Government Moves Closer to Paid Bereavement Leave

Government Moves Closer to Paid Bereavement Leave

Employment law provides a structural mechanism to help employees deal with many significant life events: sick pay during times of illness, maternity leave and pay when an employee has a baby, for example. Until now, however, the Government has avoided creating a minimum set of rights for employees who experience bereavement. A new Bill will change this and for the first time employees will get paid time off to grieve. Current Position on Bereavement Leave Employers are currently able to set their own rules on bereavement leave and pay for their employees because of an absence of law in this area. Because of that, contractual entitlements differ from organisation to organisation. Many use their discretion in individual circumstances depending on various factors including the relationship of the employee to the person who has died. There are already special provisions within laws on maternity leave which allow a mother to still take all of her maternity leave in the event that her child is...
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When A Visa Expires: Handling ‘Right To Work’ Dismissals

When A Visa Expires: Handling ‘Right To Work’ Dismissals

Recent re-enforcement of the rules on preventing illegal working confirms the Government’s stance on getting tough on those who do not have the right to work in the UK as well as employers who employ them. It is unlawful to employ someone who does not have the right to work in the UK and so employers must implement robust checking procedures. Pressure on employers to keep on top of immigration status is high and this can sometimes lead them to make the wrong decision in haste. What should employers do to avoid fines of up to £20,000 per illegal worker? What does an employer need to check? UK Visas and Immigration are responsible for enforcing laws in relation to illegal workers. It publishes a list of documents that prospective employees must produce to employers as evidence of their right to work in the UK which should be checked prior to the start of employment. The particular document produced will dictate whether any...
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Can Employees Working Abroad Make A Claim In Great Britain?

Can Employees Working Abroad Make A Claim In Great Britain?

Advances in technology and travel make the possibility of international work much more common and British employees are regularly posted abroad temporarily or permanently for work. Alternatively, British employers are recruiting foreign employees to work in their native country. When the relationship goes sour and Employment Tribunal claims are made, it must first be decided whether the GB courts have the jurisdiction to hear the claim. Several cases have dealt with this issue, with differing results. “Sufficiently Strong Link” Whether the determination of an employment dispute comes within the remit of the British Court is usually fairly simply to determine where the circumstances involve an employer and employee both based in Britain.  However, modern employment practices mean that there are more and more instances involving overseas employment where the ability to make a claim in Britain is in question. The main test that must be applied to the facts of the case is usually whether the employment has a sufficiently strong link...
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What Lies Ahead for Employment Rights: Review Underway

What Lies Ahead for Employment Rights: Review Underway

The recent spotlight on working conditions in businesses such as Sports Direct and Asos – where the employer relies heavily on a flexible workforce – and the subsequent criticism of their practices prompted the Government to call an official enquiry into what it calls ‘modern employment practices’. Former Labour Party adviser, Matthew Taylor, was asked to head the enquiry into the balance of the desired flexibility and workers’ basic employment needs. Government identifies need for review Last year, Sports Direct owner Mike Ashley was asked to attend a Government Select Committee to respond to reports about ‘Victorian workhouse’ conditions at his warehouse in Derbyshire. Amidst claims that the health and safety of his staff was sometimes compromised, his heavy reliance on zero hours contracts was a particular focus for criticism. Against the backdrop of other similar stories, the Government was moved to undertake an analysis of the current reality of modern flexible work practices and whether this undermines the application of employment...
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