In this newsletter we look at the latest legislation updates covering Holiday Pay Calculation and Recruiting Tier 4 Students, along with recent rulings from the courts, along with the Employment Right to Work Checking Service.

We hope you find this newsletter informative and helpful, if you would like more information on any aspect please contact us. Don’t forget to take a look at our website to see the full range of our services.

From basic Contracts of Employment to a fully Outsourced HR service we can help. If you would like to know more about any of our support, consultancy, and training services, and see how we can help you, please visit our website or contact us at info@connectivebusiness.co.uk to arrange a Free no-obligation consultation.

To get the latest case law updates follow us on Twitter (@connectiveMAC)

Legislation Updates

Holiday Pay Calculations
However, the landscape appears to have changed again by the Court of Appeal in Northern Ireland in Chief Constable of Northern Ireland Police v Agnew. In this case, the court decided that if a gap of more than 3 months between deductions broke the chain in the series of deductions it could lead to ‘arbitrary and unfair results’. The court further found that a ‘sufficient similarity of subject matter, such that each event is factually linked with the next … in the alleged series … would be enough to amount to a series of deductions’. Therefore, if the subject matter were holiday pay, and those deductions occurred over a period where the gap between such deductions was more than 3 months did form part of a series of deductions. Although the Agnew case, relates to the Employment Rights (Northern Ireland) Order 1996 (ERO) rather than the ERA, it is not formally binding on employment tribunals in Great Britain. However, the wording of the ERO and the ERA where is related to unlawful deductions is identical and arguably as Agnew was decided by a higher court it will be persuasive when employment tribunals consider a series of deductions.

Immigration: Recruiting Tier 4 Students
Following changes to the Immigration Rules from 30 March 2019, it is now possible for Tier 4 Students to apply for their Tier 2 visa up to 3 months before they complete their bachelor’s or master’s course, so long as they have an academic reference from their university. This must be on official headed paper, signed by an authorised official and must confirm the student’s name, the course title/award, duration and the expected date when the student will have taken all exams and submitted all academic papers. This change will enable graduates to get visa applications submitted earlier, so long as their employer is happy to provide a Certificate of Sponsorship and incur the costs of sponsorship before they have confirmation that the individual has actually been successful in obtaining the qualification in question.

Training Events

Operational Managers are key to a Company’s success, and how they work with and manage their teams is an essential part of this. We provide the following training courses to help Managers deal with issues and people correctly to enhance your business.
• Managing Discipline & Grievance
• Managers Guide to Handling Stress
• Influencing Styles and Persuasive Negotiating
• Managing Conflict
• Managing Performance
• Managing Attendance
All of our courses can be tailored to suit your exact needs and delivered at your premises if required.

Our ½ day Managing Performance course is designed to:
• Guide and support managers on how to effectively manage their employees / teams performance;
• Assist managers with setting clear objectives, essential to the contribution of the overall objectives and direction of the team and organisation, including the review and appraisal process;
• Help managers deal effectively with poor performance, best practice and case studies to facilitate understanding.

The course supports managers who have responsibility for the performance management of employees within the workplace, guiding the manager through setting clear objectives and targets. The course utilises the most appropriate performance management tools for staff retention and development. promoting the manager’s understanding of their responsibilities for dealing with poor performance and the appropriate processes /steps to follow, emphasising the need for proactive performance management within the workplace and the Managers role in lessening the impacts this has on the organisation..

More details on each of the training courses can be found on our website.

Partner Services

We have established key partnerships to enable us to provide a rounded ‘people’ solution to our clients, including:
• Occupational Health services;
• HR Software.
• Health Insurance and Staff Healthcare Benefits;

We also have a number of other Associate Partners whose services we have used ourselves and also recommend, covering:
• Legal Services;
• Financial Services;
• IT services;
• Insurance Services;
• Health and Safety.
and more. Visit our website to see full information on our partners and services.

Helpful Hints & Tips – Employment Right to Work Checking Service

Employers are able to solely rely on a voluntary online Right to Work Checking Service to demonstrate compliance with illegal working legislation. Individuals will be able to authorise their current or prospective employer to conduct the check and will be able to view the information to be shared.

The service can be used by non-EEA nationals who hold biometric residence permits or biometric residence cards and EEA nationals (i.e. EU citizens and citizens of Iceland, Liechtenstein and Norway) who have been granted immigration status under the EU Settlement Scheme. EU nationals who have not been granted status under the EU Settlement Scheme will need to demonstrate their right to work using the appropriate documents after 2020.

It should be noted that the current ‘right to work’ checks for EEA nationals (e.g. a passport and/or EU or EEA national ID card) continue to apply until the end of 2020. There will be no change to the rights and status of EU or EEA citizens living in the UK, or requirement for EU or EEA citizens to demonstrate settled status under the EU Settlement Scheme until 2021.

When conducting right to work checks, employers can also accept short-form birth and adoption certificates (which, unlike long-form birth or adoption certificates, can be obtained free of charge) together with a National Insurance number. This change will make it easier for British citizens who do not hold a passport to demonstrate their right to work.