Welcome to the April edition of Up to Date. Read on for a roundup of the latest news and developments in relation to employment and immigration.


Court of Appeal provides guidance on handling disciplinary proceedings where there is an ongoing criminal or regulatory investigation

The Court of Appeal has held that employers do not have to postpone disciplinary proceedings to wait for the outcome of criminal or regulatory investigations. However, employees must receive full pay during any period of suspension unless there is an express contractual right to withhold it or exceptional circumstances (such as a complete or part admission of guilt) (North West Anglia NHS Foundation Trust v Gregg (2019) CA)

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HMRC launches consultation on proposed changes to IR35

The government has published a consultation document on proposed changes to the off-payroll working rules which will take effect from April 2020. The consultation is open for comments until 28 May 2019.

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When is an employee in breach of the duties of fidelity, trust and confidence?

In the recent case of Argus Media Limited v Mr Mounir Halim [2019] EWHC 42 (QB) the High Court has provided helpful guidance as to the type of behaviour and factors the Court will consider when finding an employee to be in breach of the duties of fidelity, trust and confidence.

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Compensation for failure to provide rest breaks can include an award for personal injury

In Grange v Abellio London Ltd UKEAT/0304/17/JOJ, the Employment Appeal Tribunal has ruled that compensation for failure to provide adequate rest breaks pursuant to the Working Time Regulations can include an award for personal injury

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Belief in Scottish independence can be considered a philosophical belief

An Employment Tribunal has reaffirmed its previous decision that a belief in Scottish independence can be considered a philosophical belief for the purposes of protection from discrimination under the Equality Act 2010. The judgment has not been published, but the case has been widely reported (McEleny v Ministry of Defence, ET, 2019)

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Helen Almond

Helen Almond

Senior Knowledge Lawyer, Employment & Incentives
Manchester

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