Without case law or scientific consensus, the Equality and Human Rights Commission (EHRC) has published a statement this month to say that long Covid does not automatically qualify as a disability under the Equality Act 2010, unlike conditions like cancer, HIV and multiple sclerosis which are recognised in law as being deemed disabilities from point of diagnosis.
We’re often asked by employers what the ‘worst case scenario’ is for a claim which has been bought against their business or organisation and it’s useful to think of this in terms of what an Employment Tribunal could potentially award in compensation.
As we have reached the end of our financial year, we have been reflecting on what has been another busy 12 months. Here’s a summary of just a few of our achievements over the past year.
On 11 April 2022, the new Global Business Mobility (GBM) routes went live and aims to provide new solutions for overseas businesses seeking to establish a presence in, or moving staff to, the UK. There are five sub-categories with only one new category; the Secondment Worker route.
The Court of Appeal recently decided a ‘worker’ was entitled to receive a payment covering all of the periods during his engagement when he took holiday, but wasn’t paid for it. Understandably, this decision can be unsettling for many employers. However, we’d recommend that you take the following steps.
Emma Cousins, who has a keen interest in business immigration, has already reaped some rewards from our membership by recently attending some very insightful ILPA training sessions about engaging non-UK and Ireland migrants via sponsorship and other means.
In a post-Brexit world, many employers will now find that they need to engage workers who are subject to immigration control, for example, as sponsored workers under the points based system.
Today’s removal of Covid restrictions is likely to cause some dilemmas for employers. Employers will need to make decisions about the policies and procedures which are appropriate for their own workplaces. With further changes due to take effect from 1 April 2022.
On 17 February 2022, the Home Office closed the Tier 1 (Investor) route with immediate effect. The main impetus behind this decision follows Home Office concerns about security, specifically, whether those applying had obtained their wealth lawfully and legitimately and / or whether they had association with corruption, such that genuine investments weren’t being made in the UK.
We know that the pandemic resulted in an unprecedented increase in agile working practices, largely as a crisis response. Fast-forward 2 ½ years and flexible working is, once again, being talked about both as a retention tool, as well as an essential part of employers’ recruitment strategy in a candidate driven market.
We advise employers on all their HR legal issues – including apprenticeships. We can help you prepare compliant apprenticeship contracts and advise on what to do at the end of the relationship to avoid costly mistakes. We will be looking at the use of apprentices within your business at our FREE coffee morning on 7 July 2022. In the meantime, we hope that you find these apprenticeship FAQs useful. Please note that they apply to approved English apprenticeships under the Apprenticeships, Skills, Children & Learning Act 2009.
The temporary adjustment to manual right to work checks is ending on 5 April 2022. However, after that date, it will continue to be possible to carry out remote right to work checks, using new technology introduced by the Home Office, for individuals with valid British or Irish passports.
Torque Law have formed a corporate partnership with IDAS, who are the largest specialist charity in Yorkshire supporting anyone experiencing or affected by domestic abuse or sexual violence.
Ms Burn was a consultant paediatric neurosurgeon under disciplinary investigation at Alder Hey Children’s’ NHS Hospital. The subject of the appeal was Ms Burn’s argument that a contractual right to see “any correspondence relating to the case” meant that Alder Hey was obliged to disclose to her all documentation relating to the investigation, which was in the possession of the investigator, not just correspondence generated because of the investigation.
Reforms to the UK’s SSP rules came into force on 17 December 2021, to reduce the burden placed on GP practices to enable them to concentrate on the rollout of the COVID-19 booster programme.
Having grappled with furlough, hybrid working and Brexit, many employers may think that the time has come for an easier ride, but there are still plenty of employment law challenges to come in 2022.
When the rest of us were wondering what day it was, Manchester Employment Tribunal were busy in the period between Christmas and New Year promulgating an important judgment in an interesting case looking at whether an employee’s genuine concern about contracting Covid-19 in her workplace and passing this on to vulnerable family members was sufficient to qualify for protection as the basis for a complaint of discrimination.
During 2021, the Employment Tribunals have grappled with numerous cases about the way employers have responded to the pandemic. There are a couple of key lessons to be learned.
Plan B measures come in to place from today, 13 December, in an attempt to stem the transmission of the Omicron variant, when it comes to the people’s working lives, the clear direction given to employers is that employees should now work from home, where possible. If you’re yet to decide fully on your planned response, here’s some of the important considerations to bear in mind.
Every year, we advise hundreds of senior executives and other employees on how to secure the best deal on their exit arrangements. If you’ve been approached to have a protected conversation by your employer and are concerned about what this means and what to do next.
We’re often approached about supporting senior executives through settlement agreements when individuals feel that they’re in the eye of the storm. Often they’ve had very successful careers and being asked to have a conversation about exiting the business feels well outside their comfort zone. In that situation we don’t take the role of simply advising on the terms of the proposed agreement, we take time to build confidence and trust by talking about the situation they find themselves in and to understand what the ‘best’ outcome might be for them.
We are delighted to be recognised in the top tier of legal firms in the North and East Yorkshire region for employment law, and the only firm to have two ranked solicitors.
The pandemic resulted in an unprecedented increase in agile working practices, largely as a crisis response. Now is the time for employers to embrace flexible working and the positive business benefits from promoting flexible working initiatives.
Our meet the team series continues as we introduce Susan Burnett, our Practice Manager.
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