Be Aware UK

News and views from DLA Piper's Employment team

Employment

UK immigration update: Anticipated Immigration Health Surcharge Increase

/ Employment, Immigration

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

/ / Employment, Immigration

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

/ Employment

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

/ Employment

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

/ / Employment, Immigration, Reform

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

/ , , / Employment

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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Amendments to Working Time Regulations and TUPE from January 2024

/ Employment

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

/ Employment

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

/ , , / Employment

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

/ , , / Employment, Immigration

  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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High Court quashes Regulations permitting cover by agency workers during strikes

/ Employment

In July 2022, the Government changed the law to allow businesses impacted by industrial action to fill the roles of striking staff with temporary workers.   The High Court has now decided that the 2022 Regulations implementing this change were unlawful and, as result, will cease to have effect from 10 August 2023.   From that date,

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Post-Brexit regulatory reform of employment law

/ Brexit, Employment, Reform

Following last week’s publication of its policy paper “Smarter regulation to grow the economy”,  the Government has now published a consultation on retained EU employment law and a response to its consultation on reform of non-compete clauses. Consultation on retained EU employment law The consultation paper confirms the Government’s intention to retain the UK’s strong

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Government publishes guidance on voluntary ethnicity pay reporting

/ , , , , / Employment

UPDATE: On 13 July 2023, the government also published its response to consultation on ethnicity pay reporting, again confirming that the government will not be legislating to make ethnicity pay reporting mandatory at this stage. Just over a year after the government confirmed that it would not introduce a legal requirement for employers to publish

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Government rejects opportunity to make menopause a protected characteristic

/ , , , , , / Employment

In July 2022, the Women and Equalities Committee published a report making a number of recommendations for the further protection of individuals affected by the menopause.  On 24 January 2023, the government published its response to the recommendations and, in a move which will be seen by many as disappointing and a missed opportunity, has

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