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In addition to those covered in our Alert last week for Health employers on the UK Shortage Occupation List changes and the new NHS surcharge, a number of key changes to the immigration rules came into effect on 6 April 2015.
We are hearing increasing reports of UK Visas and Immigration scrutiny and enforcement action against organisations who fail to comply with sponsorship licence requirements. Organisations face serious consequences, including the revocation of their licence, in cases where the UKVI finds breaches of reporting and recording requirements.
It is therefore important not to overlook what may appear to be merely administrative obligations that come hand in hand with signing up to and holding a sponsorship licence.
Also seemingly unrelated changes within your organisation such as group restructures, re-organisations or changes to personnel can give rise to a requirement to amend the information held on the SMS and in some cases can mean applying for a whole new licence.
As a licence holder you must report any significant changes in the organisation to UKVI within 10 working days, for example if your organisation (or potentially part of it):
You must also tell UKVI if you are:
Your licence can also be revoked if the UKVI establish that log in details or passwords for the Sponsorship Management System have been shared.
UKVI licence revocations are effective across all tiers, categories and subcategories you may hold. All sponsored employees have to be dismissed with immediate effect with inevitable exposure to the risk of employment tribunal claims. In most cases you would then be unable to reapply for a licence for 6 months. Even if you are able to make a successful application under the name of a new company within the group, this could also be made subject to restrictions which curtail your ability to sponsor migrants.
The accurate management of a sponsorship licence remains a complex process. Despite having systems in place, sponsors can find themselves in breach of what they consider to be administrative requirements but which are actually reporting and recording duties under the sponsorship licence. This then puts at risk their ability to sponsor existing employees and new recruits.
At DAC Beachcroft LLP our specialist immigration unit can support you in ensuring that your licence is compliant through carrying out audits, training, and health checks. Please contact us for more details.
You may also be interested in our upcoming event Spring Cleaning Your Right to Work Procedures, further information and how to register can be found here.
Gordon Ramsay has lost his claim that he was not bound by a personal guarantee for the £640,000 annual rent for his North London restaurant and small hotel, the York & Albany.
Happy New Year to all our readers. We hope you enjoyed the festive break. 2015 is likely to be a busy year for HR professionals and employment lawyers: shared parental leave and pay becomes available on 5 April and a range of employment issues will be debated in the run up to the general election.
The run up to Christmas is the key trading period for most retailers in the UK. Landlords have over the years adopted a number of techniques to maximise footfall during this busy season.
In May there were a lot of interesting developments in employment law. We've already alerted you to one of these: the British Gas case concerning commission and holiday pay. There are lots of discrimination cases covered in this alert, as well as a helpful case where the EAT found the dismissal of an employee, who tested positive for cannabis, was fair and it was not necessary for her employer to carry out any further investigation.
In-scope authorities must comply with new minimum standards for products and services which are purchased, or buildings which are purchased or rented, on or after 5 June 2014. A new Procurement Policy Note (Action Note 07/14) requires compliance with set energy efficiency standards when purchasing products and services, and purchasing or renting buildings to ensure government compliance with the Energy Efficiency Directive 2012/27/EU. The PPN issued 3 June comes only just in time to meet the implementation date required by the Directive of 5 June 2014.
The PPN notes that the Directive requires the government to encourage other public bodies to follow the Central Government example but goes no further in terms of requiring steps to be taken.
For an aggrieved unsuccessful bidder, bringing a procurement challenge requires fast action in circumstances where the bidder may not be able to point to each and every breach of the Public Contracts Regulations 2006, and is often acting with little more than a feeling that something was not quite right with the process.
Welcome to the May edition of the International Employment Law newsletter.
For this edition, we adopt a different format from previous issues. Over recent months, we have worked with our global partner law firms on numerous multi-jurisdictional projects, and many of those firms have contributed articles to our recent newsletters. Drawing on our experience in this field and the input from our partner firms, we bring together some of the key issues for employers to consider when contemplating changing terms and conditions of employees in the EMEA region. This is a hot topic for many international employers, particularly where post-transactional harmonisation is required. We hope our guide to some of the issues, and our top practical tips, will provide ample food for thought.
On the immigration side, Jacob Sand of our partner firm Gorrissen Federspiel provides a helpful and concise guide to business immigration requirements in Denmark.
This month we've had a couple of helpful judgments concerning whistleblowing. Both look at the topic of whether an employee had been subjected to a detriment because they had blown the whistle. Both of the cases highlight that employment tribunals can and should make distinctions between alleged protected disclosures themselves and the steps taken by the employer to deal with the disclosures and/or to manage the employee who has made them.
Voluntary ex-ante transparency (VEAT) notices can offer a big reduction in the timing of risk exposure in procurements, however a recent Advocate General's opinion on their use of to avoid the remedy of ineffectiveness has clarified the circumstances in which they will and will not have their intended effect.
Case law keeps coming thick and fast and this month has been no exception. One of the many interesting cases in this alert concerns covert recordings made by an employee of the private deliberations at her grievance and disciplinary hearings. The EAT decided that the evidence was admissible.
A number of legislative changes were made to employment law on 6 April 2014. One of these, ACAS early conciliation (EC), may turn out be nothing more than an administrative hurdle for prospective claimants, but where ACAS do get involved in negotiations a late change to the legislation means that prospective claimants will have to fill in a separate EC form in respect of each potential respondent. This means that if individuals are named as potential respondents in, for example, potential discrimination claims these individual employees will be called by ACAS about whether the claim can be settled. This late change makes it all the more important that all organisations put in place a structure for dealing with early conciliation and let their employees know what to do if they are called by ACAS. All the April changes are outlined below.
Welcome to DAC Beachcroft's Budget 2014 Alert.
Our analysis as to how today's budget affects the business community is below. We think the three changes which will make the most amount of splash are the helpful relaxation and extension of the ISA rules, the temporary doubling of the annual investment allowance and what according to George Osborne is "the most far-reaching reform to the taxation of pensions since the regime was introduced in 1921".
In December last year, the government issued a consultation on zero hours employment contracts. The consultation followed months of political debate concerning the extent of their use and possible abuse by employers.
Welcome to our Inaugural Newsletter! We are pleased to introduce our inaugural TMT Info Law Adviser Newsletter. This is a monthly review of information law updates and industry related news specific to the Telecoms, Media and Technology sector which we hope will be a valuable resource for your organisation.
Last week an early day motion sponsored by Ed Miliband was tabled in Parliament, calling for the annulment of the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014. The early day motion was tabled in Parliament the day before the Labour party's special conference to discuss its membership and its relationship with the unions.
The motion has been signed by 17 Members of Parliament. Very few early day motions are actually debated however - they tend to be a way of drawing attention to an event or cause. Additionally, since the Labour Party does not hold a majority in the House of Commons, the motion is unlikely to pass.
This month we have wide ranging cases to report on from illegal working to post TUPE harmonisation. One particularly interesting case concerns whether an employer could rely on its wording in a contract to dismiss summarily for theft, which was gross misconduct for unfair dismissal purposes. The EAT found they could not and the employee was wrongfully dismissed because the "theft" had not been deliberate. On the subject of contractual wording we've also had a case from the EAT where, because a contract was not sufficiently clear on what happened to accrued flexi-time on termination of employment, an employee ended up not being paid for over 1000 hours of work. We also set out some of the legislative changes happening on 6 April in order that you can plan ahead.
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