Gill Laing

Disposable vapes are to be banned in the UK, under new laws proposed by Prime Minister Rishi Sunak. It is already illegal to sell any vape to anyone under 18, but the government said disposable vapes – often sold in smaller, more colourful packaging than refillable ones – are a “key driver behind the alarming rise in youth vaping”. To tackle vapes being marketed at children, new powers will also be brought in to restrict vape flavours, introduce plain packaging and change how vapes are displayed in shops so they don’t appeal to children. Fines are also being introduced for…

The requirement for UK sponsors to renew their sponsor licence every four years is being abolished from April 2024, under new Home Office rules. In light of the changes, UK sponsor licences expiring on or after 6 April 2024 are now being automatically extended by 10 years. Licences that are automatically extended will not end unless the licence is revoked by the Home Office or the organisation surrenders their licence. The new rules aim to streamline the sponsor licence management process and save time and resources for employers. However, while the new renewal rules will allow employers to place greater…

If you are responsible for collecting and handling personal data you will need to understand how the General Data Protection Regulation (GDPR) applies to you, and how to remain compliant with the new law. The following GDPR checklist provides essential guidance on how to comply. GDPR Checklist The GDPR is based on the core principles of data protection that existed under the previous law, although it significantly increases the obligations for organisations and businesses in how they collect, use and protect personal data. At the heart of GDPR is the requirement for organisations and businesses to be fully…

What is a Designated Premises Supervisor? Under the provisions of the Licensing Act 2003, with the exception of certain community premises, every premises licence that authorises the sale of alcohol must specify a Designated Premises Supervisor (DPS). A Designated Premises Supervisor is usually the person who has been given day-to-day responsibility for the running of the business by the premises licence holder. As a personal licence holder the DPS is also responsible for authorising the sale of alcohol. Only one Designated Premises Supervisor may be specified in a single premises licence, although the same DPS may supervise two or…

Under the Anti-Social Behaviour, Crime and Policing Act 2014 the police or local authority have the power to close premises quickly, including licensed premises, which are being used, or are likely to be used, to commit nuisance or disorder. Moreover, if there is a risk of recurrence, the court has the power to grant an order closing down your licensed premises for a period of up to 6 months. The impact on a business can be devastating. As a licence holder, it is important to understand how and when this power can be exercised, as well as the penalties for…

A personal alcohol licence is required by anyone authorising the sale of alcohol from licensed premises. The following guide looks at who can apply for a personal alcohol licence, how long it lasts, how much it costs and how, in some cases, your licence can be suspended, revoked or surrendered. What is a personal alcohol licence? A personal alcohol licence is a licence granted by a licensing authority to an individual, and authorises that individual to supply alcohol, or authorise the supply of alcohol, in accordance with the premises licence. This includes selling alcohol by retail, such as…

BIIAB is the awarding body of the British Institute of Innkeeping (BII), the professional body for the licensed retail industry. It specialises in work-based learning, providing a range of commercial vocational qualifications, including the BIIAB Level 2 award for Personal Licence Holders. What is the BIIAB Level 2 award for Personal Licence Holders? The BIIAB Level 2 award for Personal Licence Holders is aimed at those wanting to work in licensed premises where alcohol is sold. As with all BIIAB regulated qualifications, this award has been developed based upon industry feedback as to the fundamental knowledge necessary to…

After passing through parliament, the Economic Crime and Corporate Transparency Act has now become law. The Act aims to enhance measures against economic crime and increase transparency of corporate entities. It follows the Economic Crime (Transparency and Enforcement) Act 2022, which enabled the government to impose sanctions more rapidly, established a register of overseas entities (ROE) to target foreign criminals laundering money through UK property, and reformed the UK’s unexplained wealth order (UWO) regime. 1. Provisions under the new Act As the most significant reform in UK company law in recent years, the new act introduces several key…

ACAS has launched a public consultation on its draft code of practice for responding to requests for a predictable work schedule. The draft statutory code outlines the procedures that employers must follow when responding to requests for more consistent working schedules or hours. These procedures include the practical considerations employers should take into account when handling such requests, how they must communicate their decision, and how to handle any appeals. The Workers (Predictable Terms and Conditions Act 2023) received Royal Assent in September 2023, and is expected to come into force in Autumn 2024. The new law give all workers on zero-hours…

Following publication of the Immigration (Health Charge) (Amendment) Order 2023, it has been confirmed that the UK’s Immigration Health Surcharge will increase no earlier than 16 January 2024. The Immigration (Health Charge) (Amendment) Order 2023 is the draft legislation that will implement the fee changes. According to the draft, the increases will take effect between 16 January 2024 and 21 days after both Houses of Parliament have approved the Order, whichever is the later date. The Order has now been laid before Parliament in draft form, awaiting approval by both Houses before it can be made an official UK statutory instrument. The surcharge increase will apply…

A licence to occupy can provide a property owner with a quick, easy and flexible way of letting out commercial premises, or even a room in their own home, avoiding the formalities and legalities of a commercial lease or residential tenancy. However, it is important to know how licences work, legally speaking, and when these should be used. In this guide, we look at what a licence to occupy is, comparing the benefits of a licence over a lease or tenancy, and setting out the potential risks involved. What is a licence to occupy? A licence to occupy…

Three care workers who refused to have the Covid-19 vaccine have been given permission to continue their claims for unfair dismissal. Ms Dimitrova, Ms Chadwick and Ms Hussain were employed by UK care home provider Barchester Healthcare, which implemented a ‘no jab, no job’ policy within the organisation in 2021. The policy was in effect prior to the government implementing law to achieve the same aim in care homes. The three workers refused the vaccine, citing religion, allergy fears, freedom of choice and testing doubts, and all were subsequently dismissed as a result. They brought claims for unfair dismissal, arguing…

The UK government will create a “smoke-free generation” by ending cigarette sales to those born on or after 1 January 2009. Prime Minister Rishi Sunak has revealed plans to introduce a new law to stop children who turn 14 this year or younger from ever legally being sold cigarettes in England. In a statement on the Government website, Mr Sunak says the new legislation will protect “future generations of young people from the harms of smoking” and save both “tens of thousands of lives” and the NHS billions of pounds. These changes amount to one of the most significant public…

The Migration Advisory Committee (MAC) has published its latest review of the UK’s Shortage Occupation List (SOL). The review was originally commissioned in August 2022 and covers information from the MAC’s own research as well as input from wider stakeholder engagement through its Call for Evidence. In the report, published on 3 October 2023, the MAC puts forward specific recommendations, including removal of the going rate discount and the addition of certain occupations to the SOL. The report also raises fundamental questions for the government about the future role of the Shortage Occupation List within the UK immigration system. The key findings and…

The UK’s data regulator, the Information Commissioner’s Office (ICO), has issued new guidance for employers on monitoring workers and how this interacts with data protection. The guidance, “Employment practices and data protection − Monitoring workers”, highlights the imperative for employers to balance their legal obligations and their workers’ rights when implementing workforce monitoring. The new guidance comes in response to the post-pandemic increase in remote, hybrid and home working arrangements, which has led to employers seeking to monitor staff productivity through tactics such as tracking calls, messages and keystrokes; taking screenshots, webcam footage or audio recordings; or using specialist monitoring…

A new law designed to give workers on flexible or casual contracts more predictable working patterns has received Royal Assent. The Workers (Predictable Terms and Conditions) Act 2023, which is expected to come into force in Summer 2024, will afford workers such as temporary workers and those on zero hour contracts a new statutory right to make requests for more predictable or regular working patterns. Requested changes could relate to hours of work, days of work or the period of engagement. The Government says its intention with the new law is to “redress the imbalance of power between some employers…

The Electronic Trade Documents Act (ETDA) takes effect today, 20 September 2023. Implementing detailed recommendations made by the Law Commission of England and Wales, the new law paves the way for the greater digitalisation of trade procedures by giving digital versions of key trade documents – including bills of lading – the same legal recognition as hard-copy versions. The aim is to facilitate the legal recognition of documents widely used in trade finance, in electronic form, so that they can be used in the same way as their paper counterparts. The changes are expected to update outdated legacy trade processes and…

Legal costs will be capped in lower damages clinical negligence claims from April 2024, the Department of Health has announced. The new system of fixed recoverable costs will limit the amount claimant solicitors can charge when advising on clinical negligence cases of £25,000 or less. In a statement announcing the new rules, Minister for Health, Maria Caulfield, said “By introducing fixed recoverable costs for clinical negligence claims, we’re ensuring a better balance between costs and compensation”. It is hoped the new measure will “support victims, speed up justice and protect taxpayers and NHS England cash”. According to the statement, claimants’…

The Home Office has announced increases in UK visa, settlement and nationality fees that will take effect from 4 October 2023. The increases cover a wide range of applications, across UK entry clearance, indefinite leave to enter, indefinite leave to remain and applications for leave to remain in the UK such as many work and study visas. The headline changes include: Health & care worker visa application fees are increasing, for example, where a CoS has been issued for more than three years, the application will cost £551. Certificates of Sponsorship fees are increasing, for example, a CoS under the…

If you can show you have been dismissed from work unfairly, you may be able to claim for unfair dismissal. Was your dismissal unfair? Employees have the right to be dismissed fairly. This means employers must show good reason for the dismissal and follow the correct legal process in dismissing someone. Dismissals can apply in many circumstances, such as where the employer terminates an employment contract by redundancy, or following a disciplinary or performance management process. Reasons for fair dismissal usually relate to: Misconduct Redundancy Statutory restriction on the employer, for example, if you no longer have the right to…