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Dispute Resolution Update - July 2020
20 July 2020Welcome to our July 2020 Dispute Resolution Update. We've included articles on a range of issues, including features on Covid-19, Professional Services and Sports Disputes. Since our last Update, Covid-19 and the enforced lockdown has turned life upside down for many businesses and individuals. As the world has adjusted, contentious issues have started to emerge. Not only can we help resolve such issues once they arise, we can also work with you to reduce the risk of litigation. If you have any feedback, comments or queries let us know by contacting Paula Barry.
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Home Office publishes COVID-19 minimum income policy for family visa route applicants
21 July 2020On 17 July 2020 the Home Office updated its policy guidance to confirm a surprisingly limited concession to the usual minimum income requirements that most applicants for partner and child visas must meet.
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New Health and Care visa to launch from 4 August 2020
22 July 2020The Home Office has released the first guidance on the a new ‘Health and Care Visa’ for doctors, nurses and allied health professionals including individuals working in the social care sector. The Health and Care Visa will be available from 4 August 2020 and will fall under the Tier 2 (General) category.
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UK government publishes White Paper and consultation on UK Single Market
28 July 2020Just when you thought the UK was leaving a Single Market, the UK government is worried about another one – the one within the four home nations of the UK.
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Consultation on ability of courts to depart from EU law after Brexit
30 July 2020The UK government is consulting on which lower courts and tribunals will be allowed to depart from retained EU case law after the end of the Brexit implementation period, and in what circumstances.
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New law on redundancy and notice pay for furloughed employees
30 July 2020In a piece of rapid-fire legislating, the government has passed new regulations intended to ensure that furloughed employees who are made redundant receive statutory redundancy and notice pay based on their “pre-furlough” rate.
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Plans for new rights for consumers during trader insolvency
31 July 2020Figures show that online sales have jumped from 19.9% of all retail sales in January to 32.8% in May 2020.
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Home Office confirms COVID-19 immigration arrangements beyond 31 July 2020
03 August 2020In a last-minute update on 29 July 2020, the Home Office has pivoted towards a return to business as usual on immigration policy. Some significant concessions remain available until at least 31 August 2020, however there are a number of potential pitfalls for employers and individuals to be aware of.
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Further details of new UK visa route for Hong Kongers
04 August 2020From January 2021, the UK will make a new visa route available for British Nationals (Overseas) and their dependants who are usually resident in Hong Kong. The route will lead to settlement after five years’ residence in the UK, with the option to apply for British citizenship becoming available for most participants after a further year.
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Cyber threats and how to be a good sport
06 August 2020The sports sector was recently identified as a target for cyber attackers in a report published by the National Cyber Security Centre (NCSC). The report highlights the cyber threats faced by the sports sector and suggests how to stop or reduce their impact on sports organisations of all sizes – from local clubs to national federations.
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Investigations
10 August 2020We set out the key considerations for organisations faced with grievances or allegations of wrongdoing which may require formal investigation.
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Coronavirus the impact on post-termination restrictions
12 August 2020As the Coronavirus lockdown slowly lifts, we’ve seen an increase in employee resignations as well as competitor recruitment activity. Will your post-termination restrictions stand up to the new challenges?
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Home Office makes important updates to COVID-19 concessions
13 August 2020Recent amendments to the Home Office’s COVID-19 guidance for applicants mean that more people will be able to make an application to switch immigration categories without the need to go abroad. The updates also have significant right to work implications for employers whose employees are covered by the grace period the Home Office has put in place until 31 August 2020.
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Home Office issues communications to sponsors about licence renewals
13 August 2020The Home Office has now started to make early contact with sponsors whose licences are due to expire up until the end of the year. These sponsors will be able to apply to renew their licences earlier than the usual maximum 90 days before expiry.
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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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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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Law Commission gets set to tackle online abuse
21 September 2020It will come as no surprise that the existing UK legal framework of ‘communications offences’ has not really kept pace with changes in the ways we communicate. The Law Commission points out that in some cases the laws fail to address harmful behaviours online, and in others they risk interfering with our rights to freedom of expression. So, what change is on the horizon?
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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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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.