Monthly Archives

August 2018

Failure to offer alternatives to those at risk of redundancy…

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A midwife has won £5,000 compensation following a claim that her employer failed to inform her of potential vacancies and positions she could apply for whilst her role was at risk of redundancy when she was on maternity leave.  Although the company claimed it had offered alternatives and stated that any oversights were unintentional the judge held in favour of the claimant, Naomi Leigh-Poole.


When working through redundancies always remember those absent from the business.  Ensure consistency in consultation and have an audit trail of; alternative roles offered, recruitment freezes and that you have considered and possibly instigated “bumping”.

Government consultations which are currently open to you for your input!  Don’t miss out, have your say!!!

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Of particular interest to the transport and delivery service sectors please visit the following for opportunity to input before 10th September:


A call for evidence on the opportunities available to deliver goods more sustainably.

This consultation closes at 11:45pm on 10 September 2018


Consultation description

“This call for evidence will allow us to improve our understanding of the scale of opportunity as well as some of the current barriers to delivering goods more sustainably.

The call for evidence will explore:

  • how electrically powered e-vans, micro vehicles and e-cargo bikes can provide better service to customers for cargo in comparison to light commercial vehicles
  • the scale of the potential environmental and other benefits
  • the barriers to sustainable last mile delivery
  • what incentives might be appropriate to encourage a large-scale shift to clean, last-mile delivery options
  • measures to improve logistical efficiency (e.g. urban consolidation centres / hubs)


The call for evidence builds on the government’s Road to Zero Strategy which forms an important part of government’s work on the Future of Mobility Grand Challenge.  This is considering how emerging technologies and services can be used to address a range of transport challenges”.

Call for A new approach to Immigration following Brexit

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The Confederation of British Industry (CBI) has called on Government to consider radical changes following Brexit to ensure businesses are able to obtain the workers required whether EU residents of UK Nationals.  The data rich study identifies minimum sector workforce requirements and puts forwards recommendations.

EU Settlement Scheme: employer toolkit:

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Headline stories this week raise the question as to whether businesses are aware of the implications of Brexit on foreign nationals working for their organisations.  For assistance regarding the status of foreign nationals and understanding the settlement process, Gov.UK have published a Toolkit for employers to give the right tools and information to support EU citizens and their families on the EU Settlement Scheme.

Judicial review granted: de facto employer and contracted out staff

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The Independent Workers Union of Great Britain (IWGB) has been granted a judicial review before the High Court.  The review is in light of the Central Arbitration Committee (CAC) denying IWGB a hearing for an application for trade union recognition with the University of London.

This case centres around contracted out staff joining together to request collective bargaining powers with their de facto employer.  In this instance a mix of outsourced workers including cleaners and post-room are seeking to improve their rights.  Currently union recognition is only afforded to unions representing direct employees of businesses.

We will keep you posted with updates as this case progresses…………

Government Consultation: Have your say!

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Labour Market Enforcement Strategy 2019 to 2020: call for evidence

Published 27 July 2018 from BEIS and Home Office.

Consultation closes at 11:45pm on 28 September 2018


Consultation description

This call for evidence sets out the main issues and questions on which Sir David Metcalf, the Director of Labour Market Enforcement, would like to receive evidence for his 2019 to 2020 strategy.


The main topics covered in this call for evidence are:

  • focus on 3 sectors: hotels, restaurants and food services, warehousing
  • use of labour market enforcement bodies’ additional resources and impact
  • use of compliance approaches to enforcement
  • joint working between the state enforcement bodies


The Director has overarching responsibility for setting the strategic direction of the three labour market enforcement bodies:

  1. HMRC National Minimum Wage/National Living Wage (NMW/NLW),
  2. Gangmasters and Labour Abuse Authority (GLAA) and
  3. Employment Agency Standards (EAS).


Although for the most part employers comply with employment regulations and the law, there remain some problem areas where minimum standards in the labour market are not fully applied or enforced.  The Directors primary focus involves rights being enforced directly via the state bodies discussed above.

Annual leave – call for toughening up…

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Amidst the Trade Unions Congress (TUC) claim that their research shows “that 2.2 million working people are getting fewer paid holidays than they are entitled to – and of this number 1.2 million are getting no paid holidays at all” there is a call to Government to toughen up on employers who fail to ensure leave can be taken or indeed is allocated correctly in the first instance.

The most likely of the surveyed to be missing out:

  1. Agricultural workers – 14.9%
  2. Mining and quarrying – 14.7%
  3. Accommodation and food -13.9%

Watch this space for updates….