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Refusing requests to work remotely in a hybrid workplace
25 January 2024Increasing office attendance remains high on the agenda for many employers, but upcoming changes to the flexible working regime could prompt more requests to work from home. Against this background, we consider a recent Employment Tribunal judgment which provides employers with some comfort that, if handled correctly, they can refuse requests to work entirely remotely, especially from employees in managerial positions where a degree of in-person time may be needed.
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Illegal working civil penalties due to triple from 13 February 2024
25 January 2024The civil penalty an employer may receive for employing an illegal worker will rise from £20,000 to £60,000. This significantly increases the financial risk to employers of failing to carry out rigorous and compliant right to work checks.
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Processing delays as changes loom
29 January 2024The Home Office is struggling to cope with a surge of demand for immigration application-related services ahead of an increase in the Immigration Health Surcharge and upcoming changes to the Skilled Worker and Partner routes.
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Home Office announces timeline for immigration reforms
30 January 2024The Home Office has issued a new statement outlining the launch dates for major reforms to the Skilled Worker and Partner routes. This, along with other recent announcements confirms a packed timeline of immigration reforms due to be made over the next year.
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Maternity leave and pay
31 January 2024The law recognises employees on maternity leave as being particularly vulnerable and gives them special protection. As a result, employers need to be careful to make sure they comply with their legal obligations in this area. This Inbrief summarises the rights that employees on maternity leave enjoy and looks at some common problem areas.
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Paternity leave and pay
31 January 2024The law relating to paternity leave and pay is not as developed or as complicated as maternity legislation, but employers still need to be aware of the legal position. In this Inbrief, we summarise the rules and look at some practical issues.
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UK Migration Advisory Committee to advise on new Immigration Salary List
01 February 2024The Home Office has asked the Migration Advisory Committee to conduct a ‘rapid review’ of which occupations should be initially included on the Immigration Salary List (ISL). This list will replace the Shortage Occupation List (SOL) for the Skilled Worker route from April 2024. Employers experiencing skills shortages should consider submitting evidence to the full ISL review, which is expected to be commissioned shortly.
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Ten top tips for employing an apprentice
01 February 2024With National Apprenticeship Week coming up next week, it’s a good time to think about hiring apprentices. Many organisations are looking to recruit for their September intake in order to make good use of their Apprenticeship Levy funds. Here are our ten top tips for employing an apprentice.
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Shared parental leave
02 February 2024The system of shared parental leave gives parents flexibility to decide how they want to share care for their child in the first year. Guidance is available for employers and employees from the government and Acas, explaining how the shared parental leave regime is intended to work.
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Family rights
02 February 2024Employees who have parental responsibility for a child are afforded certain legal rights in order to protect and support their role as parents. In this Inbrief, we summarise the basic legal position on maternity and adoption, shared parental leave, paternity leave, parental leave, time off for dependents, carer's leave and flexible working, referred to collectively as “family rights”.
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Labour plans changes to discrimination law
06 February 2024The Labour party has set out new proposals to change discrimination law, including the idea of extending equal pay claims to cover ethnicity and disability. This is likely to make employment claims much more complex and costly, and much slower to resolve. Here’s our take.
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Apprenticeships
06 February 2024This Inbrief provides an overview of the law and current practice relating to apprentices. It focuses mainly on the Approved English Apprenticeship regime but touches on some of the other types of apprenticeship. We also highlight the main pitfalls to avoid when recruiting apprentices.
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Court backs decisions regarding cancellation of nickel trades
06 February 2024Towards the end of 2023, the Administrative Court handed down a judgment in R (on the application of Elliott Associates LP and others) v The London Metal Exchange and LME Clear Limited [2023] EWHC 2969 (Admin), rejecting a challenge to decisions made regarding the cancellation of nickel trades in a “disorderly market” in March 2022 and associated claims for damages. We consider key aspects of the decision and implications for the market.
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Five top tips for using biometric data in the workplace
08 February 2024As we become more accustomed to using our faces or fingerprints to unlock devices in our everyday life, it’s not surprising that UK employers are considering using biometric systems in the workplace. However, employers need to address the significant challenges involved with using biometric data.
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Gender identity data in the workplace
08 February 2024Safeguarding all personal data not only upholds data subjects’ rights but also cements trust and good employee relations. Special category data must be treated with more protection because it is sensitive, but information about gender does not automatically fall into this category and in many cases will fall into a data-lacuna. A recent case reminds us that employers nonetheless need to take great care with gender identity data.
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Guidance on key concepts of privilege from Court of Appeal
15 February 2024The Court of Appeal ("COA") has handed down a judgment dealing with a number of important points regarding the scope of legal professional privilege and the iniquity exception.
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New visitor rules benefit business visitors to the UK
15 February 2024Since 31 January 2024, the Immigration Rules for visitors have been liberalised to allow a wider range of activities for business visitors, including in the areas of intra-corporate activities, remote working, providing legal services and carrying out research. The Permitted Paid Engagement visitor route has been expanded and incorporated into the standard visitor route, meaning these visitors can stay for up to six months.
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New Immigration Rules place greater restrictions on care workers
22 February 2024From 11 March 2024 care providers in England cannot sponsor new care workers under the Skilled Worker route unless they are registered with the Care Quality Commission. From the same date, newly sponsored carers can no longer bring their family members to the UK.
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Home Office reconfirms Ukraine Schemes do not lead to settlement
27 February 2024New Immigration Rules laid on 19 February 2024 have made immediate changes to the Ukraine Schemes, including closing the Ukraine Family Scheme. A separate announcement reconfirms that the Ukraine Schemes do not lead to settlement, but that an 18-month extension will be available for scheme participants from early 2025. Participants wishing to settle in the UK should urgently review their options ahead of restrictions to work and partner routes being implemented in March and April 2024.
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New Code of Practice published on fire and rehire
29 February 2024The government has published new statutory guidance which warns that ‘fire and rehire’ should only be used to change employees’ terms and conditions as “a last resort” and urges employers to first engage in thorough and open information and consultation processes.