For information on the requirements for sponsoring a skilled worker generally, see: • the section of Practice Note: The points-based immigration system for employment lawyers entitled ‘Skilled workers’ • Practice Note: Sponsoring a Skilled Worker Under section 39(1) of the Equality Act 2010 (EqA 2010), it is unlawful for an employer to discriminate against a person: • in the arrangements the employer makes for deciding to whom to offer employment, or • as to the terms on which the employer offers a person employment, or • by not offering a person employment ‘Discriminate’ in this context refers to the various types of conduct that are prohibited under EqA 2010, including direct and indirect discrimination. For more information, see: • Practice Note: Direct discrimination • Practice Note: Indirect discrimination • the section of Practice Note: Employment events which give rise to discrimination, harassment and victimisation claims entitled ‘Recruitment and discriminatory statements’ The

It may be possible in some circumstances to exclude or limit liability for fraud or fraudulent misrepresentation. The general position is that the parties to a contract cannot exclude liability for their own fraud or dishonesty. This is regarded as a public policy bar and is frequently referred to in the authorities (see HIH v Chase at paras [16] and [76]). The prohibition is usually invoked in relation to allegations of fraudulent misrepresentation inducing the relevant contract. The rule has therefore been explained as arising from a fundamental assumption of honesty and good faith when entering into a contract. The principal does not apply to other incidences of ‘fraud’ in relation to a contract more generally, such as dishonesty by an agent inducing the

Employers are not required under the Pensions Act 2008 to pay contributions on behalf of workers who are not jobholders. For these purposes, a jobholder is a worker: • who is working or ordinarily works in Great Britain under the worker's contract • who is aged at least 16 and under 75, and • to whom qualifying earnings are payable by the employer in the relevant pay reference period Where an individual is dismissed in breach of contract, ie without being given their full contractual notice or payment in lieu, damages may be awarded for the value of pension benefits that would have accrued during the notice period. For further information, see Practice Notes: • Auto-enrolment—an introduction • Calculating pension

What are Grampian conditions? Grampian conditions are named after the decision in Grampian Regional Council v City of Aberdeen. They are conditions subject to which planning permission is granted (possibly relating to land not within the planning applicant’s ownership), which are negatively worded and restrict implementation of the planning permission, in whole or in part, until some event has occurred. For example, in Menston Action Group v City of Bradford Metropolitan District Council, the local planning authority (LPA) granted planning permission for a housing development subject to a condition stating that 'development shall not begin until a surface water drainage scheme for water passing through the site, based on sustainable

Authorised guarantee agreements Section 16 of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) provides that where a lease is assigned and the tenant is thereby released from a tenant covenant, nothing in LT(C)A 1995 precludes the tenant from entering into an authorised guarantee agreement (AGA) with respect to the performance of that covenant by the assignee. Specifically, LT(C)A 1995, s 16(5)(c) permits an AGA which requires the original tenant, in the event of the tenancy being disclaimed, to enter into a new tenancy of the premises. LT(C)A 1995, s 16(5)(c) stipulates that any such tenancy must not be for a longer term than the tenancy which was assigned and must not contain any tenant covenants which are more onerous

This Q&A considers: • communications between union representatives and their members and trade union generally • data protection issues Communications between union representatives and their members and trade union For information on rights arising from trade union membership, see: • Individual rights arising from union membership—overview • Practice Note: Employment rights and trade unions, and • Practice Note: Rights relating to activities involving unions The Acas statutory Code of Practice on time off for trade union duties and activities states (among other things) that: • while there is no statutory right for facilities for union representatives, except for representatives engaged in duties related to collective redundancies and the transfer of undertakings, employers should, where practical, make available to union representatives the facilities necessary for them to perform their duties efficiently and to communicate effectively with their members, other representatives and full time officers. Where resources permit the facilities should include confidential space where an employee involved in a grievance or disciplinary matter can

For detailed information on the right to ordinary maternity leave (OML) and additional maternity leave (AML) under sections 71–75 of the Employment Rights Act 1996 (ERA 1996) and the Maternity and Parental Leave etc Regulations 1999 (MAPLE 1999), SI 1999/3312, see Practice Note: Maternity leave. An employee has a right to return to work at the end of her AML, if no earlier date of return has been notified, or to return on a date duly notified to the employer as the employee’s intended date of return (MAPLE 1999, SI 1999/3312, regs 18, 18A). For detailed information on the right to return, see Practice Note: The right to return to work after maternity leave. It is generally regarded as lawful for employers to encourage employees who return to work from maternity leave to remain in employment

In relation to contractual maternity pay, employers may agree contractual terms that are more generous than statutory entitlement for maternity pay. Contractual maternity schemes commonly require employees to pay back the difference between contractual (or enhanced) maternity pay and statutory maternity pay (SMP) unless they return to work for a minimum period after maternity leave. In Boyle v Equal Opportunities Commission, the European Court of Justice (ECJ) considered an employer's scheme under which a woman with at least one year's service who was not employed on a short-term contract was entitled to three months and one week's maternity leave on full pay, provided she stated her intention to return to work with the employer after childbirth and agreed that, if she failed to return for at least one month,

In the first instance, the relevant statutory provisions which apply in these circumstances are, of course, the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations, SI 2002/2034 (FTE Regulations 2002). One needs, however, to consider that there are two different types of discrimination provisions: those that protect all employees (ie universal provisions) and those that protect only a specified, defined group. An example of the former is section 11 of the Equality Act 2010 (EqA 2010), which defines the protection afforded to the protected characteristic of sex. All employees of both sexes enjoy the protection. Hence, both male and female employees can pursue claims of sex discrimination if the factual matrix warrants such a claim. The same applies to the protected characteristics of, for example, race and age. All employees of every age and race potentially enjoy the protections afforded by EqA 2010

An organisation may offer an individual work experience opportunities on the basis of any or all of the following arrangements: • work experience—a temporary work placement with a company or organisation where an individual spends a limited time to learn directly about the work and the particular industry. Although such placements are more common in smaller firms and charities, larger organisations do offer work experience, in particular media, marketing and public relations organisations where it is the accepted first step on the ladder. A limited number of tasks may be performed, but generally the placement provides an opportunity for the individual to watch and learn. Most work experience opportunities are aimed at those of compulsory school age • volunteering—unpaid work for a voluntary organisation, charity or fundraising body, generally with a role description and access to training and development opportunities (see Practice Note: Volunteers) • internship—paid or

Under regulation 10(4) of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (Conduct Regs 2003), SI 2003/3319, a term of a contract between an employment business and a hirer is unenforceable if it is contingent on a work-seeker: • taking up employment with the hirer (ie temp-to-perm) • taking up employment with another person to whom the hirer has introduced them (ie temp-to-third party), or • working for the hirer pursuant to being supplied by another employment business (ie temp-to-temp) unless the temp-to-perm, temp-to third party or temp-to-temp event occurs within the later date of: • eight weeks of the end of any assignment, or • 14 weeks of the start of the first assignment with the hirer For these purposes: • ‘hirer’ means a person (including an employment business)

There is nothing in principle to prevent an employer from including in the contract of employment (or worker’s contract) a ‘pay secrecy clause’ which purports to: • prevent disclosure by a worker of their own pay arrangements to someone else, and/or • prevent the worker from seeking information from a colleague about that colleague's pay However, the Equality Act 2010 (EqA 2010) recognises that: • the operation of such pay secrecy clauses may sometimes mask prohibited conduct by the employer, which contravenes the Act • workers