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Articles by Nic Hart
Another Turning Point for UK Employment Law: Strengthened Trade Union Access Rights
The UK government’s Employment Rights Bill is set to redefine the relationship between trade unions and employers. It promises the most significant upgrade to union rights in a generation – granting both physical and digital access to workplaces, streamlining recognition, and strengthening protections for representatives. đź“Ť Key reforms include: New statutory rights for union officials to meet, recruit, and represent workers on-site and via digital platforms.
Direct Offers and Dangerous Waters: What Employers Need to Know About Section 145B TULRCA
The hidden danger in skipping union negotiations? £4.8 million in damages. Section 145B of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) is more than just legal fine print – it’s a serious compliance issue with major financial consequences. This provision protects collective bargaining by prohibiting employers from making direct offers to union members if the main purpose is to bypass agreed negotiation processes (known as the “prohibited result”).
A Revolution in Trade Union Rights
The UK Labour government’s proposed trade union legislation, encapsulated within the Employment Rights Bill and the broader “New Deal for Working People,” represents a significant overhaul of employment law, aiming to enhance workers’ rights and, particularly, to strengthen trade unions. These reforms represent a decisive shift towards collective labour rights after several decades of liberalised employment regulation.
U.K. BRP Card Holders Can Now Apply For eVisas
On 6 August 2024, the Home Office of the United Kingdom announced that all current biometric resident permit (BRP) card holders can now apply for their electronic visas online. The eVisa is replacing the hard copy BRP cards that were issued in the past. Before, only BRP card holders who received a personal invitation from the Home Office or those whose visa application approval email included specific instructions to do so were eligible to apply for an eVisa.
U.K. BRP Card Holders Can Now Apply for eVisas
On 6 August 2024, the Home Office of the United Kingdom announced that all current biometric resident permit (BRP) card holders can now apply for their electronic visas online. The eVisa is replacing the hard copy BRP cards that were issued in the past. Before, only BRP card holders who received a personal invitation from the Home Office or those whose visa application approval email included specific instructions to do so were eligible to apply for an eVisa.
Avoid Getting Stuck in Employment Tribunal’s Backlog by Resolving Cases Early
With public services seeking to catch up on waiting lists, it seemed timely to provide an update regarding the ongoing backlog of employment tribunal cases. A statistical data set published on 13 February 2023 by the HM Courts & Tribunals Service reported that there are more than 50,000 live cases awaiting a hearing or decision. This figure is a 7 percent increase from the December 2021 figure of 47,041.
Avoid Getting Stuck in Employment Tribunal’s Backlog by Resolving Cases Early
With public services seeking to catch up on waiting lists, it seemed timely to provide an update regarding the ongoing backlog of employment tribunal cases. A statistical data set published on 13 February 2023 by the HM Courts & Tribunals Service reported that there are more than 50,000 live cases awaiting a hearing or decision. This figure is a 7 percent increase from the December 2021 figure of 47,041.
Social Security Benefits: Increases to Statutory Payments
On 14 March 2023, the Social Security Benefits Up-rating Order 2023 made increases to the rate of payment for statutory sick pay (SSP) as well as statutory maternity, paternity, adoption, shared parental and parental bereavement pay. The new rates are as follows: SSP: £99.35 to £109.40. Statutory maternity, paternity, adoption, shared parental and parental bereavement: £156.66 to £172.48.
UK Takes Lead On Gender Equality At G7, Extends Gender Pay Gap Reporting At Home
UK: UK Takes Lead On Gender Equality At G7, Extends Gender Pay Gap Reporting At Home 26 March 2021 by Nic Hart and Alice Head Duane Morris LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. On 8 March 2021, the UK government announced the creation of the Gender Equality Advisory Council (GEAC) to lead the nation's gender equality work at the G7.
Deliveroo IPO raises questions around worker rights and dual class share structures | Lexology
Summary Several fund managers have elected not to participate in Deliveroo Holdings plc’s (Deliveroo) impending initial public offering (IPO), with concerns over the company’s treatment of workers and the dual class share structure. The roster includes Legal and General Investment Management, which is the UK’s largest fund manager with £1.3tn of assets under management.
They think it’s all over - it is now! COVID-19: Furlough and Holiday Update April 20th 2020 | Lexology
United Kingdom, USA
April 20 2020 Good evening. I am hopeful that this is the last “ COVID-19 UK Furlough” update you will receive…from me at least! HMRC has now provided us with some much needed clarity on taking annual leave while on furlough. This has been an update to the Employees Guidance, not the Employers Guidance (as at the time of this email). Put simply it states; An employee can take holiday whilst on furlough leave.
Dismissed Cohabiting Employee Not Directly Discriminated Against | Lexology
United Kingdom
February 20 2019 In the case of Gan Menachem Hendon Limited v De Groen, the Employment Appeal Tribunal (EAT) established that an employee was not directly discriminated against because of her religion or belief when she was dismissed on discovery that she was cohabiting with her boyfriend. This practice conflicted with the ultra-orthodox beliefs of the nursery’s management.
A New Year Update | Lexology
It’s a New Year! In this update, we look forward to what 2019 may have in store and summarise some developments from the very end of 2018. But first we consider some 2018 highlights.
Implied Term Not to Dismiss Employee Entitled to Long-Term Disability Benefits | Lexology
The Employment Appeal Tribunal’s decision in Awan v ICTS is a very important decision for employers who provide long-term disability benefits (such as those provided under a permanent health insurance scheme) to their employees. In this update, we detail the facts of the case and outline what it means for employers. Facts Mr Awan worked for American Airlines as a Security Agent at Heathrow Airport. He was later promoted to the position of International Security Co-ordinator.
A Reintroduction of Employment Tribunal Fees? | Lexology
Last year, the employment tribunal fees regime introduced in 2013 was declared unlawful by the Supreme Court. We reported on the Supreme Court’s judgment. However, the Ministry of Justice has confirmed that it may seek to reintroduce fees for employment tribunal claims. It is, apparently, confident that a “progressive” fees regime can be found that will not deny access to justice but will help to fund the court system.
Part-time Worker Less Favourably Treated Where Paid 50% of Full Pay for 53.5% of Full-time Hours | Lexology
In this short update, we cover the Court of Appeal’s decision in British Airways Plc v Pinaud. The case covers the law relating to part-time workers and is a very important test case - 628 similar employment tribunal claims against British Airways Plc by cabin crew have been stayed pending its outcome.
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