Immigration rule changes announced in the event of a “no deal” Brexit
SPEEDREAD: European citizens arriving in the UK after a “no deal” Brexit has taken place will be able to apply for the new “European Temporary Leave to Remain” visa to live and work
On 24 October 2019, the Home Office published its Statement of changes to the UK Immigration Rules which, for …
What is the impact of Brexit likely to be for Turkish nationals benefiting from the Ankara Agreement?
The Ankara Agreement enables Turkish nationals to enjoy a number of advantages in terms of emigration to EU countries.
Turkish nationals already in the UK, are likely to see little difference once Brexit takes place, with or without a deal, and the Ankara Agreement no longer applies to the UK. …
The EU Settlement Scheme (EUSS) – what UK businesses and employers need to know
On 30 March 2019, the EUSS was fully implemented under UK immigration rules, as a post-Brexit system. This allows EEA and Swiss citizens, and their family members, to continue to live and work in the UK – EEA is short for the European Economic Area comprising the EU, Iceland, Liechtenstein, and Norway. …
Hiring Tier 4 (General) students doesn’t need to be hard work
SPEEDREAD: Where a Tier 4 (General) student visa holder can work in the UK, this is capped at up to 20 hours per week during term-time, and they can work full-time during “vacation” periods. A migrant may be able to continue working even though their visa has expired, and an employer’s statutory excuse may be …
What’s the reason for your visit to the United Kingdom? To compete in Wimbledon
SPEEDREAD: This article looks at the visitor visa rules with reference to some of the Wimbledon tennis players, and touches on some of the business activities visitors can do including whether they can be paid.
In the month of July, the UK has played host to a number of sports tournaments such as: The …
What's the deal with Brexit and the EU Settlement Scheme?
SPEEDREAD: This article touches on the latest on Brexit, and the EU Settlement Scheme. The “Scheme” fully opened on 30 March 2019 and allows EEA/ Swiss citizens and family members to voluntarily apply for free, for a new form of UK immigration status to continue living and working in the UK post-Brexit.
At a recent …
Cutting corners on immigration checks might cost UK employers in the long run
SPEEDREAD: Where the Home Office finds that a UK employer has employed individuals without a right to work in the UK, and/or the business has not carried out correct (follow up) right to work checks, they may be issued with a civil penalty of up to £20,000 per illegal worker.
When Immigration Enforcement, a part …
So you want to recruit international talent?
SPEEDREAD: In this article we look generally at when UK employers do and don’t need to have a sponsor licence to recruit someone, and we also give an overview on how a UK employer applies for a sponsor licence which might be necessary for example in a TUPE situation.
In Surrey there were approximately 1.3% employers holding a sponsor …
UK employers and changes to right to work checks
SPEEDREAD: Advice on how to carry out Right to Work checks for your employees and the perils of the civil and criminal penalties that may apply if the checks are not carried out properly. In the next few months, with Brexit looming, these checks will also apply to EU nationals under the EU Settlement Scheme.
Businesses who employ staff in …
UK Immigration round up 2018
2018 has been a rollercoaster of a year for UK immigration matters. From changes to the Tier 2 sponsored work system, to the alteration of the settlement path for Turkish migrants; from Brexit dominating headlines to an immigration route being “suspended” overnight (it wasn’t really in the end), there really has been a lot happening in the past …
Can UK employers continue to recruit EU citizens after Brexit?
SPEEDREAD: A quick guide to the EU Settlement Scheme, including key dates, a discussion of the difference between 'settled status' and 'pre-settled status', and how to prepare for Brexit.
Regardless of whether the UK and EU can agree on a final Brexit deal, there is an agreement in principle between both parties to allow EU citizens …
Employment Law Newsletter – October 2018
- Vicarious liability: The dangers of the after-work work party
- Direct discrimination: The final word on “the gay cake”
- Whistleblowing: Individuals can be liable for causing a detriment
- Unfair dismissal: Dismissing for some other substantial reason
- Equality Act: Harassment claims are fact sensitive and context specific
- Annual Leave: ECJ rules parental leave suspends accrual of rights in Romania
- BREXIT: IPPR publishes report on post-Brexit employment rights
- Immigration: Changes to UK immigration rules announced
- Immigration: Home Office doubles Immigration Health Surcharge (IHS) for temporary migrants
- Data Protection: ICO takes action against organisations for failure to pay new fee
- Equality: BEIS launches consultation on mandatory ethnicity pay reporting
Vicarious liability: The dangers of the after-work work party
A case that is working its way through the courts is Bellman v Northampton Recruitment Ltd  EWCA Civ 2214 which has now been considered by the Court of Appeal. In December 2016 we reported that the sales manager had suffered a brain injury after being struck by a punch from the director. Rather than sue the director, …
Direct discrimination: The final word on “the gay cake”
A case that has been in and out of the headlines since we reported on it back in 2015 involves Ashers Baking Company Ltd, and that Bert and Ernie cake. In brief, the owners of the bakery refused to bake a cake for Mr Lee (himself a gay man) with a photo of Bert and Ernie from Sesame Street and the wording 'Support Gay …
Whistleblowing: Individuals can be liable for causing a detriment
In Timis and Sage v Osipov  EWCA Civ 2321 Alexander Osipov, Chief Executive Officer of International Petroleum Limited, was dismissed without notice following his disclosure corporate governance issues. This was on the recommendation of two non-executive directors, Mr Timis and Mr Sage. A tribunal held …
Unfair dismissal: Dismissing for some other substantial reason
In Hawkes v Ausin Group (UK) Ltd UKEAT/0070/18/BA the EAT considered the process needed for a dismissal for ‘some other substantial reason’. Mr Hawkes was a reservist with the Marines. He voluntarily signed up for a 7 week overseas training camp. His contract of employment permitted a week's unpaid holiday per year …
Equality Act: Harassment claims are fact sensitive and context specific
In Evans v Xactly UKEATPA/0128/18/LA the EAT had to consider whether Mr Evans’ claim of harassment on the grounds he’d been called a “fat ginger pikey” was genuine. The facts were that he had been employed as a sales representative by Xactly Corporation Ltd for just under a year, when he was dismissed …
Annual Leave: ECJ rules parental leave suspends accrual of rights in Romania
The question before the European Court of Justice in Tribunalul Botoşani v Dicu (Case C-12/17ECLI:EU:C:2018:799) was whether annual leave accrued during parental leave, when the contract of employment is suspended. The ECJ was asked to give a preliminary ruling regarding the interpretation of Article 7 of the …
BREXIT: IPPR publishes report on post-Brexit employment rights
The Institute for Public Policy Research (IPPR) has published a report on the future of post-Brexit employment rights, entitled ‘A Level Playing Field for Workers’. As part of the post-Brexit future relationship between the UK and the EU, both parties are expected to mutually agree minimum standards for employment …
Immigration: Changes to the UK Immigration Rules announced
On 11 October 2018, the Home Office published some welcome changes to immigration rules which will affect businesses and migrant workers in the UK. The new rules will largely take effect from 5 November 2018 (Statement of Changes to the Immigration Rules HC1534). This is part of the Secretary of State’s plan to introduce a “ …
Immigration: Home Office doubles Immigration Health Surcharge (IHS) for temporary migrants
Anyone who is in the UK on a work, study or family visa for longer than six months may, having paid the Immigration Health Surcharge for the total period of their visa, is permitted access to NHS services in the same way as UK citizens. Permanent residents in the UK, family members of EEA and Swiss …
Data Protection: ICO takes action against organisations for failure to pay new fee
The Information Commissioner's Office (ICO) recently announced that it had commenced formal enforcement action against 34 organisations that have failed to pay the new data protection fee. Any organisation that processes personal data is required to pay a fee unless they are exempt. The ICO uses the money to pay …
Equality: BEIS launches consultation on mandatory ethnicity pay reporting
BEIS has launched a series of measures to tackle barriers facing ethnic minorities in the workplace. Baroness McGregor-Smith started by investigating the issues affecting people from ethnic minorities in the workplace and produced a report with recommendations. One of which, was that the government should legislate for …
Short term business visitors & Non-UK resident directors: Tax considerations for UK companies
Content provided by Sarah Gardner of Dixcart International
When individuals not resident in the UK are short term business visitors to the UK and/or are directors of UK companies, the individual’s UK tax position needs to be considered carefully. UK tax may be due but …
Setting up a Business in the UK: The Legal Considerations
Starting a new business is very time consuming, especially if the UK is new to you, with different rules and regulations. Dixcart Legal Limited (Dixcart Legal) can assist with your legal requirements in a seamless way (as well as providing access to tax, IT, and payroll teams if required) so that you can focus your time on building your …