MPs to consider whether unpaid trial shifts should be made illegal

MPs to consider whether unpaid trial shifts should be made illegal

Several MPs led by SNP MP Stewart McDonald are proposing that unpaid trial shifts should be banned and made illegal. The Unpaid Trial Work Periods (Prohibition) Bill seeks to make all unpaid trial shifts (used primarily to determine whether or not a prospective employee has the necessary requirements for a position) illegal and suggest that potential staff should be at the very least offered minimum wage for any work undertaken. Should the bill be passed, employers will need to detail exactly how many roles are available, agree to provide feedback following the trial, provide a job description and inform all applicants how long the trial period will last. The bill has received huge support, including from the likes of Union Unite who state that within the hospitality section there were several organisations using trial shifts regularly, even one forcing new employees to carry out 40 hours of training. MP Stewart McDonald claimed that the current law around trials shifts was ineffective and businesses were...
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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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