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Padma is an Employment and Business Immigration Associate, who advises on a wide range of contentious and non-contentious issues.
Padma advises on matters such as: Employment Contracts, Service Agreements, Consultancy Agreements, Settlement Agreements, disciplinary and grievance hearings, policy drafting, equal pay issues, changes to terms and conditions, redundancies, UKVI obligations, processes and visa applications, as well as due diligence and disclosure obligations associated with corporate transactions.
"Padma is an extremely resourceful employment solicitor. Her knowledge, experience and pragmatic approach make her the perfect business partner to work with. Padma makes herself available during a time of need and is very reliable." - Rakesh Kirpalani, Group Finance Director, Kellan Group PLC.
"Padma is a highly personable professional who I have worked with over a number of years. The speed and quality at which she works is second to none." - Amanda Hesketh, Director, Hesketh Barlow.
"I’ve found Padma to demonstrate a decisive style in dealing with complex matters. She adapts her knowledge skilfully to the situation presented and provides tailored solutions. I strongly recommend her attention to detail and timely response to matters at hand." - Hardeep Tamana, Managing Partner at Azpur and CEO at Crestar.
“There is a huge amount of uncertainty on this issue currently, but it is unrealistic for people who live and work here to do nothing and just take a wait and see approach. The Home Office is legally obliged to issue an EU law residence document within six months of application and failure to issue the relevant documents within this timescales can result in the Home Office being liable to pay compensation.
“The Government is attempting to slow things down and avoid these fines, but our advice to our clients who are concerned is not to stop applying, but rather continue with the process and accept that there will be delays.”
“Uber was always going to appeal, mainly because of the financial implications of having to pay historic and future national minimum wage, holiday pay and pension contributions for so many drivers. The initial decision was very fact-specific, and it will be very interesting to see if the Employment Appeal Tribunal agree whether the Uber app was simply a ‘platform’, as argued by Uber themselves, or whether the company has true direction, supervision and control over the drivers’ activities.
“Unlike the previous decision, the outcome of the Employment Appeal Tribunal will be binding, and will provide further authority on how courts will address ‘status’ challenges in the gig economy. As seen in this case, Tribunals will consider the nature of the relationship in practice rather than the contents of any signed or agreed contracts, which may portray the relationship in a different light to the situation in reality.”
“Advances in technology have turned the world of employment on its head, with app-based companies like Deliveroo and Uber enabling people to find work as a bicycle courier or taxi driver at the touch of a button. Now the law has to catch up with those advances and ensure that the rights of those working in the so-called gig economy are clearly defined.
“In my view, the importance is not specifically about the language used by organisations to describe their workforce – it’s what happens in practice that is important. Any contract or agreement needs to accurately reflect the nature of the work being undertaken.
“It is fairly common in some industries to see agreements between individuals and their employers which expressly state that they are “independent contractors” in business on their own account rather than employees. However, unless these agreements reflect the reality of the parties’ working relationship and individuals are genuinely self-employed, these contracts can be ignored even if they are signed by both parties.
“This is evident from recent high profile cases against Uber, Pimlico Plumbers and City Sprint where different Tribunals have found that so called self-employed individuals are in fact workers, despite the fact that the contractual documentation between the businesses and their workers were extremely carefully crafted.”
We’ve already seen a drop in EU workers in the UK since the referendum but the worry is that that trend will continue now the Brexit process has officially begun, with little guidance as to what protections are likely to be in place for EU workers remaining or wanting to enter the UK. The food supply chain, manufacturing, healthcare and hospitality are sectors that heavily rely on workers from the EU because such jobs are unattractive to UK nationals.
Triggering Article 50 is likely to require UK employers to urgently devise incentives to entice UK nationals to work in roles they currently seem unwilling to do and for which we heavily rely on EU workers to fulfil.
Perhaps the Government should target school leavers and promote opportunities to rise up the ranks in such less desirable industries.
With the advent of the apprenticeship levy in May 2017, the timing could not be better for large employers to start thinking about creating apprenticeship opportunities, in the hope that the structure that they can offer will make the roles more appealing to UK workers.
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