HR Articles

The Immigration, Asylum and Nationality Act 2006 places all UK employers under a statutory duty to prevent illegal working in the UK. Consequently, it is the employer’s responsibility to ensure that their employees have the right to work in the UK by first checking they have the correct permission and second, by retaining documentary evidence of the individual’s eligibility.

The Spanish courts recently asked the European Court of Justice for guidance on whether an employee with a dislocated elbow could be classed as disabled, even though his injury was only temporary. Although this case was brought in the Spanish courts, the European Court’s decision is equally relevant to us here in the UK as our disability discrimination law is governed by the same overarching principles contained in the European Equal Treatment Directive.

Conservative MP Phillip Davies, a recently elected member of the Commons Women and Equalities Committee, has claimed that men actually earn less than women in part-time work. Could this be a surprising twist in the tale of gender pay gaps?

New year – new rules. The UK’s immigration rules constantly change and our immigration team continues to work closely with their business clients to ensure they continue to comply with the UK’s immigration rules.

In Perry’s Motor Sales Ltd v Edwards, the Claimant, a car dealership manager was dismissed for misconduct.

In the recent case of United Lincolnshire Hospitals NHS Foundation Trust v Farren, the EAT held that it is the employer’s view of the dishonesty of an employee seeking re-engagement that matters,

In Campus Living Villages UK v Commissioners for HMRC & Sexton, Ms Sexton was employed by Campus Living as Head of Finance. She was made redundant whilst pregnant and consequently brought claims of unfair dismissal and pregnancy discrimination.

In the recent case of Reverend Canon J C Pemberton v The Right Reverend Richard Inwood, Acting Bishop of Southwell and Nottingham, the Respondent was able to rely on an exception in the Equality Act 2010 to avoid liability for an otherwise discriminatory act.

Psychiatric illness, such as depression, may come as a consequence of unfair or discriminatory treatment by another employee or their employer. In Hampshire County Council v Wyatt, the EAT held that such injury does not have to be evidenced by expert medical reports (although it is strongly advised).

In Herry v Dudley MBC the EAT was asked to consider if stress amounted to a disability under the Equality Act. Further, it was asked to consider if the Tribunal had fully considered the Claimant’s ability to pay when ordering him to pay all the Respondent’s costs (in excess of £100,000).