Anne Morris

EU free movement ended on 31 December 2020, meaning nationals of EEA countries looking to come to the UK to work must now apply for approval from the Home Office. In most cases, this will mean making an application for a points-based work visa, requiring the individual to attain the required number of points. EU citizens and their family members who were already in the UK by 31 December 2020 are not subject to the new rules, provided, they register under the EU settlement scheme by 30 June 2021 to secure their immigration status. UK work visas The UK’s new…

Employees may be entitled to Shared Parental Leave (SPL), as well as Shared Parental Pay (ShPP), if either they or their partner have had a baby or adopted a child. What is Shared Parental Leave? SPL enables eligible mothers, fathers, partners and adopters to choose how to share time off work after their child is born or placed for adoption. SPL, and ShPP, were designed to give parents more flexibility in how they share the care of their child in the first year following the birth or adoption. Where eligible for SPL and ShPP, parents can share up to 50…

There could be a number of reasons why you may be considering bringing an apprentice’s employment to an end. Before taking action, it helps to understand your rights and responsibilities, and those of the apprentice, to avoid potential disputes over the dismissal decision or process. The following guide provides important practical advice for employers looking at employment law issues and HR concerns when dismissing an apprentice. How to dismiss an apprentice The rules relating to dismissing an apprentice will depend on the type of apprenticeship in place and the nature of the apprenticeship agreement that you have with the individual.…

What is the frontier worker permit and how do you apply? Frontier workers are individuals who work in one country while their primary residence is in another. EU freedom of movement has enabled frontier workers to come and go between the UK and EU member states without being subject to immigration control. Under new rules coming into force in the UK in 2021, non-UK residents will require permission to come to the UK to work, live and study. This includes cross-border workers who are nationals of the EU, EEA or Switzerland and are not primarily resident in the UK. UK…

A working holiday visa allows people from overseas between the ages of 18 and 30 to come to the UK to work and travel for a period of two years. Following changes in UK immigration law on 1st January 2021, the T5 Youth Mobility Scheme visa, formerly called a Tier 5 visa, enables individuals who satisfy eligibility criteria to come and live and work in the UK. Who can apply for a Youth Mobility Scheme visa? You can apply for a Youth Mobility Scheme visa if you: Are between the ages of 18 and 30 Want to live and work…

What should you do if you are being treated unfairly at work? In most cases, employees will be expected to try to resolve issues informally with their employer first. But what does this mean, and what are your rights and legal options if you want to make a complaint about unfair treatment in the workplace? What is unfair treatment at work? There are a number of different types of unfair treatment that an employee may experience at work including bullying, discrimination, harassment and victimisation. Bullying There is no statutory definition of bullying, but essentially it refers to…

The Job Support Scheme (JJS) has been postponed until the Coronavirus Job Retention Scheme (CJRS) closes, at the earliest. The CJRS is due to close on 31 March 2021. Further guidance on the new scheme was issued on 22 October, which amended and enhanced a number of the initial features. In a pragmatic change, the scheme will now differentiate between: JJS Open: support for businesses that are operating but have less demand for their services and JSS Closed: those who have to close or are restricted because of coronavirus measures imposed under the Tier systems This article summarises the key…

On 24th September 2020, rules that were previously seen to be advisory regarding face coverings at work became enshrined in law. It is now compulsory to wear face coverings at work for certain roles and indoor places, such as shops or cinemas. The change was brought in by the government following scientific evidence that Covid-19 is spread by droplets from sneezes, coughs, whilst talking and even singing. It is thought that face coverings act as a preventative measure, protecting others as opposed to the wearer themselves. But with the heralding of new rules comes a range of potential problems for…

A Disclosure and Barring Service (DBS) check is a criminal record check that an employer can request as part of their recruitment process, in this way ensuring that they are only recruiting suitable people into their organisation and for the job role in question. This is especially important when the person will be working with children or vulnerable adults, although you can ask for a basic check of a candidate’s criminal record no matter what sector your business operates in or what specific role a person is applying for. Equally, it is important to consider how long the DBS check…

If you are relocating to new premises, or asking an employee to move to another office or branch, you will need to understand how you can legally request a move. This includes exactly how far you can expect an employee to travel to their new place of work. However, the employment law rules relating to reasonable travelling distance are by no means clearcut, where what counts as “reasonable” – and whether an employee can lawfully refuse to relocate to a new place of work – will depend on the specific facts and circumstances of each matter. The following guide for…

The Student Visa is the primary immigration route for non-UK residents looking to undertake a course of studies at either a British college or university. It has replaced the Tier 4 visa under the UK’s new immigration system. As with the previous Tier 4 visa, the new Student Visa route is for international students aged 16 or over who wish to study full-time, or part-time in some limited circumstances, in the UK, and are sponsored by an education provider that holds a valid student sponsor licence. The education provider is known as a sponsor. UK academies and local authority-funded schools,…

What should an employer do if a manager is being accused of bullying at work? What do we mean by bullying at work? Employees are protected by law from bullying. Yet bullying in the workplace is most commonly cited as coming from those in a position of seniority such as managers. There is no legal definition of bullying, but the Advisory, Conciliation and Arbitration Service (ACAS) refers to bullying as “offensive, intimidating, malicious or insulting behaviour, involving an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient”. Examples of bullying at work An…

Employers have a legal duty of care towards their employees. This requires them to do all they reasonably can to support the health, safety and wellbeing of their workforce in the workplace. This duty relates not only to physical aspects but also to the mental health and wellbeing of employees. Employees suffering from a qualifying disability are protected from discrimination at work under the Equality Act. In particular, section 20 of the Act gives the right for eligible employees to request reasonable adjustments be made by their employer to allow them to apply for or carry out their job without…

Employers should approach any redundancy process with caution. This demands giving full consideration to the legal implications of making employees redundant, while minimising the impact on morale and the performance of your workforce. Redundancies can, however, become further complicated in circumstances where the law affords the worker additional protections, such as if the employee is pregnant or on maternity leave. This guide will explain the key issues for employers dealing with redundancy during maternity leave, to help ensure fair and lawful handling of the process and to reduce the risk of tribunal claims. Deciding to make someone redundant while…

SET F is the application form used for a person under the age of 18 or a dependant over the age of 18 who was last granted leave to remain when they were still a child, who wishes to settle in the UK. If you are granted settlement, also known as indefinite leave to remain (ILR), then you will have no time restrictions on your stay in the UK, and no restrictions on your employment or study. You will also have access to healthcare and education, and are potentially eligible to apply for British citizenship. When is SET F used?…

It’s important to apply to extend your leave before it expires, to avoid overstaying and becoming unlawfully present in the UK. Form FLR IR is used to apply to extend your stay in the UK where you fall within certain visa categories. The following categories would use Form FLR IR in order to extend their stay in the UK: you need an extension of your visitor visa (unless you are a transit, Approved Destination Status or Permitted Paid Engagement visitor, in which case you should not use this form) you are applying under UK ancestry provisions you are a domestic…

Form FLR FP is the form you have to complete if you want to live with a family member in the UK for more than six months, or you wish to extend your stay in the UK on the basis of family life or private life. Usually you will be extending or switching your existing visa. FLR stands for ‘Further Leave to Remain’ and the ‘F’ and ‘P’ are categories under UK immigration law referring to Family and Private life. You will use this form if you are applying to remain in the UK as a partner or parent of…

In an age where people are living longer and healthier lives, and wanting to stay in work beyond a pensionable age, employers should be looking for ways to facilitate a fuller working life for their employees, which could include phased retirement. Phased retirement refers to ways in which an employer can provide older workers with greater choice about the way in which they manage the transition from full-time work to leaving work altogether. This could be by way of reduced hours or duties, or even a different job role. The following guide for employers provides advice and practical tips on…

Under the EU settled status scheme, EEA citizens currently in the UK are required to register with the Home Office to confirm their continued right to live, work and remain in the UK after 30 June 2021. UK settled status will allow you to live and work in the UK indefinitely. You will also be able to apply for British citizenship where you meet the requirements, and any children born in the UK while you are living here will automatically be classed as British citizens. In this guide, we look at what UK settled status means for the rights of…

Employers choose to hire apprentices because they can train these individuals in the specific skills needed by their organisation, resulting in a better qualified and motivated workforce. The Government is also trying to ensure that apprenticeships are an attractive option for employers by incentivising them financially to take on more apprentices. However, employers have to remember that apprentices are employees. Therefore, they have the same rights as other employees and you have the same obligations towards them. They are entitled to the apprentice’s hourly rate or the National Minimum Wage, depending on their age, along with paid holiday, rest breaks…