This case is about domestic workers and asks: Can a contract tainted by illegality prevent an employee from bringing an employment tribunal claim? Ms Okedina, the Respondent, was a Malawian national who lived and worked in the UK. Ms Chikale, the Claimant, had worked for the Respondent in Malawi looking after the Respondent’s parents. The […]
At the time of writing (Wednesday, 27th March) we are still in the E.U. and it is still uncertain whether it will be deal or no deal (or an extension). Regardless of what happens, the Home Office has rolled out its Application Portal for EU residents to apply for settled status to indefinitely remain in […]
Hello and welcome back to your weekly case law update. Regrettably, football isn’t coming home, World Cup fever is over and we return to the drudgery of cabinet resignations and Brexit negotiations. Speaking of Brexit, we have a case that will have a lot more relevance if we do not have freedom of movement post-leave. […]
Hello and welcome back to penultimate update of the year (gasp/cheers/sobs). Last week we looked at race discrimination and constructive dismissal. This week we are again looking at race discrimination but this time it is linked to right to work checks. Olatinwo v QualityCourse Ltd T/A Transline Group When checking whether an applicant […]
As stated earlier, last week we looked at a case concerning rest breaks against Abellio London Ltd. This week there is an ET decision involving the same employer, however, this time they won their case. In Baker v Abellio London Ltd, Mr Baker was a Jamaican born UK resident employed by Abellio. During immigration status checks […]
The recent case of Nayak v Royal Mail established what employers should do if they think an employee doesn’t have the right to work in the UK. This month Byron Burger attracted heavy criticism using a training session as a ruse to dupe kitchen staff into a UK Border Force trap. This resulted in the arrest of […]
Those of you attended our seminar will know that recent changes to immigration policy will impact companies’ abilities to recruit foreign workers. Any company who wishes to advertise vacancies abroad (including in the E.U) will have to advertise in the U.K before or at the same time as advertising abroad. Furthermore tier two (non E.U) […]
In this case at the EAT, the EAT considered whether a Tribunal sitting in England could determine various complaints including unfair dismissal, discrimination and unauthorised deductions from wages made by an employee: Of Pakistani origin. Employed by a Hong Kong Company whose parent company was an Australian Company. Whose normal base was in Hong Kong. […]
