Employment & Immigration Update - February 2017

A monthly update from the Employment and Immigration team, containing news about recent and topical developments in employment, immigration and pensions law.

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Kerry Garcia, Lloyd Davey
  1. The dangers of relying on mobility clauses upon relocating an office

    In the recent case of Kellogg Brown & Root (UK) Limited v Fitton , the Employment Appeal Tribunal has underscored the risks an employer runs in seeking to rely upon a mobility clause when it is relocating its offices. Claims of unfair dismissal were... Read more
  2. Can negligence amount to gross misconduct warrant summary dismissal and can a wrongfully dismissed employee sue for unlawful deduction of wages?

    In the case of Adesokan v Sainsbury’s (2017), the Court of Appeal found (1) that negligence can constitute gross misconduct justifying summary dismissal; and (2) if an employee has been wrongfully dismissed, their remedy will usually be limited to... Read more
  3. Employee inventor compensation - can an employer be 'too big to pay'?

    If a UK-based employee makes an invention in the course of his or her duties as an employee the invention usually belongs to the employer, who is entitled to apply to patent the invention anywhere in the world.  However, the employee inventor may claim... Read more
  4. Gender Pay Gap Reporting - New draft ACAS Guidance published

    After April this year, employers with 250 or more employees will be required to calculate and publish details of the pay gap between their male and female employees. ACAS and the Government Equalities Office (GEO) have published a draft joint guidance note... Read more
  5. The minimum income requirement for family visas does not breach the human right to family life

    The Supreme Court has ruled that the minimum income requirement placed upon non-EEA nationals seeking to enter or remain in the UK with their British family members (e.g. spouse or co-habiting partner) does not breach the human right of respect for private... Read more

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