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Family rights
02 February 2024Employees who have parental responsibility for a child are afforded certain legal rights in order to protect and support their role as parents. In this Inbrief, we summarise the basic legal position on maternity and adoption, shared parental leave, paternity leave, parental leave, time off for dependents, carer's leave and flexible working, referred to collectively as “family rights”.
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Labour plans changes to discrimination law
06 February 2024The Labour party has set out new proposals to change discrimination law, including the idea of extending equal pay claims to cover ethnicity and disability. This is likely to make employment claims much more complex and costly, and much slower to resolve. Here’s our take.
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Apprenticeships
06 February 2024This Inbrief provides an overview of the law and current practice relating to apprentices. It focuses mainly on the Approved English Apprenticeship regime but touches on some of the other types of apprenticeship. We also highlight the main pitfalls to avoid when recruiting apprentices.
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Court backs decisions regarding cancellation of nickel trades
06 February 2024Towards the end of 2023, the Administrative Court handed down a judgment in R (on the application of Elliott Associates LP and others) v The London Metal Exchange and LME Clear Limited [2023] EWHC 2969 (Admin), rejecting a challenge to decisions made regarding the cancellation of nickel trades in a “disorderly market” in March 2022 and associated claims for damages. We consider key aspects of the decision and implications for the market.
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Five top tips for using biometric data in the workplace
08 February 2024As we become more accustomed to using our faces or fingerprints to unlock devices in our everyday life, it’s not surprising that UK employers are considering using biometric systems in the workplace. However, employers need to address the significant challenges involved with using biometric data.
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Gender identity data in the workplace
08 February 2024Safeguarding all personal data not only upholds data subjects’ rights but also cements trust and good employee relations. Special category data must be treated with more protection because it is sensitive, but information about gender does not automatically fall into this category and in many cases will fall into a data-lacuna. A recent case reminds us that employers nonetheless need to take great care with gender identity data.
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Guidance on key concepts of privilege from Court of Appeal
15 February 2024The Court of Appeal ("COA") has handed down a judgment dealing with a number of important points regarding the scope of legal professional privilege and the iniquity exception.
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New visitor rules benefit business visitors to the UK
15 February 2024Since 31 January 2024, the Immigration Rules for visitors have been liberalised to allow a wider range of activities for business visitors, including in the areas of intra-corporate activities, remote working, providing legal services and carrying out research. The Permitted Paid Engagement visitor route has been expanded and incorporated into the standard visitor route, meaning these visitors can stay for up to six months.
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New Immigration Rules place greater restrictions on care workers
22 February 2024From 11 March 2024 care providers in England cannot sponsor new care workers under the Skilled Worker route unless they are registered with the Care Quality Commission. From the same date, newly sponsored carers can no longer bring their family members to the UK.
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Home Office reconfirms Ukraine Schemes do not lead to settlement
27 February 2024New Immigration Rules laid on 19 February 2024 have made immediate changes to the Ukraine Schemes, including closing the Ukraine Family Scheme. A separate announcement reconfirms that the Ukraine Schemes do not lead to settlement, but that an 18-month extension will be available for scheme participants from early 2025. Participants wishing to settle in the UK should urgently review their options ahead of restrictions to work and partner routes being implemented in March and April 2024.
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New Code of Practice published on fire and rehire
29 February 2024The government has published new statutory guidance which warns that ‘fire and rehire’ should only be used to change employees’ terms and conditions as “a last resort” and urges employers to first engage in thorough and open information and consultation processes.
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UK Migration Advisory Committee reports on new Immigration Salary List
29 February 2024Only 21 occupations are recommended for inclusion on the new Immigration Salary List (ISL), which will replace the Shortage Occupation List (SOL) for the Skilled Worker route from 4 April 2024. Employers may find that this, combined with the increased minimum salary thresholds will significantly reduce the size of the eligible talent pool for sponsorship of overseas workers.
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Apply now for UK work visas before minimum salary jump on 4 April
29 February 2024From 4 April 2024 many people who would qualify now, will not be able to get a Skilled Worker visa. Hefty increases to the occupation-based ‘going rate’ salary thresholds and the new general salary threshold of £38,700 will impact a vast number of would-be applicants. Employers should urgently review potential applicants to submit applications now and avoid disappointment in the near future.
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ICO publishes new Tech Horizons Report
05 March 2024On 9 February 2024, the ICO published a new Tech Horizons Report, which highlights eight emerging technologies that the ICO considers may have a particularly significant impact on society, the economy and information rights in the next two to seven years.
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ICO publishes new guidance on content moderation obligations
06 March 2024On 16 February 2024, the ICO published new guidance on the interplay between content moderation obligations and data protection (“the Guidance”). This is the ICO’s first guidance on content moderation and outlines how data protection law applies to content moderation processes under the Online Safety Act 2023 (OSA) and the possible impacts on people’s information rights.
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Platform Workers Directive Suddenly Passed
12 March 2024The long-promised, interminably-debated and much-amended EU Platform Workers Directive has been passed. The final version delegates key decisions on who is a platform worker to the Member States, while strengthening controls over automated decision making and the need for human involvement in decisions affecting workers.
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Gender critical beliefs in the workplace
14 March 2024A flurry of recent cases explore the protection against discrimination available to employees when manifesting their gender critical beliefs – both at work and online. We consider the cases and offer suggestions about how to support all employees and avoid conflict.
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New Immigration Rules radically reform Skilled Worker route
14 March 2024This is the biggest reform of UK work routes since Brexit. The clear message from Government is that net migration must be reduced. Most changes affect Skilled Workers and come into force on 4 April 2024, however other work routes are also affected.
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EPO fee increases
15 March 2024The European Patent Office (EPO) is introducing a new schedule of official fees, which will apply to payments made from Monday 1 April 2024. The new fees represent an increase of, on average, 4%. There are, however, some notable exceptions, with the third, fourth and fifth year renewal fees increasing by 30%, 28% and 8% respectively. Subsequent renewals have not changed significantly. As such, the EPO appears to be targeting recovery of renewal fee income that has reduced in recent years, due to a reduction of the average time to reach grant.
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MAC to carry out rapid review of Graduate route by 14 May 2024
15 March 2024The Migration Advisory Committee (MAC) has been commissioned to make a rapid review of the Graduate route, with its report due to be published by 14 May 2024. Employers should plan for potential restrictions to this route or its abolition.