Huw Cooke talks about how to ensure compliance with the new immigration rules and considers what other employment issues might arise out of Brexit. He also looks at the impact of Brexit on existing employment law derived from the EU, as well as how future EU employment directives and case law may affect UK law.
A model policy on recruitment of people with a criminal record, which deals with jobs covered by the Rehabilitation of Offenders Act 1974, jobs that are exempt from the Rehabilitation of Offenders Act 1974 and Disclosure and Barring Service (DBS) checks.
In Badara v Pulse Healthcare Ltd, the Employment Appeal Tribunal held that the employer should not have relied solely on negative Home Office checks when it dismissed the employee for failing to provide right to work documentation.
In R (on the application of P) v Secretary of State for the Home Department and other appeals, the Supreme Court held that the criminal record checks rule requiring disclosure where a person has more than one conviction, regardless of the circumstances of the offences, is incompatible with the European Convention on Human Rights.
In Francis-McGann v West Atlantic UK Ltd, the employment tribunal ordered a pilot to repay £4,725 in training costs after it emerged that he provided a fake reference using the name of a character from Star Wars.