BREXIT: ICO website contains SME Brexit preparation tools
Who knows what the next few weeks have in store, but that’s not very helpful for businesses. Whilst most businesses may well be more prepared than the government, the ICO has produced guidance and practical tools to help organisations prepare in terms of their data, including:
1. Six steps for data compliance …
Immigration: Seasonal workers pilot opens
In September 2018, the Home Secretary and Environment Secretary announced that, having listened to farmers, they were introducing a nationwide pilot scheme seasonal workers to bring seasonal migrant workers to UK farms. The pilot opened on 6 March meaning that UK fruit and vegetable farmers will be able to employ migrant workers for seasonal work …
Modern Slavery: Annual anti-slavery audit will result in naming and shaming the non-compliers
In October 2018, the Home Office was moved to action following pressure from numerous groups frustrated by what they see as ‘blatant compliance failures’. It began with the Home Office writing directly to the chief executives of 17,000 businesses telling them to open up about modern slavery …
GDPR: Draft guidelines on GDPR territorial applicability produced
On 23 November 2018, the European Data Protection Board (EDPB) published its guidelines on the territorial scope of the GDPR. These are available for public consultation and the EDPB is currently seeking comments on it – to be received by 18 January 2019.
Territorial scope for controllers and processors both inside and …
BREXIT: Minister confirms employers will not have to check EU nationals' right to work
Immigration Minister Caroline Nokes has clarified that employers will not be required to carry out additional checks on the eligibility of EU nationals to work in the event of a no-deal Brexit. This comes following some confusion from the government and backtracking on comments she made just a week earlier.& …
BREXIT: Employment legislation being put in place in case of no deal
The government is getting itself ready for the event of a no-deal Brexit. A second draft statutory instrument has been laid before parliament which will amend employment law. It is drafted to come into effect on exit day but only if there is a no-deal Brexit, as it is likely to be revoked or amended if an agreement is reached. …
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 …
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 …
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 …
Modern Slavery Act 2015: Review of terms of reference
In July, the Home Office announced their plans to launch an independent review of the Modern Slavery Act 2015. This comes after their recent report on the devastating economic and social costs of modern slavery. The report puts the estimated cost of modern slavery to the UK at up to £4.3 billion a year.
The terms of reference …
Brexit Update: Future of UK-EU relationship & settlement scheme for EU citizens
On 12 July 2018, the government published a white paper entitled: 'The future relationship between the United Kingdom and European Union’. It reiterates that the government's policy is for the UK to leave the single market and the customs union, and gain flexibility to conclude new international …
Data Protection Update: New draft regulations and guide published
On 20 February 2018, the government published the draft Data Protection (Charges and Information) Regulations 2018. The plan is for these to be finalised and come into force on 25 May 2018 in line with the GDPR.
The draft regulations, which replace the Data Protection (Notification and Notification Fees) Regulations 2000 (SI 2000/ …
The EU General Data Protection Regulation and your business
SPEEDREAD: A summary of the main issues you and your business need to be aware of regarding the GDPR. It will replace the Data Protection Act and so if you deal with personal or sensitive data in your business (all employers process personal data) you NEED to read this and make sure you are getting ready.
What is the …
Employment Law Newsletter – January 2018
2017 Employment Law Round Up & What to Expect in 2018
We’ve taken a look back at 2017 to see what the biggest issues in Employment Law were, and to see what might turn up this year.
Undoubtedly, the employment status of workers has given the tribunals and courts plenty to keep them busy recently. Arguably this is at once both a …
Right to Privacy: Surveillance cameras in university auditoriums violate human rights
The European Court of Human Rights has recently had to consider whether video cameras installed in a university’s student auditoriums breached the Right to Respect for Privacy and Private Life set out in Article 8 of the European Convention on Human Rights.
The case before it originated from Montenegro …
BREXIT: New settled status for EU citizens
In November, the UK government published further information on its proposed new “settled status” scheme for EU citizens who wish to stay in the UK post-Brexit, as part of its ‘UK leaving the EU: What you need to know’ information. The aim is for this new status to allow lawful residence in the UK for most EU citizens who …
Working Time Directive: Weekly rest period can start at any point within reference period
In June, Advocate General Saugmandsgaard Øe gave an opinion that the 24-hour weekly rest period provided by the Working Time Directive (Directive 2003/88/EC) may be granted on any day in each seven-day reference period. In the case of Maio Marques da Rosa v Varzim Sol – …
Brexit: EHRC says government must protect equality in constitution post departure
The Equality and Human Rights Commission (EHRC) is a watch dog that was set up by the government with the aim of challenging discrimination, and protecting and promoting human rights. Its job, it says, is to make Britain fairer. To this end, the Commission has been vocal about what the landscape should …
Data Protection: Start preparing now for the GDPR
As we reported last month, the UK’s law regarding Data Protection is changing in a big way soon through implementation of the General Data Protection Regulation (GDPR) and the new Data Protection Bill, which is currently being debated in parliament. If your business deals with personal data in any way it will need to abide by, and …
Jurisdiction: Can diplomatic immunity extend to protection from employment claims?
If you’re of a certain age, you may just smile - and hear Joss Ackland’s South African accent - every time you hear the words “diplomatic immunity”, but how far can it really reach? The Supreme Court has had to consider this very question with regard to the State Immunity Act 1978 and the …
Data Protection: New bill published and ICO issues law enforcement checklist to get ready for it
In a big review of the law on data protection, draft legislation was published on 14 September 2017 (entitled ‘The Data Protection Bill’) and has recently had its second reading in parliament. Its aim is to replace the Data Protection Act 1998 and modernise our data protection laws to …
Modern Slavery Act: The government publishes a new practical guide - ‘Transparency in Supply Chains’
A key part of the Modern Slavery Act 2015 is that certain organisations must produce an annual statement detailing the steps they have taken to ensure that neither their business nor their supply chain contain any human trafficking or slavery practices. Under section 54(9) of the Act, …