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When Less Means More
29 March 2023Change is afoot for those looking to benefit from Multiple Dwellings Relief (MDR). MDR has long been a help in keeping SDLT manageable for certain complex residential purchases.
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Frequently asked questions on termination payments
29 March 2023Our FAQs Inbrief looks at some of the common tax questions that arise on termination of employment.
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Neurodiversity and discrimination examined in the Employment Appeal Tribunal
04 April 2023The EAT upheld an employment tribunal’s decision that a neurodivergent claimant had not been discriminated against because of something arising in consequence of his disability. But, whilst unsuccessful in his primary claim, the claimant still received an award of over £20,000 for victimisation. We explore the practical and legal issues that arose during his employment and how employers could better support neurodivergent employees.
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Immigration restrictions on employment in the UK and consequences of breach
04 April 2023The Home Office has capability to scrutinise whether individuals with limited immigration permission are complying with any immigration conditions that restrict or prohibit employment in the UK. In this article, we look at this issue with a focus on how employment is defined, methods of detection, consequences of breach and how to minimise risk.
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Key considerations for clawing back immigration fees from employees
12 April 2023Businesses increasingly look to protect their investment in sponsored workers with “clawback” agreements, seeking to recoup immigration fees from the employee if employment terminates. With sponsorship on the rise post-Brexit, businesses are asking questions about how to create an effective clawback agreement.
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EHRC letter on sex and the Equality Act
14 April 2023The Equality and Human Rights Commission has written a letter to Kemi Badenoch (the Minister for Women and Equalities) on the definition of “sex” in the Equality Act 2010.
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Lewis Silkin LLP shortlisted for The Lawyer Awards 2023
27 April 2023Lewis Silkin LLP and Farrer & Co have been shortlisted in the Real Estate Team of the Year category in The Lawyer Awards 2023.
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How to deal with a right to work information request from the Home Office
04 May 2023The Home Office’s Immigration Enforcement team can issue an Information Request to any employer where employment of an illegal worker is suspected. This is a preliminary step to a potential civil penalty notice being issued, which can be up to £20,000 per illegal worker. It is important to handle these requests proactively because an employer who responds accurately and promptly may receive a reduced penalty or avoid it completely.
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Factsheet - Skilled Worker
12 May 2023We have produced a useful factsheet for individuals navigating the Skilled Worker visa route.
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WRC issues highly anticipated decision in Debenhams test case
25 May 2023It has been reported that the Workplace Relations Commission (WRC) has awarded a former Debenhams’ employee eight weeks’ pay in the main test case for a large group of staff. It is understood that between 750-800 former employees referred complaints to the WRC following the collective redundancy in 2020.
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How to deal with a civil penalty notice for illegal working
03 July 2023The Home Office is currently focusing on identifying and penalising illegal working. Where illegal working is found, an employer may be liable to pay civil penalty of up to £20,000 per illegal worker, and may also suffer adverse consequences for their business. It is therefore beneficial for employers to understand how to deal most effectively with a civil penalty if received.
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UK Government announces significant immigration fee rises
17 July 2023On 13 July 2023, the Government confirmed a raft of immigration fee rises which will place a significant additional cost burden on sponsors and individuals. Although the implementation date has not been announced yet, employers should consider making visa applications early where possible and reviewing budgets and policies for their recruitment and HR.
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Termination of employment
03 August 2023Terminating employment can create several tricky issues for the employer, including claims of wrongful or unfair dismissal. To minimise the likelihood of such claims, and to ensure that the process is managed in the best possible way, it is important that employers are alive to the issues that may arise if a contract of employment is terminated. See also our Inbrief on Settlement agreements, which looks at the most common means for employers and employees to settle claims and/or effect a clean break from the employment relationship.
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Illegal working civil penalties set to triple from 2024
08 August 2023From the start of 2024, the maximum civil penalty for employing an illegal worker will be raised from £20,000 to £60,000. The Home Office also intends to consult on strengthening sponsor compliance action where illegal working is found. Employers should act now to bolster their right to work checking processes to minimise the risk of incurring penalties and being subject to sponsor compliance action.
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National Security And Investment Act 2021
01 September 2023The National Security and Investment Act 2021 (“NSI Act”) provides the UK government with new powers to scrutinise investments on national security grounds. The regime set out in the NSI Act came into force on 4 January 2022.
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UK immigration fee rises from 4 October 2023
18 September 2023The UK Government has confirmed substantial immigration fee rises will apply from 9:00 am on 4 October 2023. The fee for an Electronic Travel Authorisation (ETA) has also been set at £10. In this article we focus on what these changes mean for employers.
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Migration Advisory Committee recommends sweeping changes to Shortage Occupation List
12 October 2023The Migration Advisory Committee MAC released its full review of the Shortage Occupation List for the Skilled Worker route on 3 October 2023. Key recommendations include the abolition of the shortage list and to allow asylum-seekers with the right to work to occupy any job.
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Big Immigration Health Surcharge increase for Q1 2024
24 October 2023The Immigration Health Surcharge will increase from 16 January 2024 at the earliest. The new yearly rate for most affected applicants will jump from £624 to £1,035. Employers and affected applicants should consider applying ahead of the rise where possible.
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UK immigration policies announced to lower net migration
05 December 2023On 4 December 2023 the UK Government announced a ‘five point plan’ to lower net migration, following on from recent high net migration figures. These include raising the general threshold for Skilled Worker visas, abolishing the salary discount for shortage occupation roles and prohibiting care workers from bringing dependants.
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Virtual Christmas card tree planting initiative
06 December 2023Instead of printing and posting Christmas cards every year, we have chosen to email virtual cards and plant trees.