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Ethnicity pay gap reporting and the problem of incomplete data
12 August 2021Despite government inaction, increasing numbers of employers are calculating their ethnicity pay gaps. This article explains the problems that arise from using incomplete datasets when calculating the gap and how these can be resolved.
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Protected and without prejudice conversations
13 August 2021Employers may want to have “off the record” conversations with employees, especially in relation to a potential ending of employment. It is important to remember that “off the record” is not a legal term.
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Adjusted right to work checks extended to 5 April 2022
26 August 2021In yet another last-minute climb-down, the Home Office has announced that adjusted right to work checks will remain in place until at least 5 April 2022. The announcement also suggests that in the interim, the Home Office will work to put a long-term, post-pandemic solution in place.
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Home Office releases Points-Based Immigration System Sponsorship Roadmap
31 August 2021On 26 August 2021 the Home Office released a sponsorship roadmap document. This details process and technology improvements for sponsors from the fourth quarter of 2021 to the first quarter of 2024.
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Cross border disputes between the EU and UK post-Brexit
01 September 2021The UK left the EU on 31 January 2020. The Withdrawal Agreement provided that EU law would continue to apply to the end of the transitional period which was 31 December 2020 (“the exit date”). Therefore, EU law would continue to apply to disputes with an EU element, governing (in particular) jurisdiction, applicable law and the enforcement of judgments up to exit day. From 1 January 2021, the position became more complicated. Outlined below are details of how cross border disputes between parties in the EU and the UK will be dealt with after the exit date.
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Whistleblowing in Northern Ireland
07 September 2021Workers who “blow the whistle” on their employers have the right not to be dismissed or otherwise penalised as a result.
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Enforcing a Chinese Judgment in England
08 September 2021It is important for winning parties to be able to enforce judgments made in their favour. Before issuing proceedings claimants will often need to consider where the assets of a potential defendant are located and whether any judgment obtained can be enforced in the country where the judgment debtor has assets. If a proposed defendant to Chinese proceedings holds assets in England, it will be particularly important for a claimant to examine whether an English court will enforce a Chinese judgment in their favour.
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Further right to work check changes and how to avoid some pitfalls
16 September 2021On 31 August 2021 the right to work guidance for employers was updated to confirm that individuals with a late EU Settlement Scheme (EUSS) application made on or after 1 July 2021 can start a new job while their application is pending. In this article we look at this development, as well as highlighting certain aspects of the current guidance that may cause confusion for employers when conducting right to work checks.
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Protecting your business where employees are in short supply
21 September 2021This article summarises some steps you can take to protect your business as recruitment and retention become more challenging.
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Employers adopt value-driven employment policies in the wake of the pandemic
22 September 2021We carried out a survey of in-house employment lawyers to explore the employment policy landscape in the wake of the Covid-19 pandemic. This article sums up our key findings.
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Government consults on flexible working rights
23 September 2021The government has released its long-awaited proposals for strengthening flexible working rights, but they do not amount to radical reform.
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International Sportsperson visa route announced
24 September 2021The latest Statement of Changes in Immigration Rules includes a new International Sportsperson visa route for professional athletes coming to work in the UK. The route will launch from 9 am on 11 October 2021.
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Carrying out adjusted right to work checks up to 5 April 2022
27 September 2021Under the Home Office’s current guidance for right to work checks (RTW), it is possible to conduct a fully compliant initial or follow-up RTW without seeing the individual face-to-face. To cover practical difficulties arising during the COVID-19 pandemic, mainly where the checker cannot easily gain access to original documents required for a manual RTW, the Home Office has instituted a temporary adjusted procedure.
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Tips to be paid to staff in full under latest plans for legislation
29 September 2021The government has announced plans to overhaul tipping practices so that all tips are paid to staff without deductions.
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International approaches to Covid-19 retention and wage subsidy schemes 2021
29 September 2021Last year in the wake of the covid-19 pandemic Governments across the world introduced arrangements equivalent to the UK’s furlough scheme, aiming to support businesses in retaining employees by subsidising all or some of their salary. We have conducted a follow up survey which reveals significant differences between the remaining schemes still offered, with some schemes already terminated, a variation in subsidised amounts and replacement schemes being introduced.
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Carers to have the right to one week of unpaid leave
30 September 2021The government has confirmed that carers will have a new right to one week of unpaid leave each year to carry out caring responsibilities. Any employees hoping to exercise the right soon will, however, be disappointed that legislation will only be introduced when “parliamentary time allows”.
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Employment law and the current recruitment crisis
07 October 2021As resourcing becomes more challenging, we explore the employment law and immigration considerations arising from the current recruitment crisis.
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Using the International Agreement visa route to sponsor contractual service suppliers
12 October 2021The latest Statement of Changes in Immigration Rules rebrands the T5 International Agreement route as the International Agreement route from 9 am on 11 October 2021. In this article, we look at how the route can be used to bring contractual service suppliers to the UK, and which business scenarios may benefit from it.
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Adoption and employment law
14 October 2021Our article rounds up the key employment law rights applicable to adoptive parents ahead of National Adoption Week, which takes place next week from 18-23 October.
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Data breach litigation decision signals less Warren more peace for victim organisations
15 October 2021Data breaches have a long tail and organisations can’t hang up their hats once an incident has been remediated and regulatory interactions about said incident concluded. Instead, they have to prepare for the inevitable wave of identikit and (for the most part) low-to-no value claims which follow.