Insights & News

Test, trace and travel – new self-isolation rules and employment

28 May 2020

The requirement to self-isolate for 14 days in order to limit the spread of Covid-19 is being extended to two new situations – where a person arrives in the UK from overseas, and where someone is notified that they need to self-isolate under the new NHS test and trace service. How does this affect employers?

Immigration bill barring EU nationals accused of hypocrisy: Naomi Hanrahan-Soar comments for HR Magazine

Press

22 May 2020

In this article for HR Magazine, Naomi Hanrahan-Soar comments on how the government’s immigration bill can be seen as hypocritical for its proposal to end ‘unskilled’ immigration in December, ignoring the fact that many low-earning key workers are EU nationals.

Industrial action - summary judgment refused despite union’s ‘improbable’ defence

21 May 2020

The High Court has considered a case which the employer, Royal Mail, alleged was a “classic case of unballoted strike action done at the instigation and with support of local officials”. The court refused an application for summary judgment, despite finding the trade union’s defence to be “improbable”.

Does an employer’s duty of care extend to commuting to work?

21 May 2020

As more people return to workplaces, how far does an employer’s duty of care cover risks to employees during their commute to work? And how should employers deal with staff refusing to travel to work for fear of contracting Covid-19?

Worried that furloughing or redundancy could affect your visa? Here’s what you need to know: Joanna Hunt writes for Free Movement

Press

21 May 2020

With the UK still reeling from COVID-19, a mega recession looms. The statistics are sobering; 8 million workers on the government furlough scheme, 2.6 million claims for Universal Credit since the lockdown began and the economy already suffering its biggest contraction since the financial crash in 2008. The economic outlook is ominous and workers fear that a significant rise in unemployment is on the cards.

Statement of Changes introduces significant new hurdles for Sole Representative visa applicants

20 May 2020

A general tightening of the requirements and restrictions of the sole representative category will be brought into effect from 6 June 2020.

MAC launches six-week call for evidence on shortage occupations

18 May 2020

Employers have until 24 June 2020 to provide their views on what occupations should be on the shortage occupation lists for UK sponsored skilled migration from 1 January 2021.

Home Office gives guidance on employing Europeans

13 May 2020

The Brexit transition period will end on 31 December 2020. EEA nationals and their family members who are resident in the UK before that date have until 30 June 2021 to apply to the EU Settlement Scheme (“EUSS”). In doing so, they will obtain either “settled” or “pre-settled” status.

Furlough scheme extended until end of October

13 May 2020

The Coronavirus Job Retention Scheme is being extended by a further four months until 31 October 2020.

Government amends the Working Time Regulations to allow holiday carry over for the next two leave years

13 May 2020

The government has made amendments to the Working Time Regulations which will allow workers to carry up to 4 weeks of annual leave over into the next 2 leave years, and has just published some further guidance on how this is intended to work in practice. This will apply where workers have not been able to take their statutory annual leave entitlement due to coronavirus.

Every exit is an entrance – government releases guidance on reopening and re-occupation

12 May 2020

As part of its roadmap for a gradual exit from lockdown, the government has released guidance for employers on how to maintain workplace safety as the Covid-19 pandemic continues.

Government announces 14-day quarantine plan for arrivals to the UK

11 May 2020

On 11 May the Government published its COVID-19 recovery strategy for the UK.

We’re on the road? The government’s Covid-19 recovery strategy

11 May 2020

The government has published its post-COVID recovery strategy, setting out a “roadmap” for gradually easing the lockdown, getting the economy moving and – eventually – returning the country to something approaching normality.

International approaches to Covid-19 job retention and wage subsidy schemes

07 May 2020

Governments across the world have introduced arrangements equivalent to the UK’s furlough scheme, aiming to support businesses in retaining employees by subsidising all or some of their salary. Our survey of 28 countries reveals significant differences between the approaches being taken, particularly in relation to the generosity and duration of schemes.

UK's ‘back to work’ plan puts business and unions at odds: James Davies comments for Business Matters

Press

06 May 2020

'Trade unions and business leaders were at loggerheads on Monday night over Boris Johnson’s “back to work” strategy, following claims that employees’ lives could be put at risk as the British prime minister tries to restart the economy.' In this article for Business Matters, James Davies discusses the liability risks that employers face and how those risks can be avoided with health and safety regulations.

Law Commission proposes increased powers for Employment Tribunals

05 May 2020

A major new report on reform of Employment Tribunal hearing structures by the Law Commission includes various significant proposals on how employment and discrimination cases should be heard, time limits for bringing claims and compensation for breach of contract.

The impact of coronavirus on workforces and global mobility: Naomi Hanrahan-Soar and Despina Stoimenidi comment for HR Magazine

Press

05 May 2020

The impact of COVID-19 has reached almost all aspects of normal everyday life. One of the first areas to become affected was global mobility.

Conducting workplace investigations remotely

01 May 2020

As we are all in midst of this Covid-19 world, we are clearly some way away from ‘business as usual’. The vast majority of employers are grappling with new ways of working, with many of their employees working from home or in other unusual ways. But it is clear that ‘business as usual’ issues can and do still arise. So, what should an employer do if it becomes aware of an allegation of misconduct or wrongdoing? In this article, we look at whether a remote investigation is the right step to take, and what to bear in mind if you conclude it is.

Employment status - ECJ clarifies who counts as a worker under EU law in gig economy ruling

30 April 2020

The European Court of Justice has ruled that it’s up to national courts to make decisions about employment status, but that a courier working for Yodel in the UK appeared to them to have been correctly classified as self-employed, given the latitude he had over accepting jobs, working for competitors, providing substitutes and deciding his work schedule. The crucial factors were independence and subordination.

Furlough and insolvency – administrators cannot furlough staff without adopting their employment contracts

30 April 2020

The administrators for Debenhams cannot keep staff on furlough and avoid adopting their employment contracts, according to the latest ruling from the High Court and Court of Appeal. The decision avoids a potential conflict between the rules of the Coronavirus Job Retention Scheme and the ordinary insolvency rules on the order in which creditors can get paid.