One of the biggest Brexit issues is the impact on the freedom of movement of all EU nationals and the status of existing EU residents. To resolve this the Government has launched the settled status scheme to allow EU nationals to apply for the right to remain in the UK post Brexit. Two types of […]
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 […]
Since Britain voted out of the EU in June 2016, we have always maintained the view that until told otherwise very little will change for EU/UK relations until the exit negotiations conclude. The first pre-Brexit change could be implemented after the election after the Conservatives announced plans to cut net migration to fewer than 100,000 […]
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) […]
