In R (on the application of T and anor) v Secretary of State for the Home Department and anor the Supreme Court has upheld the Court of Appeal’s decision that the statutory criminal record checking scheme breached Article 8 of the European Convention on Human Rights (ECHR) and its declaration of incompatibility in relation to[…]
The Flexible Working Regulations 2014 were laid before parliament yesterday and come into force on 30th June. They extend the right to make a request for flexible working to any employee who has been employed for 26 weeks (not just parents of children under 17, or 18 if disabled, and certain carers – as was[…]
The Queen’s Speech today identified various (minor) employment law proposals:- • “Strengthen UK employment law by tackling National Minimum Wage abuses and cracking down on abuse in zero hours contracts”. No details are given, although speculation on Twitter is that this might give be a (fairly useless) right to request not working zero hour contracts.[…]
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In Lock v British Gas Trading Ltd and ors, the ECJ has held that, where a worker’s pay ordinarily includes commission, his or her salary should not be reduced to basic pay in periods following annual leave because he or she has been unable to earn commission while on annual leave. Such a practice would[…]
UNISON has been granted permission to appeal against the High Court’s decision (Brief 992) to reject its judicial review challenge to the introduction of employment tribunal and EAT fees on 29 July 2013. According to UNISON, the Court of Appeal decided on the papers that ‘the basis of the issue is of sufficient general importance[…]
The early conciliation (EC) scheme – under which anyone considering bringing an employment tribunal claim must first contact Acas to see whether the dispute can be resolved through conciliation – came into force on 6 April 2014 for a transitional month, during which parties could undertake EC if they so wished but were not obliged[…]
As of today, the time period for a transferor to provide employee liability information to a transferee increases from 14 days to 28 days before the transfer. This applies only apply to TUPE transfers that take place on or after 1 May 2014. Further, from Tuesday (6th May), it becomes compulsory to notify Acas of[…]
Parliament’s Scottish Affairs Committee has published an interim report on zero-hours contracts which recommends changes, but states that ‘in the majority of cases’ zero-hours contracts should not be used at all. The release of the interim report is timed to contribute to the Government’s consultation on zero-hours contracts. The Government is currently analysing feedback to[…]
Are the UK’s restrictions on secondary industrial action (otherwise known as ‘sympathy strikes’) an unlawful interference with freedom of association under the European Convention on Human Rights? No, holds the European Court of Human Rights, unanimously, in RMT v UK, but with differing reasons. The case arose after the RMT abandoned secondary action at a[…]