Share our passion for law and keep up to date

Employment

Dispelling the myth: Can employees go home early if office temperatures are too high?

26/06/2018

As the temperatures set to reach record levels in the UK over the next week or so, there’s no doubt that many of us will be enjoying the great outdoors. But, what about those long office hours in stuffy, windowless buildings? Are employees entitled to go home if it is too hot? Do they have a “right” to air conditioning, for example?

Read more

Immigration reform and workforce trends

24/08/2018

The Government’s white paper on post-Brexit immigration policy is expected in October. Will the future immigration rules reflect the self-employment and flexible working that are now intrinsic to the UK labour force?

Read more

Employers glimpse the future of EU skilled migration

20/07/2018

The Brexit White Paper of 12 July 2018 suggests what the future of skilled EU migrants in the UK might look like, but the wording is vague.  In this analysis for Thomson Reuters, Downs Head of Immigration Samar Shams tries to decode the government’s plans for skilled migration from the EU.

Read more

GDPR and Immigration: How to fulfil both

18/07/2018

In this month’s Employment Law Journal, Downs’s Head of Immigration Samar Shams offers practical advice on GDPR compliance. The analysis covers immigration contexts including the resident labour market test and visa applications as well as right to work checks. The article is designed to support employers in this developing area of compliance. 

Read more

EU NATIONALS AND FAMILY MEMBERS TO COME UNDER UK SETTLEMENT SCHEME

22/06/2018

The Home Office published a Statement of Intent on 21 June 2018 setting out the application processes EU nationals and their family members will have to undertake to stay in the UK beyond the post-Brexit transition period.  The Statement does not indicate when exactly the application process will open, stating only ‘late 2018’.  The settlement scheme will be introduced in phases, and will open fully from 30 March 2019.  Subject to the outcome of ongoing negotiations, the UK proposes to extend the settlement scheme to EEA and Swiss citizens.

Read more

Downs Solicitors submits evidence to the Home Affairs Committee

18/07/2018

The Home Affairs Committee has published Downs Solicitors’ submission to its inquiry on post-Brexit migration policy.  The submission, drafted by Head of Immigration Samar Shams[[sitetree_link id=850]], makes suggestions relating to the future of work and the realities of corporate restructurings.  Samar argues for appeal rights and gender equality, and the reduction of application fees.  Samar also warns that mobility negotiations might lead to overly complex immigration rules and requirements.

Read more

For the technology sector, the Immigration Rules just got real

19/06/2018

The Tech Nation (formerly Tech City) visa scheme has gradually become useful.  The Tech Nation scheme falls under the Tier 1 (Exceptional Talent) visa category, for migrants with outstanding achievements or promise in their fields.  During Tech Week , the Home Office published (another) Statement of Changes in the Immigration Rules.  The changes take effect next month and include changes to the Tech Nation scheme which will be of interest to migrant techies.

Read more

Does your business have a game plan in place for the start of the World Cup?

12/06/2018

Even those who are not football fans will probably be aware that the Football World Cup competition starts in Russia on 14 June. ACAS have produced some guidance to assist employers in dealing with the issues that are always thrown up by tournaments of this kind.

Read more

Bridging the pay gap

10/04/2018

Tuesday 10th April represents National Equal Pay Day – and what better time to be talking about it than now? With the first phases of Gender Pay Gap reporting now in the news, the spotlight is firmly on businesses to account for their pay data.

Read more

Turning the tables on Sexual Harassment

29/03/2018

*The Equality and Human Rights Commission (EHRC) has published a report, **Turning the tables: ending sexual harassment at work report*[https://www.equalityhumanrights.com/en/publication-download/turning-tables-ending-sexual-harassment-work]* **recommending steps to strengthen protection for victims of sexual harassment, promoting transparency and placing a legal duty on employers to take effective steps to prevent sexual harassment.  The report has also recommended an increase in compensation levels for victims where this duty has been breached.*

Read more

Calling all employers with over 250 staff – have you published your Gender Pay Gap?

27/03/2018

Organisations that have not yet published their gender pay gap information by the deadline next week could face unlimited fines.

Read more

Clarity on parity for agency workers

08/03/2018

Specialist employment law Partner, Matthew Kilgannon, discusses last month’s first Employment Appeal Tribunal (EAT) decision on parity of terms for Agency workers.

Read more

£17,000 Cost Order against Employer

12/03/2018

*Author: Matthew Kilgannon*

Read more

Tribunal Fee Refund Scheme Opens

23/10/2017

*Author: Matthew Kilgannon*

Read more

The Menopause and the Workplace

06/09/2017

*Author: Nicola O'Dwyer*

Read more

Does the Acquired Rights Directive (ARD) apply to a pre-pack?

21/08/2017

*Author:  David Seals*

Read more

Settlement Agreements and Winding Up

21/08/2017

*Author: David Seals*

Read more

Unlawful Fees Help Employee Secure An Extension of Time

18/08/2017

*Author: Matthew Kilgannon*

Read more

Secretary awarded £360,000 compensation for sexist comment at work

09/08/2017

*Author:  David Seals*

Read more

Tribunal Fees To Be Refunded

28/07/2017

Author: Emily Kidd

Read more

Data Protection: GDPR Guidance Updated

20/06/2017

*Author: Matthew Kilgannon*

Read more

Long Term Sick Absence Dismissals: Avoiding the Pitfalls

25/05/2017

*Author: Keith Potter*

Read more

FCA Fines Investment Banker for Sending Client Information Over WhatsApp

10/05/2017

*Author: David Seals*

Read more

Employees and Breastfeeding

29/03/2017

*Author:  Nicola O'Dwyer*

Read more

Provision of Services and Disability Discrimination

01/03/2017

*Author: Nicola O'Dwyer*

Read more

Holiday Pay

10/01/2017

*Author:  Keith Potter*

Read more

Termination Payments

10/01/2017

*Author: Keith Potter*

Read more

Rest Breaks

10/01/2017

*Author: Keith Potter*

Read more

Employment Status - The Uber Case

10/01/2017

*Author: Keith Potter*

Read more

Disciplinary Investigations

10/01/2017

*Author: Keith Potter*

Read more

The Christmas Party - An Employer's Liability

08/12/2016

*Author: Matthew Kilgannon*

Read more

Brexit Impact on Employment Law

29/06/2016

*Author: Emily Kidd*

Read more

Employer's disciplinary investigation was not an invasion of privacy

01/06/2016

*Author: Daniella Magennis*

Read more

Recruiting and Retaining Transgender Staff

01/04/2016

*Author: Daniella Magennis*

Read more

Suspension of Childcare Vouchers During Maternity Leave

01/04/2016

*Author: Daniella Magennis*

Read more

How To Restrict The Activities of Former Employees

18/03/2016

*Author: Matthew Kilgannon*

Read more

Budget Update and Other Employment Law Changes 2016

16/03/2016

*Author: Emily Kidd*

Read more

How Effective Are Your Contracts of Employment?

17/02/2016

*Author: Matthew Kilgannon*

Read more

Disability Discrimination and References

15/02/2016

*Author: Keith Potter*

Read more

Dismissals and Inconsistency of Treatment

15/02/2016

*Author: Keith Potter*

Read more

Social Media Misconduct – Relying on Stale Information

15/02/2016

*Author: Keith Potter*

Read more

Employers Liable for Staff Who Drive at Work

03/11/2015

*Co-Authors:  Matthew Kilgannon and Daniella Magennis*

Read more

How Safe is 'Safe-Harbour'?

13/10/2015

*Author: Matthew Kilgannon*

Read more

Unfair Dismissal where HR overstepped the mark

21/09/2015

*Author: David Seals*

Read more

Work and The Menopause

20/07/2015

*Author: Nicola O'Dwyer*

Read more

Dismissal of Christian for Homophobic Views was Discrimination

03/07/2015

*Author: David Seals*

Read more

Election 2015: What's In Store for Employment Law?

01/05/2015

*Author: David Seals*

Read more

"Public Interest" Test for Whistleblowing - An Easy One to Satisfy?

13/04/2015

*Author: David Seals*

Read more

Injury to Feelings Awards Can Be Tax Free

02/04/2015

*Author: Matthew Kilgannon*

Read more

Shared Parental Leave

30/03/2015

*Author: David Seals*

Read more

Fit for Work

27/02/2015

*Author: Nicola O'Dwyer*

Read more

Landmark holiday pay case increases costs for employers

07/11/2014

Author:  Matthew Kilgannon

Read more

Employment Law - It's a funny old game!

11/06/2014

Author:  David Seals

Read more

Does Size Matter?

26/03/2014

Author: Matthew Kilgannon

Read more

Settling Employment Disputes

07/03/2014

Author: Matthew Kilgannon

Read more

Why You Should Review Contracts of Employment

18/02/2014

Author: David Seals

Read more

False Self Employment

07/02/2014

Author: Nicola O'Dwyer:

Read more

Unfair Dismissal Update

07/02/2014

Author: Matthew Kilgannon

Read more

Unexpected Absence

07/02/2014

Author: Nicola O'Dwyer

Read more

Zero Hours - Useful or Abused?

14/01/2014

Author: Laura Marchington

Read more

School Liable for Brain Damage?

08/11/2013

Authors: SImone Horrobin and Matthew Kilgannon:

Read more

Confidential Discussions (Pre-Termination Negotiations)

07/10/2013

As one of its many recent changes, the Government has now introduced a new right for employers, employees and their representatives to have confidential discussions regarding the termination of an individual’s employment.

Read more

Shareholder Employees

25/09/2013

Employee Shareholder status came into force on 1st September 2013.  The Growth and Infrastructure Act 2013 introduced a new section into the Employment Rights Act 1996 which provides employers the opportunity to provide shares to an employee (the Employee Shareholder), in return for the employee giving up some of their employment rights. 

Read more

More Confusion over Calculating Holiday Pay

02/09/2013

In Neal -v- Freightliner Limited an Employment Tribunal considered whether overtime pay should be included when calculating statutory holiday pay.

Read more

Employment Law Reforms

26/07/2013

There are three major changes to employment law which come into effect  on 29 July 2013:

Read more

Claims to the NI Fund: Insolvency is a single event

12/07/2013

In the Secretary of State for Business –v- McDonagh & others, the Employment Appeal Tribunal (“EAT”) had to consider when “insolvency” occurred under the Employment Rights Act 1996 (“ERA”) in respect of claims for arrears of pay and holiday pay from the National Insurance Fund (“NIF”).

Read more

Maximum Protective Award unfair where company faced insolvency

12/07/2013

In AEI Cables Limited –v- GMB & others, the Emploument Appeal Tribunal (EAT) considered whether a maximum protective award under the Trade Union and Labour Relations (Consolidation) Act 1992 had been appropriate. 

Read more

Who are “affected employees” for TUPE consultation purposes?

12/07/2013

In I Lab Facilities –v- Metcalfe & others, the Employment Appeal Tribunal (EAT) considered who could be “affected employees” as defined in TUPE for the purposes of a complaint for failure under the information and consultation provisions. 

Read more

Woolworths Administration: protective awards should have been paid to all staff

12/07/2013

In USDAW –v- Ethel Austin Limited (in administration) & another case, the EAT has given its long awaited decision regarding protective awards under TULRCA.  This involved the cases of employees of the Woolworths and Ethel Austin Stores, the former of which went into administration in November 2008. 

Read more

Dismissals by Administrator Were Unfair under TUPE

08/04/2013

In Kavanagh and others v Crystal Palace FC (2000) Ltd the Employment Appeal Tribunal found that an employment tribunal had erred by finding that dismissals by an administrator were fair because they were for an ETO reason.

Read more

More Flexibility For Parents - Are You Ready?

18/01/2013

Towards the end of 2012, the Government announced its intention to allow more flexible and family friendly working practices.

Read more

Promoting Employees - How Restrictive are Restrictive Covenants?

17/01/2013

Restrictive covenants that limit what an employee can do after leaving an employer are extremely difficult to get right, especially non-compete clauses, where the employee is limited in competing with the business for a fixed period after termination.

Read more

Enterprise and Regulatory Reform Bill

12/07/2012

On Friday 2nd May 2012, the Queen announced the Government’s legislative agenda for the next year. The focus is introducing new measures to boost the UK economy. Two Bills were specifically mentioned: The Enterprise and Regulatory Reform Bill aimed at “creating the right conditions for economic recovery” and The Banking Reform Bill, which will “foster financial stability and a more resilient banking sector”.

Read more

Fidelity and Fiduciary Duties

12/07/2012

In the recent case of Ranson v Customer Systems Plc the Court of Appeal set the parameters of when an employee owes his employer fiduciary and fidelity duties.

Read more

Redundancy - One to Watch Out For

12/07/2012

If there is a reduction in hours of work does it amount to a redundancy? This was the burning question before the Employment Appeals Tribunal in the case of Packman t/a Packman Lucas Associates v Fauchon.

Read more

Sickness and Annual Leave – Recent European Court of Justice Decision Blatantly Favours Workers

12/07/2012

In the case of ANGED v FASGA, the European Court of Justice deliberated on whether a worker was able to take leave at a later date when it fell during a period of statutory leave.

Read more

Does TUPE Apply to Landlords After the Assignment of a Pub Lease?

19/06/2012

A recent case in the Employment Appeal Tribunal (EAT) has stated that TUPE (the Transfer of Undertakings (Protection of Employment) Regulations 2006) does not apply to the assignment of a lease unless the economic entity retains its identity.

Read more

Recent Changes in Employment Law

04/05/2012

*Unfair Dismissal *

Read more

Redundancy - EAT Decision Favours Employers

27/03/2012

In Samsung Electronics (UK) Limited –v- Monte-D’Cruz, the Employment Appeal Tribunal (EAT) considered, amongst other things, whether following a restructure of employment roles an employer was compelled to offer a vacant post to an otherwise redundant employee despite him performing poorly at interview for the post.

Read more

Employees protected by TUPE in administration cases

05/03/2012

*Key2Law (Surrey) Ltd v De'Antiquis [2011] EWCA Civ 1567*

Read more

TUPE 2006 – BIS call for evidence

01/03/2012

The BIS has issued a call for evidence seeking views on the effectiveness of TUPE 2006.

Read more

Good news for employers - new rules regarding unfair dismissal

13/02/2012

The Government has issued draft legislation on it’s proposal to increase the qualifying period to claim unfair dismissal from one year to two.  The Order is succinctly known as The Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 2012, and can be viewed here http://www.legislation.gov.uk/ukdsi/2012/9780111519974[http://www.legislation.gov.uk/ukdsi/2012/9780111519974]  

Read more

Long Term Sickness

20/12/2011

To help combat the level of sickness by employees, approximately 140 million days per year, the Government called for a major review of the sickness absence system in February 2011.

Read more

"Protected Conversations"

20/12/2011

The Government has announced proposals that will cause the biggest shake-up of employment law for decades.

Read more

The Agency Workers Regulations 2010

20/10/2011

The Regulations are intended to give effect to the Temporary Agency Workers Directive (the Directive) and they came into effect on 1 October 2011. The aim of the Directive is to provide basic working and employment conditions for assigned workers that are no less favourable than if they had been recruited directly by the hirer.

Read more

Latest News