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

Consultation on extending redundancy protection for women and new parents

The Government is consulting on whether to extend the current legal protection from redundancy for women on maternity leave to include women who have told their employer that they are pregnant, women who have returned to work after maternity leave (for up to six months) and new parents on other types of parental leave.

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Whistleblowing:  Alleging a breach of a tortious duty, such as the duty not to defame, can form the basis of a protected disclosure

The Employment Appeal Tribunal has held that an allegation that there has been a breach of a tortious duty, such as the duty not to defame, amounts to an allegation of a breach of a legal obligation for the purpose of bringing a whistleblowing claim (Ibrahim v HCA International Ltd UKEAT 010518)

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Unfair dismissal: Withholding evidence from a disciplinary panel did not cause a dismissal to be unfair

The EAT has held that a teacher received a fair disciplinary hearing, despite the fact the employer had failed to disclose certain evidence to the disciplinary panel. The EAT found that the employer had conducted an adequate investigation, even in light of the career-changing impact of the allegations on the teacher and the higher standard of investigation that was therefore required (Hargreaves v Governing Body of Manchester Grammar School, UKEAT/0048/18/DA).

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Holiday pay: ECJ rules on impact of short-time working and overtime

In a recent German case, the ECJ ruled that periods of short-time working – where the employee is employed but not working – can reduce a worker's annual leave entitlement below 4 weeks. However, the worker remains entitled to be paid "normal pay" for the leave they have accrued. 

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Employment status: EAT finds that Addison Lee drivers are workers

The EAT has confirmed that the Employment Tribunal came to the right conclusion in finding that three private hire drivers were workers rather than self-employed contractors, with the result that the drivers were entitled to holiday pay and the National Minimum Wage (Addison Lee v Lange and ors, UKEAT/0037/18/BA).

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The Taylor Review of Modern Working Practices: The Government's Good Work Plan

In our fourth article on the Taylor Review of Modern Working Practices, we consider the Government's Good Work Plan which was published on 17 December 2018 and the new legislation that is being introduced to implement the reforms that the Government will be taking forward.

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The Immigration status of EU nationals in the event of "no deal"

Our immigration team consider the recent guidance issued by the Home Office for EU nationals which sets out their options in relation to living, studying or working in the UK if there's a no-deal Brexit. 

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What's on the horizon?

What's on the horizon for employment lawyers and HR professionals for 2019. Our horizon scanner rounds up the key legislative developments and cases of interest.

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Personal Service Companies - Tax changes

HM Revenue & Customs (HMRC) has, for a number of years, sought to combat the perceived tax avoidance of workers supplying their services to clients through an intermediary (such as a "personal service company" (PSC)). As the use of PSCs has increased over the years, so has HMRC's scrutiny of such arrangements. Read our article covering the changes and what companies should be doing now. 

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