NHS
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civil service
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local government
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teachers
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police
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armed forces
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judiciary
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fire and rescue workers.
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The Chief Secretary said that continuing to resist the full implications of the judgment in Court would only add to the uncertainty experienced by members.
The matter will be remitted to the Employment Tribunal in respect of the litigants in the firefighters and judicial pension schemes. It will be for the Tribunal to determine a remedy. Alongside this process, government will be engaging with employer and member representatives, as well as the devolved administrations, to help inform government proposals to the Tribunal and in respect of the other public service pension schemes.
Initial estimates suggest remedying the discrimination will add around £4bn per annum to scheme liabilities from 2015.
The Chief Secretary ended her letter confirming that the reasons for the 2015 reforms remain:
“that public service pensions are a significant cost for the taxpayer, now and in the future.”
And that the judgment does not alter the government’s commitment to ensuring that the cost of public service pensions are affordable for taxpayers and sustainable for the long term.
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The impact of the immigration rules on employment contracts 5 August 2019
The Court of Appeal recently ruled on the enforceability of the employment contract in cases where there has been a breach of immigration rules.
With thanks to Danial Barnett’s Employment Law Bulletin for the summary of this case:
Can an employer rely on a breach of the immigration rules to argue that an employment contract is unenforceable?
No held the Court of Appeal in Okedina v Chikale.
Ms Chikale was a Malawian national who was summarily dismissed as Mrs Okedina's live-in housemaid having been paid a derisory sum for the work done. Mrs Okedina argued that the claims of unfair dismissal and unlawful deduction from wages could not succeed as Ms Chikale was working illegally because her leave to remain had expired. The Court of Appeal held that Immigration Asylum and Nationality Act 2006 was not directed at those working illegally but instead imposed penalties on those who employed people who were. As the employment tribunal had found that Ms Chikale had not knowingly participated in any illegality, there was no reason to deny her a remedy.
The case is worth reading by those interested, for its detailed consideration of the illegality defences.
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Holiday pay calculations for term-time workers 8 August 2019
The Chartered Institute of Payroll Professionals
Payroll: need to know
cipp.org.uk
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