requirement exceptions where an individual’s acquired gender has been recognised under the 2004 Act.
A significant proportion of the UK’s employment law is derived from EU law, including some family leave and discrimination rights, collective consultation obligations, transfer of undertakings regulations, working time regulations and agency workers regulations. Following the Brexit vote, there is much speculation as to which of these rights may be repealed, and when.
Now that the UK voted to leave the EU, the Government will regain parliamentary sovereignty and so will no longer be bound to have national legislation reflecting the many EU directives covering laws in the workplace. It will therefore be free to abolish or amend existing laws as it saw fit. This transcends many aspects […]
The Immigration Bill received Royal Assent and became the Immigration Act 2016. The Act will be brought into force in stages by secondary legislation.