Is it fair to dismiss Employees who are unable to provide documentary evidence of their right to work in the UK?

The immediate answer in almost every organisation would be yes. S15 of the Immigration, Asylum and Nationality Act 2006 makes it unlawful for an employer to employ an adult who is subject to immigration control. The penalties include civil and criminal sanctions even if the employer knew or had reasonable cause to believe that they did not have the appropriate immigration status. However, under s15 (3) there is a statutory excuse from the penalty if the employer can show that it undertook certain documentary checks.

What to expect in 2018 - a guide for employers

With the new year already under way and 2017 having rapidly come and gone, we provide employers with an outline of key issues they should note and take steps to prepare for this year.

If 2017 was a busy year for employers, 2018 is expected to be even busier.

So, what do you need to know (that you may not know already) or bear in mind as an employer?

Is an employer’s perception that a condition could become a disability in the future discrimination or not?

The Employment Appeal Tribunal (EAT) recently determined that it is unlawful for an employer to reject a potential candidate because they believe that a current health condition may become a disability in the future.

In the case of Chief Constable of Norfolk v. Coffey, the claimant (C), a Police Constable, had asked for a transfer to Norfolk Constabulary (N) for personal reasons.

Does the termination of a fixed-term contract amount to unfair dismissal?

The use of fixed-term contracts is widespread across many industries and business sectors. Whilst the mechanism behind this type of contract appears simple, dealing with the expiry of a fixed-term contract is not always straightforward.

The Employment Appeal Tribunal in Royal Surrey County NHS Foundation Trust v Drzymala has recently held that an employer's compliance with the Fixed-term Employees Regulations does not necessarily mean it will have acted fairly when deciding not to renew a fixed-term contract.

Big Brother at Work

Surveillance and privacy in the work has been under the spotlight recently at the European Court of Human Rights. The cases of Antovic and Mirkovic v Montenegro and Lopez Ribaida & Ors v Spain considered whether video surveillance breached Article 8 of the European Convention on Human Rights.

Article 8 of the ECHR protects individuals right to respect for their private and family life.