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Key immigration action points for HR in 2021
26 January 2021Free movement between the UK and the EEA/Switzerland came to an end at 11pm on 31 December 2020. Free movement has been replaced in the UK by the domestic immigration system, including the new Points-Based Immigration System (PBIS). EEA/Swiss nationals, excluding Irish nationals (‘EEA nationals’) who want to work in the UK now need some form of visa permission, depending on when they arrived in the country. This change has massive implications for UK employers. Employers will need to ensure they understand how the rules will affect their business, whether their recruitment plans and budgets are impacted, and whether their staff have the correct status to allow them to continue working both in the UK and abroad. With this in mind we recommend the following key action points for the first half of 2021.
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Skilled Worker visa provides new options for foreign workers
22 January 2021Under the new immigration system launched on 1 December 2020, the Skilled Worker route has replaced Tier 2 (General). Benefits for employers include fewer restrictions on switching into the Skilled Worker visa from within the UK; lowering the skills threshold to RQF Level 3; reduced salary thresholds and removal of the Resident Labour Market Test. We discuss the impact of these changes below, as well as some of the considerations for settlement.
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IR35 reforms and international issues
21 January 2021The new IR35 rules create some particularly complex issues where a contractor is based outside the UK. This article looks at some of the frequently asked questions.
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Accent discrimination, codeswitching and the Equality Act
21 January 2021A recent French law has banned discrimination against someone because of their regional accent. This article examines the UK legal position in relation to accent discrimination and goes on to consider the related issue of “codeswitching” and its potential negative impacts.
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Covid-19 – can employers in Hong Kong require their employees to be tested and vaccinated?
21 January 2021With a vaccination against coronavirus being rolled out in Hong Kong shortly, many employers in will understandably be eager to have their employees vaccinated in the hope of their workplace returning to some form of normality. This article explores some of the legal issues.
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IR35 reforms from April 2021
Inbrief
20 January 2021The proposed IR35 reforms for the private sector, now planned to take effect from April 2021, represent the biggest change to employment tax for decades.
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The importance of anti-racism in the workplace
19 January 2021In this article Seema Mitra explores the importance of anti-racism in the workplace.
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Right to work checks for EEA nationals during the first half of 2021
19 January 2021The Home Office has confirmed that there will be no change to the right to work check procedure for EEA nationals who start work in the UK between 1 January 2021 and 30 June 2021 (the post-transition ‘grace period’), but has left the question of what to do when an EEA national does not have the right to work unanswered.
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Tackling bullying and harassment in a remote working environment: Carolyn Soakell writes for People Management
Press
18 January 2021Inappropriate behaviour that may be obvious in the office may not be as visible when staff are at home, which can make victims feel nervous about speaking out.
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The impact of furlough on gender pay gap reporting: Tom Heys writes for workingmums
Press
18 January 2021This year’s gender pay gap figures could be much lower than previous years, but this will be on account of the impact of furlough rather than businesses taking more meaningful action on gender inequality.
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European Works Councils under Irish Law
Inbrief
14 January 2021European Works Councils are the only legally-mandated bodies for transnational information and consultation with employees in the world.
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Frequently asked questions on termination payments
Inbrief
06 January 2021Our FAQs Inbrief looks at some of the common tax questions that arise on termination of employment.
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Sickness absence and sick pay during the Covid-19 pandemic - FAQs for employers
06 January 2021This article answers some of the most frequently asked questions about sickness absence and sick pay during the ongoing Covid-19 pandemic, including the rules on statutory sick pay and the position of people who are self-isolating, “shielding” or otherwise vulnerable.
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Don’t leave IR35 until the last minute – five things you should be doing now
06 January 2021With less than three months to go until significant changes to the IR35 rules take effect in April 2021, this article sets out five steps that employers should consider taking now.
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What’s happening in employment law in 2021?
06 January 2021Although the Covid-19 pandemic still dominates the agenda, the employment law landscape continues to evolve. In this article, we review the significant developments in 2020 and look ahead to what’s on the horizon for employment law in 2021.
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Staffing decisions when reopening workplaces - flowchart
06 January 2021We have updated our flowchart to help employers decide which employees should attend their workplace during the Covid-19 pandemic following the introduction of a new national lockdown throughout England
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Gender pay gap may be skewed by furloughing: Tom Heys comments for The Times
Press
04 January 2021Furloughed workers will be excluded from mandatory gender pay gap reporting next year, which could distort pay disparities between men and women.
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What does the Brexit trade deal mean for employment law?
30 December 2020Boris Johnson was quick to proclaim Christmas Eve’s agreement on the future UK-EU relationship, just a week before the end of the Brexit transition period. We assess what implications the deal might have for employment law.
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What the trade deal with the EU means for immigration
29 December 2020With the end of the Brexit implementation period comes the end of free movement of persons. This is the case irrespective of the fact that the UK has secured a trade deal with the EU.
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Requirements for British nationals working in the EEA from 1 January 2021
24 December 2020With the end of free movement, we understand that there are some significant changes for employers to consider. As of 1 January 2021, Brits visiting and working in the European Economic Area (EEA) will be restricted, with Schengen rules being introduced for visitors and work visas being required otherwise.