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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.

 

https://www.gov.uk/government/publications/eu-settlement-scheme-employer-toolkit

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….

If a worker is on “sleep-in” shift are they entitled to National Minimum Wage for hours when they are asleep?

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If a worker is on “sleep-in” shift are they entitled to National Minimum Wage for hours when they are asleep?

Mencap has won a Court of Appeal case whereby it has been decided that only hours where a member of staff is awake, and required to be awake, for a specific task are counted as working hours for the purposes of National Minimum Wage.

If you haven’t received a claim in 3 months following dismissal are you in the clear?

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No and here’s why…

  1. They are entitled to a further month for Early Conciliation (which you may not be aware of)
  2. Some exceptional claims eg. discrimination may be given a longer period at the Tribunal Judges’ discretion
  3. Personal injury claims can be brought within 3 years of the accident/injury
  4. Breach of contract claims can be brought with in 6 years of the breach

GDPR guidance provided by Elcons, get in touch today!

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GDPR comes in on the 25th May so ensure your data protection processes and documentation are up to date as there are quite a few changes for employers to be aware of!

Elcons can assist you with documentation and guidance including Privacy Notices, Policies and information of Data Subject Access requests (which are becoming very commonly requested).

Contact us for more information.