Do workers have to disclose criminal convictions?
It’s understandable that employers want to determine whether a job candidate is trustworthy and of good character before hiring them, and to be certain that workers maintain this standard during the course of their employment. Pre-employment checks play an important role in vetting candidates and reducing risk during recruitment. Even if criminal record checks are […]
How to deal with data subject access requests
Employees have the right to request and acquire a copy of their personal data kept by their employer or former employer. This is known as making a data subject access request (DSAR) under the General Data Protection Regulation (GDPR). When dealing with subject access requests, employers have to ensure they comply with their compliance obligations […]
Consumer Watchdog Given Enhanced Powers to Tackle Rogue Trading
Enforcement of consumer law is being strengthened under new government plans announced today. A statement from the Department for Business, Energy & Industrial Strategy issued today outlines new enhanced powers for the Competition and Markets Authority (CMA) to be able to directly enforce consumer law, including the ability to fine firms up to 10% of […]
“Apocalyptic” Legal Bill Leads Judge to Call for Limits to Divorce Legal Costs
Divorce legal costs have come under the spotlight as a Hight Court Judge expressed concern at the “apocalyptic” legal bill facing a divorcing couple. Mr Justice Mostyn is ruling on divorce proceedings between Russian businesswoman Alla Rakshina and her Greek ex-husband, Lazaros Xanthopoulos. The case, being heard in London, began on 21 September 2020 and […]
Minimum Wage Rates & Other Statutory Payments 2022-2023
Changes have now taken effect relating to statutory employment payments. Employers must ensure they have taken action to ensure compliance, including reviewing and updating policies and documents, and adjusting statutory employment payments in line with the new applicable rates. Increase in statutory sick pay The weekly rate of statutory sick pay has increased from £96.35 […]
Digital Service Launched for Subject Access Requests to Ministry of Justice & Legal Aid Agency
A new digital service allowing individuals to request personal information held by the Legal Aid Agency and other parts of the Ministry of Justice is now available. In a statement on the UK government website, the Legal Aid Agency said the new online service had been designed to “improve user experience” for individuals making Subject […]
Redundancy notice period guide for managers
Employers making workers redundant have to follow a fair and lawful redundancy process. As part of this, employers must ensure affected workers are given their legal entitlement to redundancy notice and pay. Failing to meet your obligations can expose your organisation to claims for unfair dismissal. In this guide for employers, we explain the rules on […]
No Fault Divorce Now Allowed in England & Wales
From today, separating couples in England and Wales will no longer need to apportion blame as part of the legal divorce process. The Divorce, Dissolution and Separation Act (2020) brings in the most far-reaching change in divorce laws in more than 50 years. Under the new no-fault divorce rules, either one or both of the […]
Redundancy Pay (How Much Are You Entitled To?)
If you are made redundant from your job, you may be eligible to receive redundancy pay. There are two types of redundancy payments: statutory and contractual. Statutory redundancy payments must be paid by employers to qualifying employees who are being made redundant. Contractual redundancy pay refers to any payment stated as a term within your […]
Increases to Statutory Employment Payments from April 2022
National minimum wage and other statutory rates of pay are set to change for the year April 2022-2023. Employers must ensure they adjust employee pay levels to comply with the new statutory rates. National minimum wage 2022-2023 From 1 April 2022, the following increases will apply: For workers aged 23 and over, the national living […]
Disqualification of Directors Explained
Directors of limited companies have to meet a number of legal duties. You can face disqualification from acting as a director if you have failed to meet these legal responsibilities by participating in unfit conduct, or wrongful or fraudulent trading. What are a director’s legal responsibilities? The Company Directors Disqualification Act 1986 is the primary legislation […]
UK Removes All COVID Travel Restrictions
From 4am Friday 18 March 2022, travel into the UK will no be longer subject to COVID-19 restrictions. The UK Government has removed the requirement on passengers arriving into the UK to take a COVID test or to complete a passenger locator form. In addition, unvaccinated passengers no longer need to take a pre-departure test […]
UK Launches Ukraine Visa Schemes
The UK Government has launched a number of visa schemes in response to the humanitarian crisis following Russia’s invasion of Ukraine. ‘Homes for Ukraine’ local sponsorship scheme A new local sponsorship scheme has been launched for Ukrainians without any family ties to the UK. Under the Homes for Ukraine scheme, sponsors such as communities, private […]
Divorce Portal to Close on 31 March as New System is Rolled Out
HM Courts & Tribunals Service (HMCTS) will be closing the MyHMCTS portal from 31 March 2022 as new no-fault divorce rules take effect in England and Wales. A new system for applications is expected to be available on 6 April. In practical terms, the closure means that from 31 March to 5 April, the digital […]
When is a director an employee?
Whether a director is an employee is an important consideration for tax and employment right purposes, as well as other statutory requirements. Below we examine the question of employment status for directors in more detail, focusing on the rules used to determine if a director undertaking regular remunerated work for a company is an ‘employee’ […]
Ending a Fixed Term Tenancy Early
What happens if you are a tenant living in a privately rented property that has a fixed term tenancy and you have to leave it early? Perhaps your job has changed and you need to move out of the area or a family member has become ill and you are leaving to care for them. […]
Journalist Wins in ‘Kleptocrat’ Book Libel Case
The High Court has dimissed a libel case brought by a post-Soviet mining company against a UK journalist. Kazakhstan-based Eurasian Natural Resources Corporation (ENRC), a mining company with interests around the world, brought the lawsuit against journalist Tom Burgis for his book ‘Kleptopia’. The book is about how dirty money and corruption are now “flooding […]
Home Office Announces Visa Extensions for Ukrainian Nationals in UK
The UK Home Office has announced temporary measures for Ukrainian nationals in the UK who need to need to extend their visa but who cannot return to Ukraine. Under the UK Immigration Rules, for most visa categories, visa holders are generally required to leave the country in order to apply to extend or switch their […]
Employment case law update February 2022
Read on for our monthly digest for employers on upcoming employment law changes and key employment cases that have recently been decided. Employment status & holiday pay entitlement Smith v Pimlico Plumbers Ltd In Smith v Pimlico Plumbers Ltd, the Court of Appeal considered the impact of worker status on holiday carry over entitlement. The […]
UK Government Closes Tier 1 Investor Visa
The UK Government has permanently closed the Tier 1 (Investor) Visa route for foreign nationals. The closure took effect from 4pm 17 February 2022, and applies to all new investor visa applications from applicants of all nationalities. In its statement, the Home Office advised that the visa route had been “under constant review” and that […]