Self Sponsorship Visa UK (An Ultimate Guide!)
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 […]
Redundancy Matrix & Selection Criteria
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 […]
Can I Dismiss An Employee Who Is Off Sick?
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 […]
Long Residence Guidance (Settle in the UK)
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 […]
Tier 1 Investor Visa Closure: Alternative Options
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 […]
TUPE for Employees Guide
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 […]
Statutory Notice Periods: Employers’ Guide
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 […]
Do Interns Need a Visa to Work in the UK?
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, […]
Care Workers’ Vaccine Rules
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 […]
How to Introduce Hybrid Working
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 […]
Bullied At Work? Advice For Employees
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 […]
Statutory Guarantee Pay For Lay-Offs
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 […]
Can You Delay or Refuse Parental Leave?
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 […]
Tier 5 Visa For Temporary Workers
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 […]
Employment Non-Solicitation Clauses FAQs
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 […]
Directors Service Agreements Explained
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 […]
Discrimination in Recruitment & Selection
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 […]
Short Term Study Visa (Learn English in the UK)
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 […]
Dismissing a Director of a Limited Company
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 […]
Sackable Offences List (Avoid Unfair Dismissal)
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 […]