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Agency workers and how to engage them
07 October 2020This article looks at the increasing popularity of agency workers in light of coronavirus and the main points that businesses should consider when seeking to engage them.
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Employment Tribunals - will this winter see a flurry of claims?
07 October 2020Imminent changes in Employment Tribunal procedures are likely to reduce case backlogs and lead to claims progressing to a hearing more quickly in a climate in which employment disputes are increasing. How will this affect employers?
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Government to pay bonus for retaining furloughed workers
05 October 2020The Chancellor has announced a new job retention bonus as part of its Plan for Jobs 2020. Employers who bring workers back from furlough and retain them in employment until the end of January 2021 will qualify for a £1,000 bonus payable after 15 February 2021. Further guidance on the scheme was published on 31 July and 2 October.
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Face coverings and the workplace
01 October 2020This article sets out our updated analysis of the current rules regarding face coverings at work and some of the practical issues that arise for employers.
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Government proposes changes to modern slavery statements
30 September 2020The government has set out proposed changes to the Modern Slavery Act which, when implemented, will strengthen current requirements. In this article we look at the impact of these proposals and what steps organisations can take now to prepare.
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New Job Support Scheme to replace furlough scheme
23 September 2020The Chancellor has announced a new Job Support Scheme to replace the furlough scheme. It will start on 1 November and run for six months. This article sums up the key features of the scheme and looks at the important questions from an employment law perspective.
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ICIBI calls for evidence on the performance of UKVIs commercial partners
16 September 2020Employers and other stakeholders have until 1 October 2020 to provide the Independent Chief Inspector of Borders and Immigration (ICIBI) with views on how well the commercial partners of UK Visas and Immigration are performing, both for applications made in the UK and abroad.
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Employment law and nonbinary people - what employers need to know
15 September 2020In this article, we discuss the current position under the Gender Recognition Act 2004 and the Equality Act 2010 and suggest some practical steps employers can take to support employees of all genders.
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Sports Q&A - Is there trouble on the horizon for algorithms in sport?
10 September 2020Algorithms have featured heavily in the news lately, albeit for the wrong reasons. The algorithms used to determine UK school examination results were eventually abandoned after a chorus of derision and condemnation over their apparent discriminatory bias against students from disadvantaged backgrounds and some questionable outcomes.
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Employment contract of transferring worker can be split between transferees
09 September 2020In a transfer of an undertaking involving multiple transferees, the European Court of Justice (ECJ) has ruled that under the EU Acquired Rights Directive (ARD), the employment contract of a transferring worker can be split between each of the transferees.
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Transfer-related contractual changes void even if beneficial for employees
09 September 2020The Employment Appeal Tribunal (EAT) has ruled that the provision under TUPE which renders contractual variations void if they are made because of the transfer applies to changes that are advantageous as well as detrimental to employees. On the facts of the case, this meant that owner-directors who had made significant improvements to their own employment terms before a TUPE transfer could not enforce these against the transferee.
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Acquired Rights Directive may apply even if significant tangible assets do not transfer in asset-focused business
09 September 2020In a German case, the European Court of Justice (ECJ) has considered whether the EU Acquired Rights Directive could apply to the transfer of an asset-focused business where significant tangible assets did not transfer due to legal, technical or environmental constraints.
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Transferee not party to TUPE claim should appeal to EAT for suspension of re-engagement order
09 September 2020The Court of Session (CS) in Scotland has ruled that a transferee who had not been a party to the original Employment Tribunal (ET) claim, but had a re-engagement order made against it, could only seek the suspension of that order by appealing to the Employment Appeal Tribunal (EAT). The transferee could not apply directly to the CS to have the order suspended.
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New legal risks for recruiters: Carla Feakins writes for People Management
Press
08 September 2020While the recruitment industry is subject to general legal regulation, additional legislation applies in some sectors such as agriculture, food processing and the care sector. This may require recruiters to be licensed and subject to a rigorous compliance regime.
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Setting up a competing business
Inbrief
03 September 2020Many owner-managers and entrepreneurs plan to start new businesses in the same space as their current one. Managing this transition effectively is often the key to success in the new business and getting it wrong can result in the new business failing before it has even started.
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Pandemic sparks fears over skills visas: Naomi Hanrahan-Soar comments for Relocate Global
Press
02 September 2020Predictably, the coronavirus pandemic has led to an unprecedented fall in the amount of skilled migration, overseas assignees, intra-company transfers and foreign student numbers. Now, experts are wondering how long it will take for the global situation to return to something approaching normal.
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Positive action speaks louder than words - five principles for employers
02 September 2020This article explores the legal limits of positive action in the workplace, including the situations where it is permissible to give preferences on gender or ethnicity grounds to make up for historic lack of opportunity, and what employers can and cannot do to improve diversity in their shortlists or hiring slates.
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Engaging contractors through an agency – what are the legal issues when the contractor uses a limited company?
01 September 2020This article looks at the key points businesses should consider when seeking to engage contractors through an agency, with a focus on contractors who use their own limited company or personal services company.
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How is Covid-19 affecting Employment Tribunals?
27 August 2020Covid-19 has created a significant backlog problem in the Employment Tribunal. Employers are increasingly likely to see claims relating to furlough and/or a safe return to work, and many hearings will be dealt with remotely.
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UK immigration strategies for EEA business travellers and workers from 2021
27 August 2020EEA nationals and their employers are now turning their minds towards how frequent business/work travellers and cross-border commuters can continue to come to the UK from 2021. For some, the best solution may be offered by the EU Settlement Scheme (EUSS), but there are also other options to consider.