Anne Morris

A self-sponsorship visa in the UK typically refers to the route where entrepreneurs or business professionals move to the UK by sponsoring themselves for a visa, such as a Skilled Worker visa, through their own UK-based company. This approach has gained attention due to the restrictions and closures of other entrepreneurial visa routes to the UK in recent years and as an alternative to the Innovator Founder visa, with its endorsement requirements. The benefit of a self-sponsorship visa includes the ability to establish and grow a business in the UK, contributing to the UK’s economy while securing a pathway to…

The redundancy process is fraught with legal risk. To avoid potential unfair dismissal claims, employers are required to follow a lawful process at each stage, including the redundancy selection procedure. Redundancy selection procedure Provided there is a genuine redundancy situation, the first stage will be to consult with affected employees. This will involve ascertaining if there are alternatives to redundancy, including suitable alternative roles. Where redundancies are unavoidable, you will need to identify who is to be dismissed. If there are several people at risk, you will need to follow a fair selection process to determine who will be made…

In very simple terms, you may dismiss an employee who is off sick, provided you follow the correct dismissal procedure. This means having fair grounds for dismissal, acting reasonably in all the circumstances and following a fair process. The following guide for employers on dismissal due to sickness absence looks at what amounts to potential grounds for dismissal in this context, from conduct to capability issues, and the legal risks of getting this wrong. We also provide some best practice tips for employers on how to effectively deal with sickness absence in the workplace. Can I dismiss an employee who…

If you have lived in the UK with lawful status for more than 10 years, you may be eligible to apply to settle here, which is known as Indefinite Leave to Remain (ILR). In this long residence guidance, we explain the rules on ILR eligibility under the 10-year route, and the application process you will need to follow. We also consider some of the common pitfalls in applying for settlement on the basis of long residence and how these can be overcome. Long residence eligibility You may be eligible to apply to settle in the UK if you have lived…

With the Tier 1 Investor visa now closed, what are the alternative UK immigration routes? In its statement announcing the closure of the Tier 1 investor visa, the Home Office made no reference to opening a replacement or new route for investors. This is perhaps unsurprising, given the Tier 1 investor visa had been subject to government scrutiny for many years due to concerns about the source of applicants’ investment funds. Indeed, the visa route had previously been temporarily suspended and the criteria tightened. But the Government has now taken the decision to close the route altogether. What does this…

If the organisation you are employed by changes hands, there are rules in place that protect you from any unfair disadvantage when your employment moves across to your new employer. These are called the Transfer of Undertakings (Protection of Employment) Regulations 2006, or ‘TUPE regulations’. For employees affected by a TUPE transfer, and potential changes to employment terms, it will be important to understand your rights early in the transfer process. Under the regulations, your contract of employment, with all its rights and obligations, should be preserved when transferred to the new, incoming employer. But while employers are generally not…

Dismissing employees is part and parcel of running and managing a business. It can also expose employers to considerable legal risk. Not only does the reason for dismissal have to be lawful – such as conduct, performance or due to redundancies – the employee continues to have certain rights and protections throughout the dismissal process which the employer has to comply with, or risk complaints and tribunal action. Even if you have a valid reason for bringing an individual’s contract of employment to an end, you must follow a fair and lawful dismissal procedure. This includes providing an employee with…

Under the UK’s immigration rules, non-UK nationals have to have permission to work in the UK, which includes doing an internship, short-term work experience and training. The following guide explains the type of temporary work visa you would need to do an internship in the UK, including the eligibility requirements, the application process, the costs, how long it will take to get this visa, and how long a successful intern visa-holder can stay in the UK. What visa do I need to do an internship in the UK? Under the UK’s new points-based immigration system there are a number of…

Care sector employers are now under a legal obligation to ensure all care home workers in England are fully vaccinated by the cut-off date in 16 weeks. From 11 November 2021, Care Quality Commission-regulated service providers of nursing and personal care services in England must not allow entry into care homes for anyone who has not been fully vaccinated, unless they fall within one of the limited exemptions. The most onerous impact of the new regulations on care providers is ensuring all care home staff have both vaccine doses to be able to work under the new legislation. The new…

As employers adapt to the post-pandemic normal, traditional working arrangements are being set aside in favour of greater flexibility in working hours and locations. Hybrid working in particular is becoming increasingly common in UK workplaces. Introducing hybrid working within an organisation, as with any change or variation in working terms or conditions, brings legal considerations which must be assessed and addressed. Below we discuss the employment law implications of implementing hybrid working, including what hybrid working arrangements could look like, how to deal with hybrid working requests and the importance of having a dedicated hybrid working policy. What is hybrid…

Employees are protected by law from being bullied at work. But it’s not always easy to know what your rights are and how to enforce them. If you are feeling emotionally distressed or professionally vulnerable because of the unwanted discriminatory behaviour of others, you may even get to the point where you feel you have no choice but to resign. Before you take action, it is best to seek advice on your situation and to try to understand the law relating to workplace bullying, and what legal rights you have if you’re being treated unfairly at work. What is workplace…

If your business is experiencing reduced demand, you might need to temporarily ask staff to stay at home. Although temporary layoffs are typically only used by employers as a last resort, they offer a temporary reprieve and more preferable alternative to making workers redundant. There are, however, risks associated with laying off staff. There is also typically a legal obligation to pay employees a minimum amount of money for any day that they don’t work. The following guide for employers looks specifically at the rules relating to statutory guaranteed pay, including how this is calculated and the potential pitfalls when…

As an employer, you will want to encourage a healthy work/life balance for your workforce while also meeting your legal obligations and ensuring time off work for employees does not significantly interfere with the running of your business. The following guide for employers looks at the rules relating to parental leave in the workplace. What are your obligations if you receive a request for parental leave? Can you postpone or even refuse parental leave? What is parental leave? Parental leave is designed to provide working parents with more time to spend with their children. This could include visiting new schools,…

The Tier 5 (Temporary Worker) visa is a temporary visa for workers in specific sectors. The jobs covered by a Tier 5 visa are: creative and sporting workers, religious workers, charity workers, seasonal workers, workers under international agreements and government authorised exchange workers. You are only eligible for a Tier 5 visa if you have a Certificate of Sponsorship (CoS) from an ‘A’-rated employer licensed by the UK Home Office to sponsor workers on Tier 5 visas. A Tier 5 visa can be granted for between six and twenty-four months, depending on the type of Tier 5 visa given. It…

Non-solicitation clauses are used to prevent employees from taking clients, customers or members of staff with them when they leave an organisation and engaging in direct competition with their old employer. These clauses are a type of restrictive covenant and can appear in an employment contract or a settlement agreement. A non-compete clause, which seeks to prevent a former employee from working for a competitor company, is another type of restrictive covenant. What does a non-solicitation clause do? Broadly speaking, a non-solicitation clause within an employment contract will seek to protect the employer by: preventing the outgoing employee from ‘soliciting’…

When appointing a company director, the directors’ service agreement should be used to ensure the individual complies with their duties and that your business’s interests are protected. What is a directors’ service agreement? Directors have specific statutory duties and responsibilities in relation to the organisation, which should be addressed within a directors’ service agreement. In many cases, company directors are also employees of the companies where they work, and as such, are entitled to a written contract of employment. Aside from containing standard terms found in a general contract of employment, a directors’ service agreement contains further detailed and extensive provisions…

The Equality Act 2010 protects individuals from discrimination throughout the employment lifecycle, from recruitment through to contract termination. This means that even before an employment relationship is created, job applicants are protected by law from unfair treatment during the recruitment and selection process. If an employer breaches the provisions under the Equality Act, they risk a claim for unlawful discrimination. Discrimination during the recruitment process Unlawful discrimination refers to unfair treatment of an individual because of a particular protected characteristic. The main types of discrimination are: Direct discrimination – treating someone worse because of a specific trait they have. For example,…

The short term study visa is an immigration route specifically designed for students aged 16 or over wanting to undertake an English language course in the UK of between 6 to 11 months at an accredited institution. The rules relating to short term study visas are set out under Appendix Short-term Student (English language) of the Immigration Rules. This is an unsponsored route, where sponsored study for persons aged 16 and over is covered under Appendix Student of the Rules. This means that if you are coming to the UK to study on an English language course that lasts longer…

Dismissing a director of a limited company can raise complex and sensitive legal issues. Many directors are also employees or shareholders, so before terminating a contract and dismissing them from office you will need to understand the legal implications of dismissal to avoid the potential for a dispute and exacerbating a contentious exit. Check the documentation There are certain documents that need to be inspected to ensure you act within the law and within the terms of any contract of employment. Service agreement, employment contract or letter of appointment Check the director’s service agreement, employment contract or letter of appointment…

Dealing with issues of gross misconduct can raise a number of legal risks for employers. Employees are protected by law from unfair dismissal, which means any decision to terminate a contract of employment due to conduct must be the result of a fair and lawful disciplinary procedure. In this guide, we look at examples of gross misconduct and provide a non-exhaustive sackable offences list to help employers understand how to deal with serious disciplinary issues lawfully to avoid the potential for a tribunal claim. What is summary dismissal? Summary dismissal is when an individual’s employment is terminated without any notice period or pay…