Summary: Can an employer rely on a breach of the immigration rules to argue that an employment contract is unenforceable in claims by employees? No held the Court of Appeal in Okedina v Chikale available here. Facts: Miss Chikale was a Malawi national who was initially employed by Mrs Okedina in Malawi in 2010. Miss…
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What do we already know? Restrictive covenants:  we updated you in our May 2016 Newsletter Government reforms (1): Restrictive covenants – call for evidence on Government plans to launch a call for evidence seeking views on non-compete clauses and that this was due to be launched shortly. Illegal working:  we updated you in our May…
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What do we already know? We updated you in our June 2015 Newsflash Queens speech that the Government proposed to introduce “tougher labour market regulation” to tackle illegal working and exploitation through the Immigration Bill. What’s new? On 12 May 2016, the final step (Royal Assent) was taken in respect of the Immigration Bill meaning…
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Summary: Is an employer’s genuine and reasonable belief that an employee was no longer permitted to work in the UK sufficient to show that a subsequent dismissal was both substantively and procedurally fair? Yes, says the EAT in Nayak v Royal Mail Ltd available here. Background:  It is unlawful to employ an individual who does…
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What do we already know? In our August 2014 Newsflash Guides – (1) Illegal working and (2) Employing the Disabled we let you know that the Government had updated the employer’s guide on the right to work checks; and In our August 2014 Newsletter Data protection: Help with subject access requests we let you know…
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1. Illegal working What do we already know? In our June Newsletter Government reforms (2): Illegal working – Government guidance we updated you that the Government had published guides on the administration of the civil penalty scheme and right to work checks. What’s new? The Government has updated the above employer’s guides. The updated guide…
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What do we already know? In our April Newsletter Government reforms (2) – Illegal working – penalties on the up and our Newsflash Illegal working – code of practice we updated you on: the Government’s draft code of practice to assist employers to avoid unlawful discrimination in pre-employment checks and draft statutory Code of Practice…
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What do we already know? In our recent April Newsletter we updated you on recent Government reforms to prevent the employment of illegal workers:  Government Reforms (1) – Illegal working & discrimination – draft code of practice: we told you that (1) the Government had published a draft code of practice to assist employers to…
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The Government is set to double the civil penalty for employing illegal workers from £10,000 to £20,000 from May 2014. In addition to this, the Government is increasing the maximum fine for employers paying below the minimum wage from £5000 – £20,000. These increases show the Government’s determination to curb an illegal working trend and…
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The Government has published a draft code of practice to assist employers to avoid unlawful discrimination when complying with their duty to carry out pre-employment immigration checks.  The Code of practice for employers: Avoiding unlawful discrimination while preventing illegal working is available here. Although currently in draft the Code is unlikely to change before approval…
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