Employment, Immigration and Pensions Update - December 2017

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

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Kerry Garcia, Lloyd Davey, Hannah Ford
  1. Holiday pay: workers have the right to unlimited back pay

    There has been yet another complicated and potentially far reaching decision in the never ending saga of holiday pay. In King v The Sash Window Workshop Ltd , the European Court of Justice (“ECJ”) has held that where an employer has failed to... Read more
  2. Employment Appeal Tribunal held employee's failure to provide evidence of his right to work does not mean his employment is a contravention of statute

    The Employment Appeal Tribunal has recently held in the case of Baker v Abellio London that an employer which dismissed an employee who was not subject to immigration control, but who could not provide documentary evidence of his right to work in the UK,... Read more
  3. Employee fined over £1,800 for taking personal data from his employer

    A charity employee pleaded guilty to unlawfully obtaining personal data under s.55 of the Data Protection Act 1998 and was ordered to pay £1,860.25. What happened? On 22 February 2017, an employee of Rochdale Connections Trust sent 11 emails to his... Read more
  4. The European Court of Justice held that weekly rest periods may be given at any time in a seven-day period

    Background Mr Maio Marques da Rosa was employed as a casino operative from 1991 to 2014 in Portugal.  The casino was open seven days a week.  Mr da Rosa’s worker’s agreement stated that he was entitled to two days’ consecutive... Read more
  5. Uber loses appeal on worker status in the Employment Appeal Tribunal

    The Employment Appeal Tribunal has recently given its decision in the case of Uber BV and others v Aslam and others holding that Uber drivers are workers and therefore entitled, amongst other things, to paid holidays and the minimum wage.   Facts ... Read more
  6. Knowledge of whistleblowing and fairness of dismissal

    The fairness of a dismissal should be based on what the decision-maker knew and not what they should have known. In Royal Mail Ltd v Jhuti [2017] the Court of Appeal considered whether an employee had been automatically unfairly dismissed on grounds of... Read more
  7. Stevens & Bolton LLP recently ranked in legal directories

    We are delighted to have been ranked in the latest editions of both The Legal 500 and Chambers UK legal directories.

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