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Right to work checks for EEA nationals during the first half of 2021
19 January 2021The Home Office has confirmed that there will be no change to the right to work check procedure for EEA nationals who start work in the UK between 1 January 2021 and 30 June 2021 (the post-transition ‘grace period’), but has left the question of what to do when an EEA national does not have the right to work unanswered.
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Accent discrimination codeswitching and the Equality Act
21 January 2021A recent French law has banned discrimination against someone because of their regional accent. This article examines the UK legal position in relation to accent discrimination and goes on to consider the related issue of “codeswitching” and its potential negative impacts.
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IR35 reforms and international issues
21 January 2021The new IR35 rules create some particularly complex issues where a contractor is based outside the UK. This article looks at some of the frequently asked questions.
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Skilled Worker visa provides new options for foreign workers
22 January 2021Under the new immigration system launched on 1 December 2020, the Skilled Worker route has replaced Tier 2 (General). Benefits for employers include fewer restrictions on switching into the Skilled Worker visa from within the UK; lowering the skills threshold to RQF Level 3; reduced salary thresholds and removal of the Resident Labour Market Test. We discuss the impact of these changes below, as well as some of the considerations for settlement.
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Employer acted unlawfully by disciplining union activist for use of its IT systems
27 January 2021University College London has lost its appeal against an Employment Tribunal’s decision that it unlawfully disciplined a union activist for refusing to comply with an instruction to take down an email list he had created for union communications.
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Employment law in Indonesia - an overview
01 February 2021Although still a largely agrarian economy, Indonesia is rapidly industrialising and diversifying into other spheres. The continuous and steady growth of the country makes Indonesia an attractive place for business in the coming years. It is important that organizations currently doing business in the country or considering doing so are aware of the often strict employment laws in Indonesia.
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Unconscious bias training should never be a tick-box exercise
10 February 2021Despite the government’s decision to stop training civil servants about unconscious bias, employers should commit to providing ongoing training on this issue as an effective means of improving diversity and inclusion.
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England introduces quarantine hotels and further post-arrival COVID-19 testing
12 February 2021From 15 February 2021, international arrivals to England will be required to quarantine in a government-managed hotel if, within the ten days before arrival, they have been in or transited a country to which a travel ban applies (‘red list countries’). Additional post-arrival COVID-19 testing has been mandated from the same date. A raft of sanctions will also apply for non-compliance.
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Trade union recognition
18 February 2021Trade unions exist to further the interests of their members and to help regulate their relations with their employers.
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Protecting your business
20 February 2021Protecting your business from competitive threats is vital. Losing a team or a key employee to a competitor can be extremely damaging. You may lose clients, prospects, and other staff. Your valuable confidential information may be put at risk.
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Skilled Worker visa provides a shareholding solution for Tier 2 General migrants
22 February 2021Tier 2 General migrants must not have a shareholding of more than 10% in their limited company sponsor, however the Skilled Worker route does not include this restriction. So how can a Tier 2 General migrant take advantage of this change if they are offered a shareholding that would take them above the 10% threshold?
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Supreme Court confirms that Uber drivers are workers
22 February 2021The Supreme Court has unanimously decided that drivers engaged by Uber are workers rather than independent contractors. It also decided that drivers are working when they are signed into the Uber app and ready to work.
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Immigration announcements in the Spring Budget 2021
04 March 2021On 3 March 2021 the Chancellor, Rishi Sunak, announced a range of immigration measures designed to help highly skilled and skilled international talent come to the UK to support business growth, particularly for scale-up businesses, innovative businesses and intra-company transfers, and to contribute to the advancement of key industry sectors such as academia, science, research and technology. There are also commitments to improving the system for business users, and to marketing the UK’s visa offering more effectively.
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Court of Appeal rejects human rights challenge to UK union recognition regime
04 March 2021The Court of Appeal has rejected a trade union’s contention that the block on it applying to the Central Arbitration Committee for recognition because an employer already recognised another independent trade union was incompatible with the European Convention on Human Rights.
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Clarification of IR35 reforms in Budget
04 March 2021Helpful clarifications of the forthcoming changes to off-payroll working arrangements in the private sector were contained in a policy paper released by HMRC as part of the 2021 Budget.
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Furlough scheme extended to September 2021
04 March 2021The chancellor Rishi Sunak has announced an extension of the furlough scheme for all sectors until 30 September 2021, with employer contributions gradually increasing from 1 July.
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US privacy update what UK and EU businesses need to know
08 March 2021In February 2021, Lewis Silkin welcomed back “very accomplished and expert” (Legal 500 2020) Gary Kibel of US firm Davis & Gilbert LLP to talk through major changes in the US privacy landscape in the past 12 months, how those changes affect UK and EU businesses, and how the changes compare to the General Data Protection Regulation (GDPR).
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Guide on UK employment law and practice for UK employers
08 March 2021글로벌 HR 로펌 루이스 실킨에서 “영국 노동법 & 노사 실무 가이드 (국문)” 을 발간했습니다. 영국 시장에 이미 진출해 있거나 진출을 고려하고 있는 기업들에게 있어 영국 노동법에 대한 기본적인 이해는 건전한 노사관계와 안정적 기업문화를 형성하고 노동생산성을 향상하는 데 매우 중요한 역할을 합니다.
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New rules on witness statements in force from 6 April 2021
09 March 2021The Civil Procedure Rule Committee has approved new rules on preparing trial witness statements of fact in the Business and Property Courts of England and Wales (i.e. the Chancery Division, the Commercial Court, Circuit Commercial Court, Financial List). The new rules apply to trial witness statements signed on or after 6 April 2021 (with certain exceptions) and will have a significant impact. Parties and their advisers need to become familiar with the changes now for any trial statements that may already be in progress.
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Financial support for the self-employed extended again until September 2021
11 March 2021The Coronavirus Self-Employment Income Support Scheme has been extended with a fifth and final grant covering the period May to September, with further guidance on eligibility for the fourth grant.