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
Uncategorized
Managing Immigration Remotely
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
…
The UK proposes a new points based immigration system
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…
UK: An employer’s duty to its employees in the context of Coronavirus
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…
A new immigration landscape: Migration Advisory Committee Recommendations
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…
UK set to introduce ‘world first’ right to two weeks’ parental bereavement leave
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…
Upcoming Employment Law Changes in 2020
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…
Supreme Court awards employee compensation amounting to 5% of the revenue of outstandingly profitable patent in Shanks v Unilever
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,…
Right to work in the UK and requests for evidence
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…
Legal advice privilege in employment
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…