Lewis Silkin - Search Results

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.

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.

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.

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.

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.

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.

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.

Employee share schemes in Hong Kong - an overview

27 May 2020

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Chancellor announces arrangements for end of furlough scheme

29 May 2020

The Chancellor has announced that the Coronavirus Job Retention Scheme will close at the end of October, with a new flexible furloughing option from 1 July. Chancellor of the Exchequer Rishi Sunak opted for a “softly softly” approach as he announced the details of the phase out of the furlough scheme – but one which still leaves open the possibility of an end-of-October “cliff edge”.

Wind-down of furlough scheme - timeline and key questions for employers

01 June 2020

The furlough scheme will end on 31 October, with a new flexible furlough option available from 1 July. Our timeline shows the key dates and decisions employers will need to make along the way.

HMRC seeks compliance and enforcement powers for coronavirus support schemes

04 June 2020

The government is consulting on draft legislation to ensure that coronavirus business support grants are subject to tax, and to give HM Revenue & Customs new powers to ensure fair play by preventing non-compliance and abuse of the relevant schemes.

Survey raises question on whether sponsors may be missing reporting duties

09 June 2020

We recently conducted an employer survey which revealed that only 10% of respondents had made reports on sponsored workers’ conditions changing as a result of the COVID-19 pandemic.

EU plans changes to e-commerce and competition law

10 June 2020

We recently reported on the ASAI's publication of its annual report, in which it said that at a time when online shopping and digital commerce are experiencing exponential growth and have played a key role during the pandemic, it wants digital platforms to engage significantly from both compliance and funding perspectives.

New quarantine rules cause confusion for cross-border workers

10 June 2020

New rules require most international travellers arriving in the UK from 8 June 2020 to self-isolate for 14 days. There is an exemption for cross-border workers, however how this works in practice is not straight-forward.

Race discrimination complaints in the workplace and how to address them

11 June 2020

With Black Lives Matter protests taking place across the UK and around the world, many businesses have been publicly stating their commitment to equality and the BLM movement. But what happens when the experience of current or former BAME (black, Asian and minority ethnic) employees is alleged not to live up to that standard?

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