The Good Work Plan

The Government has published its Good Work Plan. This sets out a number of changes to employment law designed to offer more protection for agency workers, zero-hours workers and others with atypical working arrangements. The Good Work Plan is the Government’s latest response to the recommendations made by the Taylor Review of Modern Working Practices which was published in July 2017.

EU IMMIGRATION – THE CURRENT STATE OF PLAY

The EU Settlement Scheme is now partially open and is expected to open fully to all EU nationals who are resident in the UK, on 29 March 2019.  Under this scheme, those who meet the requirements of 5 years’ continuous residence can apply for ‘Settled Status’ in the period up to the deadline (note the potential for the current deadline to change, set out below).

Private Sector Consultation on IR35 Closes

The IR35 rules, introduced in 2000, are aimed at reducing tax avoidance by contractors who provide their services via personal service companies. In broad terms, these rules seek to establish whether those classed as self-employed should actually be deemed to be employees for the purposes of paying tax. HMRC has been concerned for some time that many personal service companies who should be applying the IR35 rules do not.

Employment Tribunal Statistics Published by The Ministry of Justice

New employment tribunal statistics for the quarter April to June 2018 have recently been published by the Ministry of Justice. The number of single claims lodged during this period increased by 165% compared with the same period in 2017, and the number of multiple claims increased by 344% (we understand that this sharp increase was due to a large multiple airline claim being commenced during this period).

Brexit and The EU Settlement Scheme

Earlier this month, it was widely reported that Theresa May has confirmed that EU workers will lose their ‘priority status’ after Brexit. It is already the case that the citizens of some non-EEA countries must obtain leave to enter and remain under the points-based system. Most employers come across this in two ways: 1) whilst conducting the required right to work checks for new employees; and/or 2) in relation to the sponsorship of migrants under Tier 2 (highly skilled, long term workers) or Tier 5 (highly skilled temporary workers).

Royal Mail v Jhuti

The fairness of a dismissal depends on what the decision maker knew at the time of dismissal.   
In the case of Royal Mail Ltd v Jhuti, the Court of Appeal has confirmed that an employee could not have been automatically unfairly dismissed for making a protected disclosure if the person dismissing the employee was not aware, or was ignorant, of such disclosures.