Employment Highlights September 2018

From a legislation and employment updates point of view September was a little quiet. The main points are summarised below.  The key point for me, was clarity around resignation. Having experienced a couple of similar situations myself recently where I’ve advised clients to obtain confirm in writing as to whether their employee had actually resigned, or double checking something where it could be seen as ambiguous it very important, the audit trail and clarity is extremely important.  If you’ve any questions on this, please do contact me – my details are above.

This month, the EAT handed down a decision on ambiguous resignation and termination of employment. It upheld a tribunal decision that an employee’s written notice related to an anticipated internal change of jobs and was not notice of resignation from employment.

The EAT upheld an employment tribunal decision that a salaried partner in an unlimited liability firm was a partner and not an employee. It held that the tribunal was entitled to take the partnership agreement as a starting point before assessing all the facts and circumstances to determine the true agreement between the parties.

Turning to TUPE, the EAT considered whether the removal of a contractual time allowance was void under regulation 4(4) of TUPE. The EAT considered the change valid and upheld the tribunal’s finding that the employer had withdrawn the allowance because it was outdated and unjustified, rather than for reasons related to the transfer. In another case, the EAT held that the transfer of a primary care trust’s public health team to a local authority was the transfer of an “economic entity” and therefore covered by regulation 3(1) of TUPE, rather than falling within the “public administrative authorities” exclusion in regulation 3(5).

In other news, the Migration Advisory Committee (MAC) has published a report with recommendations for the UK’s post-Brexit work immigration system. The recommendations include making it easier for higher-skilled workers to migrate to the UK than lower-skilled workers, giving no preferential treatment for EU citizens for migration to the UK for work and abolishing the current cap on sponsored work visas under Tier 2 (General). The cabinet has reportedly unanimously agreed with the recommendation for a principle of no preferential treatment towards workers from the EU. Lastly, the Law Commission has launched a consultation into jurisdictions of employment tribunals, the EAT and civil courts.

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