In this issue: Brexit: first Court hearing on Article 50 challenge; Brexit: What is the status of EU nationals in a post-referendum UK?; Brexit: the Pensions Regulator's key messages following the Brexit vote and more...
First court hearing on Article 50 Challenge
As most readers will know by now, the referendum result (in which a majority of the British public voted to leave the EU) does not operate to terminate the UK's membership of the EU. The legal mechanism for this to happen is set out in Article 50 of the Treaty on European Union, which requires a member state to give notice to the European Council of its intention to leave the EU (Notice).
Brexit: What is the status of EU nationals in a post-referendum UK?
The Government has issued a statement which aims to reassure EU nationals living and working in the UK (and also UK citizens living in other EU member states) that there has been no immediate change to their immigration status following the recent EU referendum. The statement underlines that no such change can take place until Article 50 has been triggered and the resulting negotiations concluded. This is because, until such time as the UK formally leaves the EU, the UK remains a member and is bound by its obligations to ensure the free movement of people in the usual way.
Brexit: the Pensions Regulator's key messages following the Brexit vote
The Pensions Regulator (TPR) has issued a statement setting out the approach which it expects pension trustees to take in the light of the recent vote to leave
Acas Code did not apply to SOSR dismissal for breakdown of working relationship
The EAT has ruled that the Acas Code of Practice on Disciplinary and Grievance Procedures (Code) does not apply where there is a dismissal for some other substantial reason (SOSR) if the dismissal is attributable to an irretrievable breakdown in the working relationship. Accordingly, the Tribunal may not apply an uplift on unfair dismissal awards in such circumstances. To do so goes beyond Parliament's intention; for the sanction to apply for SOSR dismissals, such authority must be explicitly stated in the Code (Phoenix House Ltd v Stockman and another).
The Data Protection Act - a useful weapon against bad employees?
For many businesses today, information is their most valuable asset. The stated purpose of the Data Protection Act 1998 ("DPA") is to ensure that organisations, business and the government keep personal data secure and process it fairly and lawfully. It is perhaps not surprising, therefore, that organisations tend to view the DPA as legislation with which they must comply or face the consequences. It can, however, be a useful weapon in an organisation's armoury against bad employees.
Consultations, calls for evidence and surveys affecting employment law
A regular feature of our Up to date briefing is to keep you appraised of open consultations, calls for evidence and surveys affecting the employment law arena. If you would like us to respond on your behalf, please let us know. We set out below details and links to the consultations, calls for evidence and survey documents which may be of interest to in-house employment lawyers and HR professionals.