As of 30 May 2022, a new immigration route into the UK is now available via the “High Potential Individual” (HPI) visa. This route is aimed at attracting highly skilled foreign graduates who have obtained an eligible university degree within the last 5 years, with the intention to grow the UK as a leading international … Continue reading
On 10 May at the State Opening of Parliament, the legislative intention of the Government for the next parliamentary session was set out in the Queen’s Speech. Despite the speech containing proposals for 38 new laws, the long awaited Employment Bill was omitted. The Employment Bill, which was first proposed in 2019, was intended to … Continue reading
Corporate transactions can uncover a number of immigration considerations, particularly if the buyer, seller, or target company, or any entity involved in the transaction, has a sponsor licence. Even without the complexities of a sponsor licence and the duties of the company, immigration issues can arise relating to the prevention of illegal working. Quite often … Continue reading
The current situation is presenting a number of practical difficulties for employers regarding right to work and other immigration matters that may arise amongst their employees. The Home Office has been proactive in relaxing many of its strict requirements to assist, however some areas remain uncertain: Right to work checks – a valid right … Continue reading
On 19 February 2020 the UK Government published its policy statement setting out its proposals for a new points-based immigration system. Following the UK’s exit from the EU, free movement of workers will cease and all EU and non-EU citizens will be treated equally from 1 January 2021. The Government will introduce a new immigration … Continue reading
The World Health Organisation has declared that the Coronavirus is a public health emergency of international concern and the first reported cases have appeared in the UK. What steps should employers be taking in relation to their employees? Travel to affected areas Employers owe a duty of care to their employees to take reasonable steps … Continue reading
The Migration Advisory Committee (MAC) published its widely anticipated report on 28 January 2020, setting out its recommendations for a new UK immigration system to be launched in time for the end of free movement of people on 31 December 2020. The Government will be considering the recommendations in the context of its Immigration Bill, expected … Continue reading
The UK Government has announced that a new right to two weeks’ parental bereavement will come into force from 6 April 2020. The Parental Bereavement Leave and Pay Regulations (which have been laid before Parliament and are awaiting final approval) implement a statutory right to a minimum of two weeks unpaid leave for all employed … Continue reading
As we start the new year with a new Government in the UK, we consider the important employment law changes that will, or may, come into effect in 2020. New right to a written statement of terms Currently, employees who have been continuously employed for more than one month must be provided with a written … Continue reading
The ownership of a company’s intellectual property is a sensitive subject for many companies. A recent case considered the compensation an employee may be entitled to under the Patents Act 1977 where the patents are held to be of outstanding benefit to the employer. As it is often a company’s employees who create intellectual property, … Continue reading
A recent UK case considered whether an employer acted reasonably in requiring an employee, who was not a national of the European Economic Area (EEA), married to an EEA national, to produce documentation to show his right to work in the UK. In the UK: 1) it is illegal to for an employer in the … Continue reading
A recent decision in the UK Court of Appeal has provided guidance in the area of privilege in employment claims. In Curless v Shell International Ltd, the Court of Appeal had to consider whether legal advice privilege should be disapplied to an email on the basis that the advice fell within the “iniquity principle”. Legal … Continue reading
The Home Office has announced a new fast-track immigration offer for individuals with skills in science, technology, engineering and mathematics (STEM) subjects. The scheme will provide a three-year visa, during which the individual can come and go from the UK at will. Following the three year period, those on the scheme can apply for indefinite … Continue reading
The Home Office has published an unexpected update in relation to the Tier 2 and 5 Guidance for Sponsors. Where an employee wishes to enter the UK as a skilled worker (Tier 2) or temporary worker or under the youth mobility scheme (Tier 5), they will need to be “sponsored” before they can apply to … Continue reading
Since the enactment of the ‘adverse action’ provisions under the Fair Work Act 2009 (Cth) (FW Act) some 10 years ago, it is far more difficult for an employer to lawfully dismiss an executive or senior manager. Why? Because adverse action claims: are relatively easy to bring; can include compensation for hurt, distress and humiliation … Continue reading
The Home Secretary has asked the Migration Advisory Committee (MAC) to review future salary thresholds for the new immigration system which is due to come into force in January 2021. As we mentioned in our blog post- The immigration white paper – what will it mean for the UK’s future immigration system? December 2018 – … Continue reading
Despite Brexit dominating the headlines there are several key changes to employment law coming into force in April 2019. Extension of itemised pay statements to workers, not just employees – 6 April 2019 Currently, only employees are required to be given an itemised pay statement. From 6 April the Employment Rights Act (Itemised Pay … Continue reading
Another interesting and unforeseen consequence of Brexit is the power struggle that has been triggered between the Premier League and the FA in relation to post Brexit quotas for “home grown” players and the visa requirements for overseas players. The FA is seeking to use Brexit as an opportunity to boost the longer term health … Continue reading
Following on from it proposals for reform, which we reported on at the end of last year (Corporate Governance Proposals), the UK Government has now published draft regulations, (the draft Companies (Miscellaneous Reporting) Regulations 2018) . The draft regulations will implement some of the proposals, in particular in relation to holding larger companies to account … Continue reading
More and more organisations are growing their global footprint and need to move their people around the world. In this global environment, it is essential to know, understand and comply with employment and labour laws in place across all of the jurisdictions in which organisations engage people. This will help to protect business from unnecessary … Continue reading