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SBP LawAccess all documents on Temporary worker
In this issue: Equality, diversity and inclusion Maternity, parents and carers Trade unions and industrial action TUPE Bribery, modern slavery, tax evasion and fraud Unfair dismissal Settlement Employment Tribunals Immigration Daily and weekly news alerts New and updated content Dates for your diary Trackers New Q&As Equality, diversity and inclusion Temp government worker loses discrimination claim over gender critical views Law360 reports that, in McBride v The Scottish Ministers (ETS/4102841/2023), a temporary worker failed in his case alleging the Scottish Government discriminated against him for holding the belief that sex is immutable, after the tribunal decided he had intentionally provoked colleagues likely to disagree. See Law360: Temp government worker loses discrimination claim over gender critical views. EHRC reports MoD’s apology to former soldier for subjection to racist and sexist abuse The Equality and Human Rights Commission (EHRC) confirmed that the Ministry of Defence (MoD) issued an apology...
For our first overview of HC 1691, concentrating on matters addressed in the EM, see LNB News 05/03/2026 54. Suitability All changes apply to decisions made on or after 26 March 2026. Extension of para SUI 11.3 to entry clearance applications In a notable development omitted from the EM, the discretionary basis for refusing permission to enter and stay applications at para SUI 11.3—introduced when Part 9 was replaced by Part Suitability on 11 November 2025—has now been extended to entry clearance applications. As set out in the Practice Note: Suitability grounds for refusal and cancellation of permission, this provides the Home Office with an additional basis to refuse an entry clearance application where an individual is, or has been, in breach of immigration laws, even if the mandatory, time-limited re-entry bans in para SUI 12.1 have expired, and even where the applicant has not taken steps to frustrate immigration controls...
The Scottish Ministers v Johnston [2024] EAT 121 Johanna Johnston KC remained within one, continuing contract of employment when appointed as a temporary judge of the High Court of Justiciary, whilst simultaneously serving as a sheriff, the tribunal concluded. It accepted that, when presiding as a temporary judge, Johnston worked at a different location and undertook judicial functions in another jurisdiction; however, other significant elements stayed the same. In particular, there was no alteration to Johnston’s remuneration, nor to the identities of the parties to the employment relationship, according to the decision as recorded in the judgment of the tribunal...
Introduction The intra-EU posting of third-country nationals (TCNs) has become an increasingly prevalent and widely used form of labour mobility, whereby undertakings based in one Member State send staff to deliver services on a temporary basis in another across the Union. Anchored in Article 56 TFEU on the freedom to provide services, this practice draws on the seminal Vander Elst judgment, Case C‑43/93, which clearly confirmed that Member States may not demand additional work permits from lawfully employed TCNs seconded from a different Member State. Although Directive 96/71/EC, the Posting of Workers Directive (PWD), as revised by Directive 2018/957/EU and supplemented by Directive 2014/67/EU on its enforcement, sets out the overarching legal regime for posting, these measures do not spell out the particular arrangements applicable to TCNs (for more on the PWD, see Practice Note: Posting of workers in the EU). Furthermore, the Directive does not prejudice agreements concluded by the Community with third countries, nor the domestic rules of Member States governing the admission to their territory of...
This review examines the principal amendments to the Immigration Rules (the Rules) contained in HC 617. Released on 10 September 2021 with an Explanatory Memorandum, it is lengthy. Readers can jump to particular sections of this note rapidly via the Table of Contents bar on the left of the screen for quick navigation. Beyond unveiling the International Sportsperson route and renaming the remaining temporary work routes, the Statement of Changes makes numerous small adjustments across assorted areas of detail. These involve minor fixes to policy points and alterations to terminology/wording that have emerged in relation to routes streamlined for the post‑Brexit Immigration framework in HC 813 as implemented. Frequently, revisions are delivered through wholesale paragraph replacement, which gives them a more weighty appearance than they truly warrant (and also increases the time a user must spend to pinpoint what has in fact been altered in practice). This is especially true for the Appendix EU and Appendix EU (Family Permit) revisions within this document. The Law Commission’s very precise proposal that...
This Practice Note examines the statutory right to paid time off for antenatal care for pregnant employees and agency workers This Practice Note considers the statutory entitlement under the Employment Rights Act 1996 (ERA 1996). An employer—or, where relevant, a temporary work agency or hirer—must not unreasonably prevent a pregnant employee, or a pregnant agency worker, from taking time away from work to attend antenatal appointments for antenatal care. Such time off for antenatal appointments must be paid. There is also a distinct entitlement to unpaid time off during working hours to accompany a pregnant woman to an antenatal care appointment: see The right to time off to accompany to antenatal appointments, below. Comparable provisions apply for time off to attend adoption appointments—see Practice Note: Time off work for adoption appointments. Certain categories are excluded from these rights: share fishermen and fisherwomen and certain other mariners, as well as those employed in ‘police service’ (as defined). For a sample policy addressing time off for antenatal appointments, see...
Insert in para 8.2 of claim form ET1: Engaged by the First Respondent, a temporary work agency, the Claimant is an agency worker. He began assignment with the Second Respondent on [ insert date ]...
[ Insert in para 6.1 of response form ET3: ] It is accepted that the Claimant is an agency worker engaged by the First Respondent, a temporary employment agency, and he began an assignment with the Second Respondent on [ insert date ]...
[ Insert in para 6.1 of claim form ET3: ] It is accepted that the Claimant works as a legal secretary, and it is accepted that the First Respondent is a temporary work agency. It is accepted that the Claimant holds a contract with the First Respondent to supply legal secretarial services to the First Respondent’s clients; however, it is denied that this arrangement amounts to a contract of employment. It is accepted that there was an agreement between the Claimant and the First Respondent under which the Claimant would provide legal secretarial services to the Second Respondent. Save that it is accepted that the Claimant began working for the Second Respondent on [ insert date ], the matters alleged at Paragraphs 2, 3 and 4 of the Grounds of Claim are not within the First Respondent’s knowledge and are therefore not admitted...
Refer to the relevant Practice Notes: Applying for a sponsor licence under Workers and Temporary Workers: eligibility and suitability (covering pre-revenue businesses) and Applying for a Workers and Temporary Workers sponsor licence: procedure (concerning licence re-application). Cooling off period and who it applies to If a sponsor licence application is refused, the Home Office will, in most cases, impose a cooling off period. This is typically six months, though in some situations it can be as long as five years. The Home Office may choose not to apply the cooling off period, for example where documents were provided late, or where a representative submitted the application. See Practice Note: Applying for a Workers and Temporary Workers sponsor licence: procedure/cooling-off periods...