Right to work documents & checklist
UK employers have a legal obligation to prevent illegal working by verifying all employees have a valid right to work in Britain. The Home Office dedicates considerable resources to investigating employers and taking enforcement action in the event of a breach. Where an employer is found to be employing workers illegally, they face substantial fines, […]
Failure to make reasonable adjustments
A failure to make reasonable adjustments refers to a breach of the employer’s duty to ensure that workers and applicants are not substantially disadvantaged in carrying out or applying for a job because of a disability when compared with people who do not have a disability. This is a statutory duty that most employers are […]
How to manage recruitment immigration risks
For employers, the option of recruiting from the global talent market can be critical to maintaining operations and, importantly, competitive advantage. But UK employers face increasing recruitment immigration risks when hiring non-UK nationals. Penalties for employing illegal workers and failing to comply with your immigration duties are substantial and best avoided. Fundamentally, your recruitment practices should enable […]
How long is TUPE valid for?
TUPE provides protection to employees in the event that the business they work for transfers to new ownership. In such a situation, the employees will effectively transfer over to the new organisation, too. In many cases, the incoming employer may want to make changes to the transferring employees’ terms of employment in order that all […]
Employment case law update December 2020
A number of key employment law cases of significance for employers have recently been decided. Settlement agreements, COT3 & misrepresentation Cole v Elders Voice In November 2020 the Employment Appeal Tribunal handed down judgment upholding an appeal in the case of Cole v Elders Voice. Mrs Cole’s employment transferred to Elders Voice under the Transfer […]
Employee stealing from work?
If you suspect an employee stealing from work or misusing company property without permission, it is likely to come as a shock. Any action you take in response to stealing from work must be fully considered and based on factual evidence to avoid falling foul of legal issues. It is also likely you will have […]
Managing return to work after COVID
Where an employee is returning to work after COVID – whether they have made a full recovery or are suffering with so-called long COVID – there will be a number of issues for the employer to consider. Employers are under a duty of care to take reasonable steps to protect their workforce, customers and any […]
Employment case law update November 2020
A number of key employment law cases of significance for employers have recently been decided. Unfair dismissal Chemcem Scotland Ltd v Ure UKEATS/0036/19/SS In Chemcem Scotland Ltd v Ure, the Employment Appeal Tribunal upheld the decision of the first tier in finding that the acceptance of a repudiatory breach does not have to be expressly […]
Gross misconduct & fair dismissal
Gross misconduct refers to conduct, actions or behaviour from an employee that is sufficiently serious to justify instant dismissal. Responding to allegations of gross misconduct and taking disciplinary action against an employee is fraught with legal risk. While it may be instinctive in some circumstances to dismiss an employee immediately as a result of gross […]
DBS check guide: documents, costs & processing times
As an employer, it is important to understand what level of DBS check you can request by law when recruiting someone. You should also know the cost of a DBS check, what DBS check documents need to be provided by a prospective employee, how to check documents during the current pandemic, and how to identify […]