6 horrible hiring mistakes & how to avoid them!
Hiring mistakes can be extremely costly for organisations of all sizes. Recruiting new staff comes at a considerable cost in terms of both time and money, with some studies suggesting bad hiring decisions can cost an organisation between 20 and 30 percent of an employee’s annual salary. An awareness of common pitfalls will help you […]
Holiday pay on termination of employment
Holiday pay on termination of employment will be one of the elements when calculating an employee’s final salary. The following guide for employers sets out the rules on holiday pay when an employee leaves your organisation, helping to minimise the possibility of any errors or complaints. What are the rules on holiday pay on termination […]
Suitable alternative employment: HR help!
One aspect of the redundancy process that employers can find challenging in practice is the requirement to offer suitable alternative employment to employees at risk of being made redundant. An employer undergoing a redundancy exercise must offer suitable alternative employment to any employees who are at risk of redundancy if such a position is available […]
Termination of employment: how to dismiss?
By law, to fairly dismiss an employee you must show that you have a valid reason that you can justify and that you acted reasonably in all the circumstances. Under section 98 of the Employment Rights Act 1996 (the 1996 Act) there are various valid reasons for terminating employment. These include: Redundancy Conduct or Capability […]
Last in first out: fair redundancy?
When making redundancies, part of the requirements on employers is to ensure fair selection criteria are identified and used so as to avoid acting unfairly and unlawfully. The ‘last in first out’ method was once one of the most common ways of selecting employees for redundancy, but does it remain a valid and lawful way […]
Consumers Struggle to Get Refunds for Holiday Bookings
With flights, accommodation, tours and holiday plans disrupted due to the coronavirus pandemic, consumers are expressing increasing frustration as holiday companies appear to flout consumer protection laws by refusing to offer refunds. While some airlines, hotels and tour operators are approving refunds, albeit reluctantly, others are making it difficult to request refunds, with some refusing […]
Ventilator Manufacturers to be Protected from IP & PI Claims
UK manufacturers of ventilators being used to treat coronavirus patients are to be given specific legal protection in the event of any breaches of IP rules or personal injury claims, the Government has confirmed. Where new kit malfunctions, or is found to be defective or to infringe intellectual property rights, the Government has pledged to […]
Redundancy consultation period: HR advice
Specific processes and rules apply if your business is having to make employees redundant. These determine how you should consult with workers that may be affected and how long the redundancy consultation period needs to be. Get the process wrong, and as an employer, you could face costly tribunal claims for unfair dismissal. What is […]
Collective bargaining: employer guidance
The following guide examines the process of collective bargaining from an employer’s perspective, from the different types of collective bargaining and union recognition within the workplace, to how best to approach collective bargaining negotiations with a recognised trade union. What is collective bargaining? Collective bargaining is the official process by which representatives of trade unions […]
CPS Told to Downgrade “Less Serious” Cases
Prosecutors in England and Wales have been advised to take the current issues resulting from the COVID-19 crisis into account when deciding whether to press charges, under new guidance issued by the Crown Prosecution Service. The new guidelines state that serious cases should be prioritised and all options should be explored for less serious offences, […]
Overlooking is Not a Private Nuisance, Court of Appeal Rules
Loss of privacy as a result of overlooking by neighbours does not qualify as a form of nuisance, the Court of Appeal has ruled in a landmark judgment. The ruling confirms that, while noise, dust, noxious smells and vibrations inflicted by neighbours are among the types of nuisance offering legal protections to aggrieved parties, overlooking […]
Expat Tax When Moving to the UK
By moving to the UK you may become liable to pay UK income and capital gains tax, in addition to any tax liability in your home country. Understanding how expatriate tax works can be crucial in determining whether relocating to the UK is a financially viable move for you and your family. The following guide […]
Indefinite Leave to Remain After 5 Years?
Applying for indefinite leave to remain is rarely a straightforward process, given the stringent ILR requirements and since a refused application can cause huge disappointment and will result in a lost application fee. If you are looking to apply for UK Indefinite Leave to Remain after 5 years, you will need to check you qualify […]
ACAS shared parental leave: employer guide
Eligible employees are entitled to take time off work as shared parental leave (SPL). As an employer you will need to understand the statutory rights and responsibilities of your employees in relation to SPL and what this means for your business in practice when handling a request for SPL. Further, in accordance with best practice, […]
Tier 2 Sponsorship Licence: Hire Foreign Workers
The Tier 2 sponsorship licence permits employers in the UK to sponsor skilled foreign workers. Below we set out a brief guide to making a Tier 2 sponsorship licence application to enable your business to hire migrant workers in skilled roles. Does your business need a Tier 2 sponsorship licence? All non-EEA nationals must […]
Asylum Help (Application Advice)
The asylum processes in developed, industrialised western countries aren’t easy to understand. They are generally complicated, involve significant amounts of administrative hurdles and are often adversarial. Legal remedies against negative decisions, such as appeals, are extremely difficult to use in practice. The likelihood of getting protection from forcible return depends on the early and qualified […]
What Does Asylum Mean?
The meaning of the term ‘asylum’, in the context of immigration, is the protection offered by a country or state to a refugee who has left their home country, or feels that they cannot safely return to their home country, because of persecution they have suffered or may suffer on the grounds of race, religion […]
Difference Between Refugees & Asylum Seekers?
Refugee or asylum seeker? Both terms are often taken to mean the same thing, but in reality, there is a crucial difference between refugees and asylum seekers, as these terms actually refer to people at different stages in the process of seeking protection from persecution. What is the difference between refugees and asylum seekers? […]
Asylum and Immigration Tribunal Guide
The Asylum and Immigration Tribunal handles immigration-related appeals, including appeals from refused asylum seekers wanting to overturn a negative immigration decision. The Asylum and Immigration Tribunal is independent of the British government, and any appeals it considers are examined by a judge who will take into account both sides of the appeal and evidence provided […]
How to Apply for Asylum in the UK
To remain in the UK with refugee status, you will need to follow the asylum process to claim asylum in the UK. Seeking asylum is a fundamental human right, but to you must be able to show that you are eligible and are fleeing persecution in your own country and seeking refuge abroad. The following […]