Employment, Immigration and Pensions Update - November 2017

Employment, Immigration and Pensions Update - November 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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  1. Risk assessment for breastfeeding mothers

    In the case of Ramos v Servicio Galego de Saude , the European Court of Justice has recently held that a failure by an employer to carry out an appropriate workplace risk assessment, based on the individual circumstances of a breastfeeding worker, was... Read more
  2. New corporate offence: failing to prevent the facilitation of tax evasion

    A new corporate offence of failing to prevent the facilitation of tax evasion came into force on 30 September 2017 under the Criminal Finances Act 2017 (the “CFA 2017”). Employers will commit an offence under the CFA 2017 if they fail to prevent... Read more
  3. New ACAS guides on mental health

    ACAS have published a new guide for employers and senior managers entitled Promoting Positive Mental Health in the Workplace (PDF document).  They have also published shorter online guides entitled Dealing with Stress in the Workplace and Managing Staff Experiencing Mental Ill Health.

  4. Employment Tribunal fees refund scheme starts

    The government has launched the first phase of the employment tribunal fee refund scheme following the Supreme Court decision in July that Tribunal fees were unlawful. In this initial phase, approximately 1,000 eligible parties will be contacted to apply for reimbursement. Full roll-out of the scheme is expected in the next month.

    As well as being refunded their original fee, successful applicants will also be paid interest of 0.5%, calculated from the date of the original payment up until the refund date.

  5. Former employee fined for unlawfully obtaining personal data

    An ex-employee was prosecuted in the Magistrates Court recently for taking personal information without his employer’s consent. He was also condemned by the Information Commissioner’s Office (‘ICO’). Background Mr Morar took the... Read more
  6. The potential impact of Brexit on the employment of European nationals

    Jackie Penlington's article in Personnel Today looks at the potential impact of Brexit and the Government’s latest thinking on the employment of European nationals.


  7. Progress on the Parental Bereavement (Pay and Leave) Bill

    The Parental Bereavement (Pay and Leave) Bill has now had its second reading in the House of Commons. This Bill, if enacted, will give employees who lose a child below the age of 18 (including a still birth after 24 weeks) the right to at least two weeks' leave (irrespective of their length of service) with no impact on existing rights to other family leave or pay.

    In addition they would be entitled to at least two weeks' statutory bereavement pay at the prescribed rate (currently £140.98) or 90% of their average weekly earnings (whichever is lower) provided they have at least 26 weeks' service. The Bill also gives employees protection from detriment, redundancy and dismissal as a result of them taking bereavement leave.

    The government is supporting this Bill, so it is likely to become law. It is expected to be introduced in 2020.

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