Sponsor licence revoked?
If an organisation with a sponsor licence does not meet the various compliance duties as required under the Immigration Rules, the Home Office has powers to take enforcement action. Where serious compliance breaches are alleged, the Home Office may send a notification letter stating that the organisation’s sponsor licence has been revoked or suspended pending […]
Home Office Sponsor Compliance Visits
UK employers must meet their duties under the prevention of illegal working regime. Sponsor licence holders have to meet additional compliance duties under the terms of the sponsorship licence. The Home Office relies on a range of methods to monitor employers and sponsor licence holders, including UKVI sponsor compliance site visits. During a site inspection, […]
Authorising Officer SMS & Compliance Duties
Among the many compliance duties placed on sponsor licence holders is the requirement to nominate an ‘Authorising Officer’ as one of the key personnel roles. It will be critical for the individual holding this role to fully understand the extent and importance of their duties as the AO, since the Home Office can impose significant […]
ACAS Early Conciliation Form Guide
If a workplace dispute has escalated and the employee is considering making a tribunal claim, there are steps they will need to follow before they can take their complaint to the Employment Tribunal. ACAS rules require a potential claimant to go through the Early Conciliation process before a tribunal claim can be issued. ACAS early […]
Variation Clauses in Employment Contracts
Variation clauses can be effective in affording employers a degree of flexibility when changing employment contract terms and conditions. Employers should, however, proceed with caution before taking steps to vary employment contract terms, both to avoid legal complaints and damaging workforce relations. In this guide for employers, we explain the different types of variation clauses […]
Digital Right to Work Checks: HR Guide
As a UK employer, you are under a duty to prevent illegal working by ensuring that those you recruit, and remain in your employment, have the right to work in the UK and undertake the work on offer. The following guide sets out the new rules on digital right to work checks. We also examine […]
HR Induction Process Guide
The first few weeks of employment are important for many reasons. For employees, feeling supported and equipped during this transition period can mean they settle quickly into their new role and organisation. Employers will also want to avoid issues with new starters; after investing in a recruitment process and given the demands of the role […]
How to Tackle Interviewer Bias
Finding the right person to fill a vacant position can often prove to be a challenging process for hiring managers and recruiters, not least when it comes to the interview stage. Interviewer bias has become a recognised area of risk for employers when recruiting, which results not only in potentially and inadvertently missing out on […]
What does Provision, Criterion or Practice (PCP) mean for employers?
The phrase ‘Provision Criterion or Practice’ (PCP) relates to indirect discrimination. For employers, it is vital to understand what this term means to help avoid falling foul of the law. In this guide, we explain what Provision Criterion or Practice means, what the law says about PCP and we share best practice for employers to […]
SMS Level 1 User Guide
The role of key personnel in managing an organisation’s sponsor licence can’t be underestimated in ensuring compliance with the employer’s duties under its sponsor licence. The management of the sponsorship licence is conducted through the sponsor management system (SMS) and therefore it is essential that the key personnel, in particular any level 1 user(s), are […]
Salary Benchmarking Guide for HR
Pay and reward schemes remain a highly emotive area, with employers generally faced with the challenge of keeping wage costs as low as possible without compromising talent retention and attraction. If wages are being reviewed, or salary levels for new roles are being set, it’s important that these levels are considered in the wider context […]
Guide to UK Recruitment Laws
For employers, the primary concern during the recruitment process will be finding and onboarding the right candidate. But the recruitment process not only carries risks in selecting the best person for the job. Employers also have to contend with legal risks, ensuring applicants’ rights are not infringed and that the organisation has complied with its […]
Can Sponsored Workers Have a Second Job?
In light of the ongoing cost of living crisis, many workers may be looking for additional sources of income. For sponsored migrant workers, however, it may not be as straightforward as simply finding a second job. The worker has to ensure that their visa conditions allow them to take on more work, and their employer […]
Unfair Dismissal Guide for Employers
In this guide for employers, we explain the fundamentals of unfair dismissal, including how ot reduce the risk of being subject to unfair dismissal claims. What is unfair dismissal? An employee’s right to not be unfairly dismissed is set out under section 94 of the Employment Rights Act 1996. The ERA states what the right […]
Subcontractor Rights (Employers’ Guide)
An individual’s employment status determines their workplace rights and responsibilities. As an employer, it is important to be aware of the employment status of the people working for you, to ensure your obligations towards them are met. This guide will focus on the employment status of subcontractors in your workforce and the subcontractors’ rights you […]
How much notice to change working hours?
Making a change to a term in an employee’s contract, such as changing working hours, is called a ‘variation of contract.’ If their contract contains an agreed number of hours they are to work each week, then you cannot arbitrarily reduce them. You must follow a fair procedure to change contract terms and ensure you […]
Lone Working Rules (Advice for Employers)
In this guide for employers, we explain the law in the UK relating to lone working, from the protection that those working alone or in isolated conditions should be afforded, to the importance of putting in place a lone worker policy and what this should include. What are lone workers? A lone worker is anyone […]
Sponsor Licence Change of Circumstances
Given the business-critical nature of sponsoring migrant workers, careful and effective management of your sponsor licence is essential to avoid Home Office enforcement action that could impact your operations. As a UK sponsor licence holder, either under the Workers and Temporary Workers routes, you must ensure you have the necessary HR processes in place to […]
Wrongful dismissal: employer guidance
Legal issues surrounding the dismissal of an employee can quickly become costly and difficult to resolve. Wrongful dismissal claims present a specific set of challenges but are often confused with unfair dismissal. It’s important for employers to understand the distinction between these two types of dismissal, and what this means for avoiding and handling wrongful […]
HR1 form: redundancy notification
If your organisation has to make more than 20 people redundant, the Secretary of State must be notified of this intention. Failure to do so without justification may result in prosecution and/or a fine for the company or any of its officers. Advance notification of the redundancies is made using the HR1 Form. If you are […]