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New Home Office guidance published on right to work checks from 1 July 2021
23 June 2021On 18 June 2021 the Home Office released new guidance for employers on carrying out right to work checks. This has been published ahead of significant changes to right to work checks affecting EEA/Swiss (EEA) nationals and their family members from 1 July 2021.
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Staffing solutions and the supply of labour
29 June 2021The supply of labour is a growing area of the UK economy. As employers require more flexible staffing solutions, new business models have emerged offering a range of labour-supply options.
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Right to work checks from 1 July 2021
14 July 2021Procedures for right to work checks have now changed due to the Brexit post-transition grace period ending on 30 June 2021.
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Key immigration action points for HR in the second half of 2021
26 July 2021The post-Brexit grace period came to an end on 1 July 2021. Free movement has been replaced in the UK by the domestic immigration system, including the new Points-Based Immigration System (PBIS).
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Employer loses discrimination claim after trying to reduce gender pay gap
28 July 2021An Employment Tribunal decision involving an ad agency has highlighted the dangers for employers of taking an overly aggressive approach to reducing gender pay gaps. It also provides a reminder that all discrimination is unlawful, even where the victims are from a historically privileged group.
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Innocent partners may not be liable for losses caused by the fraudulent conduct of rogue partners
28 July 2021In July 2021 the Court of Appeal held that innocent partners in a firm of solicitors are not always liable to former clients of the firm for losses caused by the acts of a fraudulent partner[i].
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Policy clarifications and outstanding issues for right to work checks
03 August 2021The current Home Office guidance for employers on carrying out right to work checks contains some important clarifications of the Home Office’s policy. These will not affect the vast majority of checks. They will however be relevant in certain circumstances, especially for checks relating to EEA nationals and family members of EEA nationals from 1 July 2021. Employers should also now prepare to return to fully compliant right to work checks from 1 September 2021.
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Current COVID-19 considerations for travelling to and from England
03 August 2021Significant changes to the COVID-19 requirements for entry to England were made with effect from 19 July 2021.
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National disability strategy launched
05 August 2021The government has published its promised national disability strategy setting out various steps it will take to remove barriers faced by disabled people in their lives. This article looks at the main work-related measures.
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COVID-19 travel lists for England updated from 8 August 2021
06 August 2021Liberalised arrangements for travelling to England are in place from 4 am BST on 8 August 2021, including France being removed from the ‘amber plus’ list and countries being moved between lists. The next review is scheduled for Wednesday 25 August 2021.
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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.