The Polish Government published on 11 January 2019 a first draft of the bill regulating terms of stay of UK nationals and their family members in Poland as a consequence of Brexit. Without this regulation UK nationals would automatically acquire a “third country national” status under the Polish immigration laws and their staying and working … Continue Reading
The UK government has now published its long-awaited Immigration White Paper, including proposals for new rules to be phased in from 2021. It has also indicated that a wider public test phase for the EU Settlement Scheme will be open from 21 January 2019. What does this mean for your business and what should you … Continue Reading
Just days before we head off for some festive respite from the Brexit chaos, the Immigration White Paper has finally been published (a full 164 page delight!). Here’s a brief summary of the key proposals, what employers should do next and how our Business Immigration team can help. As one of the fundamental challenges facing … Continue Reading
It is a common feature in many sectors for potential new recruits to undertake a work trial prior to being offered a permanent role. This type of trial, normally undertaken without pay, has obvious potential for the exploitation of the would-be employee. It certainly leads to a grey area when it comes to National Minimum … Continue Reading
Last week I was proud to speak at Business Forums International’s ‘Vetting and Screening’ Conference regarding the challenges faced by employers when completing right to work checks. I was delighted to share the platform with speakers from Reed Screening, The Forward Trust, Nick Mann Associates, Credence Background Screening, The Security Watchdog and NSL, who covered … Continue Reading
The so-called “big amendment” to the Czech Labour Code is currently under preparation in the Czech Republic. The amendment consists of many interesting proposed changes, one of which, in particular, stands out: the amendment of the Labour Code’s annual leave provision.… Continue Reading
We got a letter from the Home Office last month reminding us, no doubt in common with many others, of our obligations under the Modern Slavery Act 2015. Perhaps you did too. Apparently, it is going to publish a name-and-shame list of non-compliant organisations after an audit at the end of March 2019. The letter … Continue Reading
If I told you that calling a colleague with links to the Traveller community a “fat ginger pikey” might not be harassment, you would be forgiven for picking up the phone to the Solicitors’ Regulation Authority. That is, however, one of the points we can take away from the EAT’s decision in Evans v Xactly … Continue Reading
How will your business be affected by restrictions on hiring EEA nationals from 2021? The Government has said it will publish an immigration White Paper in the coming weeks. This should provide details of its intended post-Brexit immigration policy. We are hoping that businesses will be given a formal opportunity to comment on the proposed … Continue Reading
November 11 is Polish Independence Day. In what historians refer to as the partitions, Russia, Austria and Prussia gradually annexed parts of Poland, so that it ultimately disappeared from the map of Europe altogether for 123 years, only reappearing as an independent nation in the aftermath of WW1, in 1918. On this day each year … Continue Reading
Admittedly, an employee is more likely to bring a claim against their employer; after all, usually it is the one with the cash. But as last month’s case of Timis and another v Osipov shows, that need not always be the case.… Continue Reading
In part 1 of this blog series, we asked how employers facing a Data Subject Access Request (DSAR) should be dealing with ‘mixed data’ cases, i.e. when a third party’s personal data is intertwined with that of the requester? Mixed data comes in many forms; for example, an email from John to a colleague saying … Continue Reading
Last week our Retail Industry Group hosted a ‘Retail Brexit Trade Briefing.’ There was a very lively discussion delving into the opportunities and challenges that Brexit may have for the retail trade. The main concerns of delegates included: How to retain EEA nationals (many businesses reported having a high percentage EEA workforce) How to attract … Continue Reading
Some DSARs can be wonderfully straightforward: “Can I have a copy of my personnel file?” “Absolutely, here you go” “Can I have a copy of the notes from my appeal hearing?” “Of course, all yours. Any time” However, a large number of DSARs submitted by employees are far more taxing: “Can I have all personal … Continue Reading
Here is an interesting little question about how far an employer needs to formalise steps taken to accommodate an employee’s disability. Mr Brangwyn went to work for South Warwickshire NHS Foundation Trust in 2008 as Occupational Therapy Technician. This was not directly a medical role but did involve some time escorting patients around the building … Continue Reading
In the second of our five part blog series on Data Subject Access Requests (DSARs), we examine the notion of “complexity” and how that might affect the way you respond as an employer to a DSAR. What is “complex”? Under the General Data Protection Regulation (GDPR), data controllers must respond to DSARs “without undue delay … Continue Reading
Just when we thought we were getting to grips with some of the stickier issues around Data Subject Access Requests (DSARs), then along comes the EU General Data Protection Regulation (GDPR) and numerous new ambiguities over how its DSAR provisions might work in practice. We are waiting for the ICO’s guidance and update on its … Continue Reading
At some point in the next two months it is statistically inescapable that almost every employer in the UK will receive some worthy but deeply off-putting law firm flier about all the legal risks which can possibly be extracted from the office Christmas party. This is not it.… Continue Reading
The news today will be full of stories about mental health, aimed at raising awareness of this critical issue. Similarly, many companies will be running events to support employees’ mental health, encouraging them to feel comfortable disclosing their any issues and to seek support. This is all very laudable and forms an important part of … Continue Reading
Redundancy. The word is enough to take the bounce out of anyone’s stride. For a business, it means undergoing a complicated process of selection, consultation, getting over all the practical hurdles that may pop up along the way and all the while somewhere at the back of your mind sits the uncomfortable prospect of a … Continue Reading
Today we cross to the Emerald Isle for a recent lesson on bullying and negligence issued by the Irish Court of Appeal. Though not binding on the UK Courts, it is hard to see that any very different principles could apply here.… Continue Reading
Squire Patton Boggs presents a webinar to discuss current hot topics in French employment law and their impact on employers in France. The election of Emmanuel Macron as President in May 2017 led to an ambitious transformation of France’s labour laws. Following the extensive reforms launched in September 2017, the French government continues to implement … Continue Reading
If you try to mediate a workplace clash, then the hardest part is often to get the parties to focus on the future of that relationship, not the recent past leading to its breakdown. For so long as one or both find themselves unable to let go of that past, there will be obvious difficulties … Continue Reading
Clearly another quiet week over at Acas if its new guidance on employment references is anything to go by. It is, in all honesty, a bit on the basic side, even including an answer to that never-asked question – what is an employment reference?… Continue Reading
