Blake Morgan's Employment newsletter

Posted by Max Craft on
A warm welcome to Blake Morgan's Spring newsletter, keeping you informed of the latest developments in Employment Law.

We are delighted to announce that Joanne Davies has been appointed the new Head of the Employment, Pensions, Benefits and Immigration (EPBI) team, taking over from Max Craft as he retires from Blake Morgan. A number of you will be sad to see Max go after many years of leading the Blake Lapthorn and then Blake Morgan EPBI practice, but the good news is that for the time being he will continue supporting the team on a consultancy basis amongst a number of other activities he plans to take on in retirement.

As many of you will know, Joanne has been Head of the Employment team in Wales for a number of years. Chambers UK 2017: A Client's guide to the Legal Profession describes her as "very knowledgeable and commercially astute," and "good to deal with - she's very pragmatic and sensible." Max is delighted to be handing over leadership of the team into such capable hands, and we know you will join us in bidding a fond farewell to Max and wishing Joanne every success in her new role.

Last but by no means least, we are thrilled to announce that Oliver Weiss and Rajiv Joshi have both been promoted to Partner with effect from 1 May 2017. Oliver heads up our Employment team in London, and Rajiv is based in our Reading Office. We congratulate them both on very well-deserved promotions.

The changes in our team precede a number of potential changes in the UK with the General Election scheduled for 8 June. In his final article for this newsletter, Max takes a look at what this might mean for employment law below. Could the Election throw a surprise like Brexit? Watch this space.

We enjoyed seeing many of you at our Employment Club seminars in March and the dates for September's seminars are set out below – please do put them in your diary.

We trust you will find all the articles below informative and helpful, and if you would like any further information please do not hesitate to get in touch with your usual Blake Morgan contact.

Looking ahead to the General Election

Brexit may be dominating the headlines but all the political parties are keen to publicise other initiatives. Although the manifestos have not yet been published, announcements have already been made about key policies affecting employment issues.

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Court of Appeal gives guidance on long-term sickness absence dismissal

The Court of Appeal has decided whether it is fair to dismiss an employee who is on long term sick leave and how long they should be expected to wait for the employee to return.

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When does notice of termination take effect? 

Sometimes the exact date of termination of employment has significant implications for payments, statutory rights or pension entitlements. When will notice validly take effect?

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The gig economy – what does the future hold?

The gig economy is booming but concerns about employment status and self-employment practices continue. Research published by the CIPD provides an analysis of the scale of the gig economy and the people involved.

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TUPE: What amounts to incorrect Employee Liability Information?

The Employment Appeal Tribunal has ruled that incorrectly stating a bonus was non-contractual did not breach the obligation to provide "Employee Liability Information" under TUPE Regulations.

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Islamic headscarf ban may not be discriminatory

The European Court of Justice ruled that a ban of visible signs of political, philosophical and religious beliefs will not be direct discrimination if it is applied to the manifestation of beliefs without distinction.

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Supreme Court clarifies the scope of indirect discrimination

Employers need to take care that tests and assessments used for promotion and recruitment are not potentially indirectly discriminatory, as the Supreme Court clarifies indirect discrimination and removes an evidential burden for claimants. 

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Employment Club Seminars

Our Autumn Employment Club seminars take place in September 2017 on the following dates:

  • Cardiff - 12 September
  • Oxford - 13 September
  • Swansea - 14 September
  • Reading - 19 September
  • Southampton - 20 September 

Details of topics will be circulated nearer the time. Please do save the dates in your diaries and we look forward to seeing you. 

Public Sector Network

Please join us at our Cardiff Public Sector Network event on 21 June for a session on the implications of Brexit on Immigration status for EU nationals, where we are now and what might happen in the future. The session will include an update on recent employment law developments and a focus on the topical issue of mental health and employee well-being. Invitations will be sent next week or please contact debra.gers@blakemorgan.co.uk for further information.

About the Authors

Max is a Consultant in our employment team.

Max Craft
Email Max
023 8085 7451

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Joanne is the head of the firm's Employment, Pensions and Immigration group.

Joanne Davies
Email Joanne
029 2068 6121

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