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Tier 1 Entrepreneur visa holders
25 April 2019
Due to changes in the Immigration Rules effective from 29 March 2019, existing Tier 1 (Entrepreneur) migrants may only extend their leave in this category if they apply on or before 5 April 2023. They may only apply for Indefinite Leave to Remain on or before 5 April 2025. This means that if you wish to stay in the UK, you must ensure that you meet the requirements for extension and Indefinite Leave to Remain by these dates.
Influencing for Impact – the Law Society report on the need for gender equality in the legal profession
25 April 2019
2019 marks the 100 year anniversary of women having the right to qualify as solicitors and barristers (as well as serve on juries and act as magistrates).
Employment status decision – National Gallery experts are workers
23 April 2019
Continuing the trend of cases about employment status, a group of expert educators who worked for the National Gallery have been found to be workers by an Employment Judge (“EJ”).
Removal of outdated contractual entitlement following transfer was not void
09 April 2019
The Employment Appeal Tribunal (“EAT”) has upheld a decision that the removal of outdated contractual entitlements following a TUPE transfer was not void, as the sole or principal reason was not the transfer or a reason connected with the transfer
Ask about… Retail, Fashion & Hospitality
09 April 2019
Many of our clients in the retail, fashion and hospitality sector face similar HR issues. Each month one of the members of our team will identify an issue, consider how it should be dealt with and provide our advice. This month we asked James...
Pre-transfer dismissal was by reason of transfer and automatically unfair
09 April 2019
The Court of Appeal (“CA”) 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 CA 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.
High Court construes TUPE indemnity
08 April 2019
The High Court (“HC”) has considered whether a TUPE indemnity for employment payments “which fall due” prior to the transfer date included sums whose payment dates had not yet crystallised.
Outsourcing: TU recognition application against service provider and client thrown out
05 April 2019
The High Court has dismissed a judicial review of two decisions of the Central Arbitration Committee (CAC) in relation to outsourced workers based at the University of London. The CAC had rejected applications by the Independent Workers Union of Great Britain (IWGB) for recognition for collective bargaining.
Neurodiversity, autism and the workplace
01 April 2019
“Neurodiversity” is a relatively new term, but increasing numbers of employers are seeking to plug their skills gap by developing a more neurodiverse workplace.
Dublin LS Mixer @ 6 - the in-house network you should be at!
28 March 2019
Lewis Silkin was delighted to host its first Dublin LS Mixer @ 6 this month for in-house counsel working in the creative, innovative and brand centric sectors in Ireland. The mixer is an opportunity for in-house counsel to hear from Lewis Silkin on the burning issues in their industry but also (and more importantly) to network and benchmark with fellow in-house counsel.
Employees fined for unlawfully obtaining data
25 March 2019
It is not just businesses that need to worry about the long arm of data protection, the Information Commissioner’s Office (“ICO”) has warned, after two employees were convicted of unlawfully accessing personal data and fined
EAT rules in first UK appeal case on European Works Councils
20 March 2019
In the UK’s first ever appeal case on European Works Councils (“EWCs”), the Employment Appeal Tribunal (“EAT”) has ruled that a Special Negotiating Body (“SNB”) can continue to exist after the third anniversary of a request to establish a EWC.
Tier 2 Sponsor Reference Book
15 March 2019
This Sponsorship Tier 2 Compliance Guide is a useful reference for you and your colleagues to guide you through your duties as a sponsor licence holder.
Court of Appeal maintains interim springboard injunction in team moves case
15 March 2019
Lewis Silkin has been successful in the Court of Appeal in resisting a challenge to the appropriateness of a springboard injunction secured in the High Court late last year. The injunction relates to ongoing legal proceedings concerning a team move and prevents a number of our client Secarma’s former employees and their new employers from competing and otherwise acting unlawfully.
Immigration fee changes from 29 March 2019
14 March 2019
The Home Office has released details of its immigration fees from 29 March 2019.
New Start-up and innovator categories and changes for investors from 29 March 2019
12 March 2019
On 7 March 2019 the Home Office published a Statement of Changes in Immigration Rules (HC 1919), which contains substantial changes to business and investment-related immigration categories from 29 March 2019. These include the replacement of Tier 1 (Graduate Entrepreneur) with a new Start-up category, and the replacement of Tier 1 (Entrepreneur) with a new Innovator category. There are transitional arrangements to allow those in the existing entrepreneur category to extend their stay and settle in the UK. There is also a significant tightening of the requirements under the Tier 1 (Investor) category.
Brexit – the final countdown (or is it?)
11 March 2019
The UK is leaving the EU in two and a half weeks’ time, at the time of writing. Or maybe it isn’t. Your guess is as good as ours.
Home Office confirms details of the full EU Settlement Scheme roll-out
08 March 2019
The Home Office has laid Immigration Rules implementing the full public roll-out of the EU Settlement Scheme from 7 am on 30 March 2019.
Consultation launched on misuse of confidentiality clauses
07 March 2019
The Government has published a consultation on measures to prevent misuse of confidentiality clauses in situations of workplace harassment or discrimination, following up on recommendations made by the Women and Equalities Committee (“WEC”).
Home Office publishes new immigration rules
07 March 2019
The new rules have introduced a number of significant changes that employers need to consider.