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EIR Triangle 03

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  • Brexit and immigration rights and documentation of EEA nationals

    31 March 2017

    This article summarises the rights of European Economic Area (EEA) nationals and their family members and the documentation they can obtain to evidence these rights. It looks at residence requirements and points to consider when applying for citizenship.

  • Greater clarity on data subject access requests

    30 March 2017

    A recent Court of Appeal decision has given clarity to data controllers in terms of the grounds on which they may refuse a data subject access request (“DSAR”), although the position is not always a helpful one.

  • When does notice to terminate an employment contract take effect?

    30 March 2017

    The Court of Appeal has ruled that, in the absence of an express contractual term, written notice to terminate a contract of employment is only effective when it is received personally by the employee.

  • Lewis Silkin speaking at launch of major techUK report

    28 March 2017

    Naomi Hanrahan-Soar will be speaking at the launch of techUK’s Global Tech Talent Powering Global Britain report at the House of Commons on Thursday 30 March in relation to UK migration in the sector.

  • Gender pay gap reporting – D-Day looms…

    28 March 2017

    It’s the employment law change that has generated more interest than any other for many years. Next Wednesday – 5 April 2017 – is the first ever “snapshot date” for the new gender pay gap reporting regime. For several thousand employers, it’s the day for which they will have to pull the payroll data from which their first ever public gender pay gap report will need to be compiled.

  • Second cycle courier found to be a ‘worker’

    28 March 2017

    Another day, another case on the gig economy… An Employment Tribunal has found that a cycle courier was a “worker”, rather than an independent contractor, and therefore entitled to statutory holiday pay.

  • New guidance on long-term sickness dismissals

    23 March 2017

    The Court of Appeal has given some useful new guidance on the vexed question of when an employer can safely dismiss an employee who is on long-term sickness absence – although not all of the judges agreed with the result.

  • Dressing to impress - discriminatory appearance codes

    17 March 2017

    Laura Farnsworth and Emma Langhorn have written an article for HR review on discriminatory appearance codes in the workplace.

  • Don’t blink: The Immigration Rules are changing again

    17 March 2017

    The Home Office published the latest Statement of Changes in the Immigration Rules yesterday, 16 March 2017. The changes take effect on 6 April 2017. We summarise here the changes that will affect you most.

  • The risk for employers in bypassing collective bargaining

    16 March 2017

    Where an employer has recognised a trade union for collective bargaining purposes, can it still put an offer directly to its employees? This was the thorny issue for consideration in a recent Employment Tribunal decision.

  • Royal assent paves the way for Brexit

    16 March 2017

    The Queen has this morning signed into law the European Union (Notification of Withdrawal) Bill which was passed by MPs and peers on Monday.

  • Ask About... Retail, Fashion & Hospitality

    16 March 2017

    Many of our clients in the retail, fashion and hospitality sector face similar HR issues. Each month one of the members of our team will identify an issue, ask how you would deal with it and provide our advice. This month we asked Lee..

  • When is a ban on headscarves at work discriminatory?

    16 March 2017

    The European Court of Justice (ECJ) has given its first ruling on the right to wear an Islamic headscarf at work, in two separate cases which both involved the dismissal of a Muslim employee for refusing to remove her headscarf in breach of the employer’s dress code.

  • Ignorance isn't bliss... especially with illegal working

    16 March 2017

    If you’re considering restructuring the service company which employs most of your staff, and that company holds your sponsorship licence, you may need to apply for a new sponsor licence and transfer your sponsored migrants accordingly.

  • Bonuses of contention: the treatment of incentive schemes in gender pay gap reporting

    09 March 2017

    Carolyn Soakell blogs for Practical Law’s Employment Blog - Bonuses of contention: the treatment of incentive schemes in gender pay gap reporting

  • New order: Blue Monday?

    08 March 2017

    On Monday, 6 March, US President Trump signed a new executive order to replace the executive order he issued on 27 January 2017. The January order incited mass protests and much litigation and was eventually rendered ineffective via a restraining order. The new order revokes and replaces the original order.

  • Test for ‘old-style’ transfer of economic entity requires multifactorial approach

    08 March 2017

    The Employment Appeal Tribunal (“EAT”) has ruled that an employment tribunal, in finding that the termination of a franchise agreement gave rise to a relevant transfer under TUPE, made the mistake of focusing on one particular factor and failing to adopt a multifactorial approach assessing all the relevant circumstances.

  • Confirmation that collectively agreed terms are ‘static’ for transferring employees

    08 March 2017

    In two joined cases referred to the European Court of Justice (“ECJ”) by the German Federal Labour Court, an Advocate General (“AG”) has handed down an advisory opinion on the effect of a TUPE transfer on employment terms governed by a collective agreement.

  • Supreme Court ends British Gas challenge to holiday pay ruling

    02 March 2017

    The Supreme Court has refused permission for British Gas to appeal against an important ruling that the calculation of holiday pay should include results-based commission.

  • Activities fundamentally the same despite alterations to location and scope of service

    01 March 2017

    The Employment Appeal Tribunal (“EAT”) has upheld an employment judge’s decision that a service to provide accommodation-based support services for homeless people had remained fundamentally the same before and after a TUPE service provision change (“SPC”), despite alterations to the location and scope of the service.

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