Forbes Solicitors
March 2020  Employment eNews

The Trend Towards Expansion of Protected Beliefs Under the Equality Act 2010

 

Need to ensure free flow of information during an investigation reinforced by the Employment Appeal Tribunal

 

Government announces proposed new post-Brexit immigration plans


Government announces proposed new post-Brexit immigration plans

In the changing landscape following the United Kingdom leaving the European Union, the Government this week announced a proposed shake up of the immigration system. The potential new rules are designed to urge employers away from relying on 'cheap labour' from Europe and invest in retaining staff and developing automation technology.

Brexit arrows

Home Secretary Priti Patel expressed the need to encourage people with the right talent and reduce the level of low skilled workers coming to the UK. She also referred to the need to recruit from the pool of eight million individuals the government describe as 'economically inactive' potential workers. Employers would be expected to 'adapt and adjust' when the free movement of 'low-skilled' workers ends when free movement expires on 31 December 2020.

 

The Trend Towards Expansion of Protected Beliefs Under the Equality Act 2010

The media attention surrounding the recent ruling of the Employment Tribunal in the case of Casamitjana Costa v. League Against Cruel Sports has generated an unprecedented level of interest in the apparent decision to offer protection from discrimination and harassment to vegans in the workplace. However, whilst the case is symptomatic of the trend towards affording protection to an increasing number of beliefs, the case may not necessarily be all it first appears.

 

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Need to ensure free flow of information during an investigation reinforced by the Employment Appeal Tribunal

The Employment Appeal Tribunal (“EAT”) recently utilised the findings in the Jhuti case to uphold a claim for unfair dismissal. In Jhuti, the Supreme Court found that where there is a hidden reason for a dismissal it will be held to be the reason for the dismissal irrespective of the fact that the decision maker had an alternative admissible reason in mind. Accordingly, the dismissal will be automatically unfair even though the decision maker has acted in good faith. In that instance, there was an element of deliberate manipulation of the information made available to the investigating officer, which was not the case in the matter put before the EAT in this instance. However, the EAT still applied the reasoning of the Supreme Court in Uddin v. London Borough of Ealing. The matter concerned an employee dismissed for alleged sexual misconduct. The Claimant, a 43 year-old man, had been accused of sexual misconduct in relation to a 26 year-old female student who was on a three-month placement.

 

 

Employment Changes coming up in 2020!

April tends to be a busy and stressful time of the year for many businesses who have the end of their financial year around this time, multiple employees on annual leave over the Easter holidays, together with changes to make in line with new legislation - particularly in respect of your employees!

Be prepared - April 2020 is going to bring a lot of change to Employment Law and there is nothing like being prepared and ahead of the game in business! In order to assist, we have rounded up the key changes that employers need to be aware of and in particular, those that will impact on the construction industry.

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The content of this e-alert is merely informative and should not be relied upon as a substitute for legal advice