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Lewis Silkin LLP is a top 100 UK commercial law firm with offices in London, Oxford, Cardiff, Dublin and Hong Kong. Our two market-leading business…
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Lewis Silkin | United Kingdom | 22 Sep 2021

Further changes to right to work checks and how to avoid pitfalls

The right to work guidance for employers was recently updated to confirm that individuals with late EU Settlement Scheme applications made on or after 1 July 2021 can start a new job while their application is pending. This article looks at this development and highlights certain aspects of the current guidance that may cause confusion for employers when conducting right to work checks.
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Lewis Silkin | United Kingdom | 15 Sep 2021

Employment tribunal rulings on covid-19 issues – what can we learn?

The covid-19 pandemic required many employers to make difficult decisions in unprecedented and rapidly evolving circumstances, giving rise to concerns this would lead to a deluge of employment tribunal claims. Employment tribunal decisions are starting to be published on key issues such as employees refusing to work, compliance with health and safety rules and the calculation of payments......
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Lewis Silkin | United Kingdom | 1 Sep 2021

Using PEOs as convenient staffing solutions

Growing numbers of companies are turning to the Professional Employer Organisation model, which involves engaging the services of a third-party organisation with responsibility for employing and paying staff and dealing with tax, social security and other such matters. This article looks at different types of reasons for using this model, the legal considerations and the potential pitfalls.
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Lewis Silkin | United Kingdom | 1 Sep 2021

Home Office releases points-based immigration system sponsorship roadmap

The Home Office recently released a sponsorship roadmap document that details process and technology improvements for sponsors from the fourth quarter of 2021 to the first quarter of 2024. The document focuses on the sponsorship system for workers. Details on reforms to student sponsorship are expected to be made available in a separate document at a later date.
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Lewis Silkin | United Kingdom | 25 Aug 2021

Off the record discussions: rules on protected and without prejudice conversations with employees

Employers may want to have off the record conversations with employees, especially in relation to a potential ending of employment. This article acts as a guide for employers to keep these types of conversations confidential by having a "without prejudice" discussion or a "pre-termination negotiation".
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Lewis Silkin | United Kingdom | 18 Aug 2021

Employer loses discrimination claim after trying to reduce gender pay gap

An employment tribunal decision involving the advertising agency Wunderman Thompson has highlighted the dangers of taking an overly aggressive approach to reducing gender pay gaps. It also provides a reminder that all discrimination is unlawful, even where the victims are from a historically privileged group.
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Lewis Silkin | United Kingdom | 11 Aug 2021

Policy clarifications and outstanding issues for right to work checks

The current Home Office guidance for employers on carrying out right to work checks contains some important clarifications of the Home Office's policy. These will not affect the vast majority of checks. They will, however, be relevant in certain circumstances, especially for checks relating to European Economic Area (EEA) nationals and family members of EEA nationals from 1 July 2021....
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Lewis Silkin | United Kingdom | 11 Aug 2021

New duties to prevent sexual harassment on the way

The government has committed to introducing a new proactive duty on employers to prevent sexual harassment, alongside considering new laws that would make employers liable if third parties harass their employees. There would also be the potential for extending the time limit in which to bring discrimination claims. The government says that the laws will be brought in "when parliamentary time......
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Lewis Silkin | United Kingdom | 4 Aug 2021

Key immigration action points for HR in second half of 2021

Free movement has been replaced in the United Kingdom by the domestic immigration system, including the new points-based immigration system. Employers need to ensure that they understand how this affects their business, how their recruitment plans and budgets are affected as well as whether their staff have the correct status to allow them to continue working both in the United Kingdom and......
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Lewis Silkin | United Kingdom | 4 Aug 2021

Right to disconnect – should employers act now?

A legal "right to disconnect" seeks to give employees the entitlement to disengage from work-related communications and activities outside of their normal working hours. The covid-19 pandemic has given this issue new prominence. Although the introduction of a legal right to disconnect in the United Kingdom seems unlikely at present, there could potentially be a softer intervention as momentum......
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