Employment & Immigration Update - August 2018

Employment & Immigration Update - August 2018

Welcome to the August 2018 edition of the employment & immigration update - providing a monthly update on key legal issues for employers.

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Gabrielle Holgate, Kerry Garcia, Hannah Ford, Lloyd Davey
  1. Sufficiently regular voluntary overtime should be included when calculating holiday pay

    In the case of Flowers v East of England Ambulance Trust , the Employment Appeal Tribunal affirmed the position that, where there is a pattern of working overtime which is “sufficiently regular” to count as part of an employee’s normal... Read more
  2. Court of Appeal decision means a significant change to the payment of national minimum wage for "sleep-in" shifts

    The Court of Appeal’s decision in the combined cases of Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersand t/a Clifton House Residential Home [2018] (“ Royal Mencap ”) has altered the approach that should be taken to paying... Read more
  3. Hermes couriers deemed workers in further win for "Gig Economy" workers

    In Leyland and others v Hermes Parcelnet Ltd the Employment Tribunal has found that the parcel delivery couriers were workers rather than self-employed contractors as the result of a “dependant work relationship”. This was in spite of their... Read more
  4. No extension of the effective date of termination where an employee is dismissed for gross misconduct

    To qualify for the right to claim unfair dismissal, employees must generally show that they have been continuously employed for at least two years. When an employer gives no notice or less than the minimum statutory notice, the effective date of termination... Read more
  5. EAT confirms that right of appeal should be given to employees who fail to demonstrate their continued right to work

    In Afzal v East London Pizza Ltd t/a Dominos Pizza UKEAT/0265/17 the Employment Appeal Tribunal confirmed that where an employee was dismissed after he failed to evidence he still had the right to work in the UK, the employee should be given the right to appeal to allow an opportunity for him to prove that an extension application had in fact been made before his leave expired and that he therefore had the right to work in the UK.

    Read more
  6. Family-friendly leave for LGBT workers

    In their recent article in Personnel Today, Hollie Ryan and Camille Arnold look at family-friendly leave options open to LGBT workers and ways employers can better support them. Read more

  7. Immigration updates

    Kerry Garcia comments in a recent article in Personnel Today on potential alternatives for hiring skilled non-EEA workers where Tier 2 visas are not possible. Read more

    Jackie Penlington flags some practical points for HR teams arising from the Brexit White Paper in a recent article in HRZoneRead more

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