May 2018

Welcome

Hello, we would like to share with you the latest news within Cluer HR, as well as keeping you up to date with developments in the world of HR and employment law as they occur.

It’s all part of the service. We hope you find it useful. Your comments and suggestions are always welcome.

Staying On Top Of Visas

Image credit: Ben Shahn, Photographer, Farm Security Administration

There’s been a lot of interest lately on the options available to companies and organisations that employ immigrants whose UK working visas are soon to expire.

It’s a criminal offence for a UK business to knowingly employ a person who requires, but lacks, immigration permission, carrying a maximum two year prison sentence and an unlimited fine for employers.
However, if it comes to light that a company has an employee who is no longer permitted to work in the UK, employers must carefully consider all of the facts and options available to proceed in a law-abiding manner.
Our owner, Kirsten, recently spoke to Elite Business Magazine on the options available to employers and what they can do, should they find themselves in such a situation.

To read the full article, click here.

Dismissal & Disability

Image credit: John Donges, Nikon D600

Mr Grosset, a teacher with cystic fibrosis, made headlines recently when he was dismissed for gross misconduct after showing an 18-rated film to vulnerable adolescents.

He asserted this was an error of judgment arising from stress which was linked to his disability.

This raised eyebrows as to whether a dismissal can amount to unfavourable treatment under section 15 of the Equality Act 2010, if the employer did not know that the disability was connected to the misconduct.

Well, as we found out in City of York Council v Grosset, the answer is yes!

The Court of Appeal held there was no inconsistency between the rejection of the unfair dismissal claim and the upholding of the section 15 claim. The tribunal was entitled to find that dismissal was a disproportionate response.

Direct Discrimination

Another recent case at the Employment Appeal Tribunal concluded that a Moroccan Muslim employee being asked whether he “still supported Islamic State”, did not amount to direct discrimination nor harassment related to race or religion.

In Bakkali v GMB (South) Ltd, Mr Bakkali had a conversation with another bus driver about Islamic State fighters and relayed comments made by a German journalist about them being good fighters and managing to run the country.

It was at this moment the other driver subsequently approached Mr Bakkali and asked, “are you still promoting IS?”.

The tribunal rejected Mr Bakkali’s claims for direct discrimination and harassment, holding that this remark was because of the previous conversation and was not ‘because of’ nor ‘related to’ Mr Bakkali’s religion or race.

Cluer HR Blog

Image credit: Seagulls hovering hopefully as the Norwegian fisherman in Scotland gut fish ready for the market, 1941-43 by Norwegian Official.

In our most recent blog, we looked at how employers can effectively handle workplace harassment.

Harassment in the workplace can take many forms including violating a staff member’s dignity, to creating an intimidating, hostile, degrading, humiliating or offensive environment.

An employer should strive towards creating an environment of respect and open communication. However, harassment in the workplace still occurs on a regular basis, so we look at how an employer can resolve the situation to meet a conclusion that satisfies all parties involved.

You can read the full blog here

And finally…

Image credit: WOCinTech (Microsoft) – 48,Women of color in Tech/Chat Stock Images

Today is the day that the new GDPR legislation comes into force, meaning that privacy notices must be issued to existing and new employees. As we’re sure you are all aware by now, the notices must provide them with information on the processing of their personal data.

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