Employment

UK immigration update: Illegal working civil penalties are increasing – Is your business compliant?  

At a glance Civil penalties for breaches of illegal working regulations will be tripling on 13 February 2024 to GBP45,000 for a first offence and GBP60,000 for each illegal worker for repeat or significant breaches. From 6 April 2024, all sponsors with a licence expiration date falling on or after 6 April 2024 will no …

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Consultation on proposal to reintroduce fees in the Employment Tribunals

The government has published a consultation paper on proposals to reintroduce fees in the Employment Tribunals and Employment Appeal Tribunal The proposal is for a one-off fee of £55 payable on presentation of the claim There will be no fee payable at the hearing stage There will be no distinction between types of claim There …

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Changes to the Equality Act with effect from 1 January 2024

At a glance The Equality Act 2010 (Amendment) Regulations 2023 (Amendment Regulations) came into effect on 1 January 2024. The Amendment Regulations incorporate in domestic law the effect of ECJ decisions interpreting discrimination law in the following areas: Indirect discrimination where a person without a relevant protected characteristic suffers the same disadvantage as those with …

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UK immigration update: Government issues clarifications on planned spring 2024 changes

Yesterday, the UK government published further detail on its five-point plan to reduce net migration figures. The announcement addresses concerns which have been raised by ministers and the public. The clarifications of most interest are as follows: The new Skilled Worker salary threshold of GBP38,700 is set to be implemented in April 2024. Skilled Workers who …

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UK immigration update: Anticipated Immigration Health Surcharge Increase

At a glance: The implementation date for planned increase to the Immigration Health Surcharge (IHS) still not certain, however this is likely to be 31 January 2024, at the earliest, or early February. Standard fee for adults increasing from GBP624 to GBP1,035 per year. Annual fee for migrants applying as Students, Student dependants and Youth …

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UK immigration update: Changes to Visitor Rules – Business Activities

At a glance: Clarification that business visitors in the UK may work remotely for their overseas employment, provided this is not the primary purpose of the visit. Employees of an overseas-based company with a UK branch may now carry out work directly with clients, provided the activity is incidental to their employment overseas and does …

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Flurry of employment law developments as 2023 draws to a close

At a glance Draft Regulations have been published bringing various new employment laws into force. The right to request flexible working will become a ‘day one’ right with effect from 6 April 2024 Carer’s leave in force from 6 April 2024 Redundancy protection period increased to 18 months for employees who take maternity, adoption or …

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5 considerations for employers when implementing AI technologies in the workplace

Whilst the use of AI undoubtedly brings with it many benefits, which are already being realised in the workplace, improper use or inadequate risk mitigation can result in a detrimental impact on the workforce. In this article we address five key factors employers should be considering when implementing such technologies in the workplace to reduce …

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Government announces five-point plan to cut migration figures to the UK

At a glance: Minimum salary threshold for Skilled Workers set to increase from GBP26,200 to GBP38,700 per annum (a third) from Spring 2024. The 20% reduction which can currently be applied to a role’s ‘going rate’ salary threshold for occupations that appear on the shortage list will be removed. Care workers sponsored under the Health …

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Redundancy consultation and the reasonableness of dismissal

At a glance In Haycocks v ADP RPO UK Ltd the EAT explored the interplay between reasonableness and consultation in a redundancy situation. A reasonable employer will seek to minimise the impact of a redundancy situation by limiting numbers, mitigating the effect on individuals or avoiding dismissal by engaging in consultation. General workforce consultation should …

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What does AI and technology mean for the employment sphere?

When we connect artificial intelligence (AI) and technology in the workplace, often one of the first things that springs to mind is robots replacing workers and our jobs. Whether that’s a misconception remains to be seen, but one thing for sure is that in recent years we have experienced a technological revolution in the workplace …

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Amendments to Working Time Regulations and TUPE from January 2024

At a glance Government response to consultations on proposed amendments to Working Time Regulations (WTR) and TUPE published. Irregular hours and part-year workers will accrue holiday at 12.07% of hours worked. Rolled-up holiday pay will be permitted for irregular hours and part-year workers, but employers will be required to calculate it based on a worker’s …

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Administrator – “officer of the company”? The risk of criminal liability under the Trade Union and Labour Relations (Consolidation) Act 1992

R (ON THE APPLICATION OF PALMER) V NORTHERN DERBYSHIRE MAGISTRATES COURT AND ANOTHER [2023] UKSC 38 Insolvency practitioners will welcome the Supreme Court’s recent decision that an administrator of a company appointed under the Insolvency Act 1986 (IA) does not fall within the ambit of section 194(3) of the Trade Union and Labour Relations (Consolidation) Act …

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Holiday pay: Supreme Court in Agnew increases employers’ potential liability for underpaid holiday pay

The Supreme Court has handed down judgment today in Chief Constable of the Police Service of Northern Ireland and another v Agnew and others. The judgment has significant implications for liability for underpaid holiday pay for employers, although its impact in Great Britain is mitigated by the legislation which created a two-year backstop for such …

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UK immigration update: Increases to immigration fees

  On 15 September 2023,  the UK government published changes to immigration fees that will come into effect on 4 October 2023. We have summarised the relevant fee changes below. Visa fee increases Fee category Current fee New fee Fee increase Certificate of Sponsorship (payable for all new Skilled Worker or Global Business Mobility visas) …

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