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Five pitfalls to avoid with the EU Settlement Scheme
27 October 2020Despite the EU Settlement Scheme (EUSS) being publicised as being simple and straightforward, there are many potential pitfalls for the unwary, particularly when the circumstances of the COVID-19 pandemic are factored in. To avoid them, it will be important for individuals to be aware of the scheme and to get to grips with it before the end of this year. This is because in some cases, assessments and actions will need to be completed by then, despite main deadline for the scheme not being until 30 June 2021.
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Dealing with Data Subject Access Requests
27 October 2020Receiving a Data Subject Access Request (a ‘DSAR’) can be tricky for any organisation. In addition to the additional work created for overstretched IT, HR and data privacy personnel, the potentially thousands of documents that a DSAR can cover need to be analysed, redacted and reproduced for the data subject, all within the deadline of a calendar month.
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When working from home means working abroad
26 October 2020Covid-19 is causing many employees to ask if they can work from “home” for an extended period in an overseas country - for example, because it is their home nation, or their family is based there. This article explains the potential legal issues and how to avoid the traps.
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New video sharing platform regulations - something to get twitchy about?
26 October 2020Does your website/app/platform allow the sharing of videos? Even just as an add-on to its main activities? If so new regulations governing video sharing platforms need to be on your radar.
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ICO publishes updated Data Subject Access Request guidance
23 October 2020Two and a half years after the GDPR came into force, the ICO have published their long awaited guidance on Data Subject Access Requests (“DSARs”).
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New changes to the Job Support Scheme – an open and shut case?
23 October 2020The Chancellor has significantly expanded the Job Support Scheme after objections from businesses, particularly those in tier two areas, that they are facing massively reduced demand but less support from the government than tier three businesses legally forced to close. Under the revised scheme, employees will have to work fewer hours and employers will need to contribute less in order to qualify. The changes could have a significant impact – but there is precious little time available to employers to take the steps needed to take advantage of the scheme before it comes into effect.
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Coronavirus Job Support Scheme – FAQs for employers
23 October 2020The government’s new Job Support Scheme replaces the furlough scheme and starts on 1 November 2020. It comprises two wage support schemes – a scheme to support businesses required to close as a result of coronavirus restrictions and a scheme to support businesses that can stay open but are facing lower demand. These FAQs cover eligibility, how the Job Support Schemes work, what you need to agree with employees and alternative resourcing options for employers.
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Home Office publishes Immigration Rules for the new UK immigration system
23 October 2020Statement of Changes in Immigration Rules HC 813 was laid on 22 October 2020 and is the key document outlining the features of the Government’s Points-Based Immigration System, as well as simplifying the language and structure of some areas of the Rules. The new system will apply to EEA and Swiss nationals, aside from Irish nationals (EEA nationals). This insight focuses on some of the changes that are likely to be of most interest to employers.
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BA’s jumbo fine significantly reduced
21 October 2020In what has so far been a torrid year for British Airways (“BA”), the ICO decision to significantly reduce the level of fine it intended to issue following their data breach in 2018 is likely to be seen by BA as a glimmer of hope.
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As “proper” Brexit gets closer, what do commercial lawyers need to consider?
21 October 2020Businesses are having a tough year with the pandemic and now the spectre of a no-deal Brexit (and even if we do have a trade deal with the EU, there are still going to be many changes) isn’t making thing easier.
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A guide to the immigration implications of COVID-19 for UK employers
21 October 2020This document sets out the main immigration law issues and Home Office guidance that you need to be aware of so you can consider the implications of the COVID-19 pandemic for your business. The Home Office is making policy announcements and issuing revised guidance regularly and we will keep you updated as this is published.
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Supreme Court housing case could increase scope for positive action in employment
20 October 2020Social housing places can be reserved exclusively for Orthodox Jews, according to the Supreme Court in a case which may have longer-term implications for employers considering taking positive action as part of their diversity initiatives.
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Migration Advisory Committee commissioned to report on Intra-Company Transfers
19 October 2020On 1 October 2020 the Migration Advisory Committee (MAC) accepted a commission from the Home Secretary to review Intra-Company Transfer (ICT) visa arrangements. It has also been asked to consider what provision could be made to allow overseas businesses to send a team rather than one individual to establish a UK branch or subsidiary, or to carry out a secondment to work on a high-value goods or services contract. The report is due by the end of October 2021, with a revised route likely becoming available in 2022.
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Dispute Resolution Update - October 2020
16 October 2020Welcome to our October 2020 Dispute Resolution Update which collates some of our recent insights. We will be hosting our next dispute resolution webinar on the 5th November 'Trading through the pandemic: insolvency issues, risk and contractual performance.' You can find registration instructions here. Thank you for reading the October Dispute Resolution Update.
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Ireland’s Budget 2021: Key takeaways for employers
16 October 2020The Covid-19 pandemic and the threat of a no-trade deal Brexit are the overriding themes underpinning the government’s budget for 2021. According to Tánaiste Leo Varadkar, the government has set aside €5.5 billion in contingency funds due to the “unbelievable uncertainty” facing the country. In this article we highlight key points from the budget for employers to note.
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Sports Q&A - Should mediation be used more in sports disputes?
16 October 2020With sports disputes becoming more and more prevalent, it is more important than ever for parties to consider using alternative means to resolve disputes like mediation rather than the more traditional methods such as arbitration or court proceedings. However, whilst mediation is commonly used to resolve commercial disputes, it is not used as often in sports disputes despite its many benefits.
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What does the Covid-19 tier system mean for offices?
16 October 2020Regulations underpinning the 3-tier lockdown system are now in force in England, as part of the government’s efforts to step up its response to the pandemic. This article considers if the new regulations demand a stricter approach to office work and meetings.
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IR35: a welcome sigh of relief
15 October 2020New guidance released by HMRC offers some re-assurance to businesses looking to hire contractors through agencies or umbrella companies. Despite broad wording in the Finance Act potentially suggesting otherwise, HMRC guidance indicates that they will not require the new IR35 rules to be operated if the contractor is an employee of a third party such as a UK based agency or umbrella company.
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Pandemic right to work check procedures
15 October 2020Under the Home Office’s current guidance for right to work checks (“RTW”), it is possible to conduct a fully compliant initial or follow-up RTW without seeing the individual face-to-face. Where this is not possible during the COVID-19 pandemic, the Home Office has instituted a temporary adjusted procedure, which must be backed up by retrospective checks in due course. We have summarised the options and procedures below, as well as highlighting some general points to be aware of during the pandemic.
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Privilege Denied – “Dominant Purpose” in Practice
14 October 2020In the long-running case of Financial Reporting Council v Fraser’s Group (formerly Sports Direct International Plc) numerous issues of privilege have arisen.