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MAC proposals will switch it up for Tier 4 students wanting to work in the UK
17 September 2018September marks the start of what is likely to be a busy few months in the world of immigration law, with the eagerly awaited Migration Advisory Committee’s report into the impact of EU workers on the UK economy likely to be released in the next few weeks and the long overdue immigration white paper following in October.
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Parental bereavement bill receives royal assent
14 September 2018The Parental Bereavement (Pay and Leave) Bill received royal assent yesterday to become the Parental Bereavement (Leave and Pay) Act 2018. It entitles employed parents who have lost a child to take statutory paid leave to allow them time to grieve. It is expected that the new rights will come into force in 2020.
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Data breaches under the GDPR - will the sky come crashing down on British Airways?
11 September 2018Between 21 August and 5 September, British Airways (“BA”) suffered a data breach - in essence, its systems were “hacked”. This has affected the personal data of around 380,000 individuals. Following an announcement through BA’s Twitter account, the story was quickly picked up by mainstream media outlets, demonstrating the significant publicity that such events can generate in a short space of time.
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Kirstie Allison writes for Employment Law Journal: Crucial competencies for in-house employment lawyers
Press
10 September 2018In an article for Employment Law Journal, Kirstie Allison offers a personal perspective on working in house and some suggestions on how to perform the role effectively.
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Lewis Silkin’s Hong Kong team win Immigration Firm of the Year award
Press Release
10 September 2018Market-leading employment and immigration law specialist Lewis Silkin has won the ‘Immigration Law Firm of the Year’ award at the Macallan ALB (Asian Legal Business) Hong Kong Law Awards 2018.
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Pre-transfer dismissal was by reason of transfer and automatically unfair
06 September 2018The Employment Appeal Tribunal (“EAT”) has upheld a decision that the dismissal of an employee immediately before a TUPE transfer was automatically unfair because the principal reason was the transfer. The EAT rejected the transferee employer’s contention that the reason for the dismissal was personal to the employee’s circumstances and so unrelated to the transfer.
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TUPE and the transfer of public administrative functions
06 September 2018In a case about whether TUPE applied to the transfer of a public health team commissioning services, the Employment Appeal Tribunal (“EAT”) has considered points of appeal in relation to two seldom litigated provisions of TUPE.
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Fragmentation of activity may preclude service provision change
06 September 2018The Employment Appeal Tribunal (“EAT”) has confirmed that when considering whether or not there has been a TUPE service provision change (“SPC”), it is critical to identify the relevant activity. The analysis must be done in the right order and any fragmentation should be considered when considering if activities carried on by the subsequent service provider are fundamentally the same as those carried on by the outgoing service provider.
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Naomi Hanrahan-Soar writes for ITProPortal - UK immigration and the national cyber security strategy
Press
05 September 2018In an article for ITProPortal, Naomi Hanrahan-Soar discusses the need for a diverse and skilled workforce if the UK aims to be a world leader in cyber security.
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Tom Heys writes for Employee Benefits: Gender pay gap reporting for smaller employers could be problematic
Press
05 September 2018In an article for Employee Benefits, Tom Heys discusses Gender Pay Gap reporting and how the Business, Energy and Industrial Strategy Committee's recommendations to extend reporting to companies with over 50 employees will affect smaller businesses.
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Five-month cessation of activities does not prevent transfer of undertaking under EU law
04 September 2018In a Spanish case, the European Court of Justice (“ECJ”) has ruled that a five-month break in activities between outsourcing contracts did not prevent the transfer of an undertaking under the 2001 EU Acquired Rights Directive (“ARD”).
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James Davies comments for The Law Society Gazette: THE LOW DOWN
Press
04 September 2018James Davies comments in an article for The Law Society Gazette, which discusses the demand for employment law advice due to the increase in ‘gig economy’ cases and the abolition of tribunal fees.
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UK immigration system “almost impossible to navigate”
04 September 2018Last week The Guardian published an article about the volume of UK immigration laws and the frequency of changes and amendments to them. This was sparked by some damning remarks from Lord Justice Irwin who said that the system is “something of a disgrace” and almost impossible to navigate.
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‘Loophole’, or lobbying for change?
31 August 2018Migration Watch UK has recently published a paper drawing attention to a perceived abuse by certain employers of part of the UK’s immigration system. Distortion of the ICT visa system suggests that the Tier 2 (Intracompany Transfer) (‘ICT’) visa route is currently being exploited by employers who are ‘undercutting the domestic labour market’. The ‘law that is’ and the ‘law that ought to be’ by nature pull in opposite directions. Taking UK immigration law as a ‘closed circuit’, the use of the word ‘loophole’ might better be categorised by some as simply ‘poor regulation’.
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Karen Baxter and Rhian Hall write for The HR Director: Health and wellbeing at work
Press
21 August 2018In an article for The HR Director, Karen Baxter and Rhian Hall discuss today's flexible working culture and how not having a clear line between work and home life can have a negative impact on employee wellbeing.
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Lewis Silkin takes on the SAS endurance challenge, “The Fan Dance”, for Alzheimer's Research UK
Press Release
15 August 2018On Saturday 22 September, Lewis Silkin will be participating in their big annual fundraising challenge in aid of the firms chosen charity, Alzheimer's Research UK.
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Kathryn Weaver writes for Human Resources Online: Sexual Harassment in Hong Kong
Press
10 August 2018In an article for Human Resources Online, Kathryn Weaver discusses the impact of the #MeToo movement and sexual harassment in Hong Kong.
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Residents of Taiwan, Hong Kong and Macau will not require work permits when they are hired by enterprises on the Chinese mainland potentially as soon as September 2018
10 August 2018On 3 August the State Council in China made an announcement to the effect that residents of Taiwan, Hong Kong and Macau will not be obliged to apply for work permits in order to be employed by enterprises on the Chinese mainland, under a new proposal set to operate from September 2018.
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Tom Heys comments for HR Grapevine: 100% of UK employers have published their Gender Pay Gap data
Press
07 August 2018In an article for HR Grapevine, Tom Heys discusses Gender Pay Gap reporting and states the regulations are progressive and valuable in terms of shedding light on workplace inequality.
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Lewis Silkin’s Hong Kong team shortlisted for three Asian Legal Business awards
Press Release
07 August 2018Market-leading employment and immigration law specialist Lewis Silkin has been shortlisted for three awards in the Macallan ALB (Asian Legal Business) Hong Kong Law Awards 2018.