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2024 promises to be a pivotal year for family law in the UK, with several significant legislative amendments and consultations set to conclude. These changes are poised to impact various aspects of family law, influencing the lives of many individuals dealing with family-related legal issues. As we embark on the new year, let’s explore the key changes on the horizon and what they might mean for family law in 2024.

Financial Remedies Court Reporting Pilot

The drive for greater transparency in the Family Court continues in 2024 with the introduction of the Financial Remedies Court (FRC) reporting pilot. This initiative, starting on January 29th, will allow accredited journalists and bloggers to report on financial remedies proceedings. These proceedings cover financial issues arising from divorce, civil partnership dissolution, and financial support for children.

The pilot will be conducted in three trial courts: the Central Family Court, Birmingham, and Leeds. While this move aims to increase understanding and scrutiny of the family law system, it is important to note that certain hearings, such as Financial Dispute Resolution, will remain confidential to protect the privacy of those involved.

Proposed Amendment to Victims and Prisoners Bill Affecting Parental Responsibility

In January 2024, the Ministry of Justice will advance the proposed amendment to the Victims and Prisoners Bill. This amendment, announced in 2022, seeks to automatically remove parental responsibility from parents convicted of the murder or voluntary manslaughter of their co-parent.

The push for this legislation arose following the tragic case of Jade Ward, who was murdered by her partner in 2021. Her family has since campaigned for changes in the law to ensure that convicted offenders cannot seek information about their children or make key decisions in their lives. The Ministry of Justice has confirmed that there will be exemptions for cases involving domestic abuse.

Possible Outline of Future Financial Remedies Reform

The Law Commission of England and Wales launched a comprehensive review of financial remedy orders in 2023. This review aims to assess the effectiveness of current laws governing the division of finances post-divorce or civil partnership dissolution, as outlined in the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004.

Key areas under review include the discretionary powers of judges, the extension of powers for orders involving children over 18, pension-related orders, and the structure of post-divorce financial payments. The findings, expected in a scoping report in September 2024, could pave the way for significant reforms in financial remedies legislation.

Family Court Fees to Rise

The UK Government has completed a consultation aimed at increasing court fees by up to 10% in 2024. This move is intended to generate additional revenue to ensure the courts remain adequately resourced and accessible to all who seek justice.

In 2022/23, court fees generated £727 million of the total £2.3 billion cost to run His Majesty’s Courts and Tribunals Service (HMCTS), with the rest funded by taxpayers. The proposed fee increase is expected to generate up to £42 million annually, helping to keep pace with rising costs, improve service delivery, subsidize free services, and reduce the overall burden on taxpayers.

Some key family court fee increases include:

• Application for a parental order: from £232 to £255
• Application/permission to apply for adoption: from £183 to £201
• Application for a financial order (other than consent order): from £275 to £303

Resolving Family Matters Out of Court

In 2024, there will be continued emphasis on resolving family disputes outside the court system. Following last year’s consultation on ‘Supporting earlier resolution of private family law arrangements,’ we may see the introduction of mandatory mediation for suitable low-level family court cases. This measure aims to divert disputes away from overburdened courts and protect children from the effects of prolonged and contentious legal battles.

By encouraging parties to seek resolution through mediation, the government hopes to foster a more amicable environment for resolving family disputes and reduce the emotional and financial strain on those involved.

As these developments unfold, 2024 stands to be a transformative year for family law in the UK. Each legislative change and new initiative will shape the landscape of family law, offering new avenues for justice and support for those navigating family legal matters. Stay tuned as we continue to monitor and report on these significant changes throughout the year.

The UK’s new government has made a significant promise to “promote a positive work-life balance for all workers” and prevent homes from becoming 24/7 offices. The increasing risk of “always on” working has grown since the pandemic, with technology making it easy for work to encroach into personal time. The introduction of a right to disconnect is aimed at addressing these concerns and improving overall well-being.

The Problem of Being “Always On”

With the advent of remote working, the boundaries between work and personal life have blurred. A review of data from 183 countries has shown that long working hours significantly increase the risk of heart disease and stroke. Moreover, the mental health implications of extended working hours are becoming increasingly evident. Sick workforces can lead to decreased productivity, making it crucial to address this issue.

Traditionally, working days involved traveling to a workplace for a set number of hours, after which employees could disconnect and recharge. However, with the rise of remote work, people are finding it harder to escape work-related tasks. The phenomenon known as “presence bleed” highlights the expectation that workers should always be contactable.

The Shift to Remote and Hybrid Work

During the pandemic, the percentage of the UK workforce working mainly from home jumped from 6% to 43%. Although this figure has decreased to around 14%, about a quarter of workers now engage in hybrid working. These workers often enjoy more autonomy and report higher productivity at home due to fewer distractions. Additionally, remote work has facilitated greater inclusivity for individuals with caregiving responsibilities or health restrictions.

However, these benefits come at a cost. Remote workers often find themselves working longer hours and are more likely to engage in work-related activities outside of traditional working hours. This constant connectivity can interfere with personal life, especially when workspaces overlap with living areas. Younger workers and those early in their careers may find it particularly challenging to set boundaries, leading to potential exploitation.

The Right to Disconnect

To combat the negative effects of being “always on,” several European countries have adopted legislation granting workers the right to disconnect. This includes measures such as prohibiting work-related communications after certain hours or during holidays, except in emergencies, and avoiding scheduling meetings outside core hours.

Belgium, Ireland, and Italy implemented right-to-disconnect laws before the pandemic, while countries like Spain, Portugal, and Australia have followed suit. However, the approaches vary, and some models have gaps and weaknesses. For instance, Belgium’s law requires adherence to a general framework, giving companies flexibility in implementation. In the UK, business leaders have expressed concerns about the potential impact of such legislation, fearing it could lead to legal disputes.

Challenges and Considerations

Legislation around the right to disconnect often includes exceptions for certain sectors, such as aviation and medicine, and may exclude smaller employers. In the UK, small- and medium-sized enterprises (SMEs) make up more than 61% of employment, so it is crucial to design protections inclusively to cover a large portion of the workforce.

Moreover, if sanctions for non-compliance are weak, the legislation could be ineffective. While some employers have embraced flexible working practices, reluctant organizations may need legislative push to protect employees adequately. The policy language should also encompass a broader range of workers, including those in the gig economy, who face longer working hours and unpaid overtime.

Moving Forward

To ensure the right to disconnect is effective and meaningful, the government needs to carefully consider these issues as it translates its pre-election promises into action. Addressing the nuances and potential loopholes will be essential in promoting a healthy work-life balance and protecting workers from the pressures of constant connectivity.

As the new government focuses on these reforms, it is vital for employers and employees to stay informed and engaged in the process. By working together, they can create a more sustainable and balanced work environment for everyone.

In the recent “Speech from the Throne” delivered at the State Opening of Parliament, the King unveiled the government’s latest legislative priorities, focusing heavily on border security and the asylum and immigration system. The new Border Security, Asylum, and Immigration Bill is set to introduce significant changes aimed at enhancing the security of the UK’s borders, modernizing the asylum process, and tackling organized immigration crime.

Key Features of the Border Security, Asylum, and Immigration Bill

The King’s Speech outlined a comprehensive approach to addressing the challenges facing the UK’s border security and asylum system. The accompanying briefing notes provide further details on the Bill’s objectives and provisions:

Establishing the Border Security Command

A major element of the Bill is the creation of a new Border Security Command. This entity will be equipped with enhanced counter-terrorism powers, aiming to tackle the ongoing crisis of small boats crossing the Channel. The Border Security Command will focus on:

• Criminal People Smugglers: Bringing to justice those responsible for smuggling migrants and exacerbating the small boats crisis.
• Organized Immigration Crime: Addressing criminal gangs that exploit migrants and contribute to organized crime in the immigration sector.
• Asylum Backlog: Clearing the backlog of asylum applications, ending the use of hotel accommodation, and increasing the efficiency of returns for individuals from safe countries.

Modernizing the Asylum System

The Bill promises a major overhaul of the asylum system, which is currently criticized for inefficiencies and high costs. Key reforms include:

• Enhanced Powers for Law Enforcement: Granting the Border Security Command and other law enforcement agencies the necessary tools to combat organized immigration crime. This includes leveraging counter-terrorism powers for investigations and enforcement actions.
• Stronger Penalties: Introducing tougher penalties for those involved in organized immigration crime, including preparatory and precursor offenses related to migrant smuggling.
• Ending Hotel Use: Implementing measures to eliminate the need for hotel accommodation by efficiently processing asylum claims and addressing the asylum backlog.
• Migration and Economic Development Partnership: Redirecting funds from the failed partnership with Rwanda, which has not achieved its intended goals, into the Border Security Command to improve border security.

Expected Impact and Implementation

The Border Security, Asylum, and Immigration Bill will extend across the UK and is expected to bring about several key changes:

• Cost Savings: Withdrawing from the Migration and Economic Development Partnership with Rwanda will save over £100 million in future payments, in addition to tens of millions of pounds saved from relocation costs.
• Addressing Backlog: The Bill aims to resolve the backlog of asylum claims that has led to increased costs for asylum support, including the costly use of hotels.
• Improving Efficiency: By streamlining the asylum process and ensuring faster returns for those from safe countries, the Bill seeks to make the system more effective and reduce financial burdens.

Timeline and Next Steps

The new parliamentary session, running until July 2025, will see the Border Security, Asylum, and Immigration Bill introduced and debated in Parliament. While the exact timeline for implementation is uncertain, the focus will be on rapidly addressing the current inefficiencies and security challenges.

Preparing for the Changes

For businesses and organizations involved in immigration and border security, it is crucial to stay informed about the forthcoming legislative changes. Key areas to monitor include:

• Compliance: Ensure that policies and procedures are aligned with the new legal requirements once the Bill is enacted.
• Training: Prepare staff for potential changes in procedures and enforcement practices.
• Resource Allocation: Adjust resources and budgets to accommodate the anticipated changes in immigration and asylum management.

Conclusion

The King’s Speech has set the stage for significant reforms in border security and the asylum system. The Border Security, Asylum, and Immigration Bill represents a major effort to address current challenges and modernize the UK’s approach to immigration. As the legislative process unfolds, staying abreast of developments and preparing for the changes will be essential for effective adaptation.

For further updates and guidance on how these changes might impact you or your organization, feel free to reach out to us. We are here to help navigate these new legislative developments and ensure a smooth transition.

The King has recently delivered his “Speech from the Throne” at the State Opening of Parliament, outlining the new government’s key aims for the year ahead, including proposed legislation. As part of this agenda, the Labour government is prioritizing employment law reform, as evidenced by the mention of two new employment Bills.

While the King’s Speech itself did not delve into the specifics of Labour’s proposals, the government’s accompanying background briefing notes (Briefing Notes) provide further insights. In this article, we will explore: (i) the key reforms highlighted in the King’s Speech and the Briefing Notes, (ii) the expected timeline for these reforms, and (iii) steps employers can take to prepare for these changes.

Key Employment Law Reforms

Employment Rights Bill

The Briefing Notes indicate that the Employment Rights Bill will apply to Great Britain and will be introduced within the first 100 days of the new government. It is described as representing “the biggest upgrade to workers’ rights in a generation” and aims to deliver on Labour’s “Plan to Make Work Pay.” Key points from the Plan, which may be included in the Bill, are:

• Banning Exploitative Zero Hours Contracts: Ensuring workers have contracts reflecting their regular working hours and reasonable notice for shift changes, with compensation for cancelled shifts.
• Ending ‘Fire and Re-hire’ Practices: Reforming the law to provide effective remedies and replacing the existing statutory code of conduct.
• Day-One Rights for Workers: Making parental leave, sick pay, and protection from unfair dismissal available from day one, while maintaining probationary periods.
• Strengthening Statutory Sick Pay: Removing the lower earnings limit and the waiting period.
• Flexible Working from Day One: Making flexible working the default and requiring employers to accommodate it as far as reasonable.
• Protecting Women Post-Maternity Leave: Making it unlawful to dismiss a woman for six months after returning to work, except in specific circumstances.
• Single Enforcement Body: Establishing a Fair Work Agency to strengthen enforcement of workplace rights.
• Fair Pay Agreement in Adult Social Care: Establishing fair pay and conditions in the adult social care sector, with potential expansion to other sectors.
• Trade Union Legislation Updates: Removing unnecessary restrictions on trade union activity and promoting good faith negotiation.
• Simplified Statutory Recognition Process: Ensuring workers and union members have a reasonable right to access a union within workplaces.

Draft Equality (Race and Disability) Bill

The draft Equality Bill aims to address inequality for ethnic minorities and disabled people by:

• Equal Pay Rights: Enshrining the full right to equal pay for ethnic minorities and disabled people in law.
• Mandatory Pay Reporting: Introducing mandatory ethnicity and disability pay reporting for larger employers (those with 250+ employees) to help close pay gaps.

Additionally, Labour commits to delivering a “genuine living wage” and removing existing age categories for the minimum wage, without requiring separate legislation. Reforms to the apprenticeship levy and the establishment of Skills England are also on the agenda.

When Are the Reforms Likely to Become Law?

Changes to the national minimum wage, such as altering the remit of the Low Pay Commission, could take effect as early as April 2025. However, the Employment Rights Bill and the Equality Bill will need to be drafted, debated, and approved by Parliament. Given Labour’s significant majority, these bills are expected to pass relatively smoothly, but secondary legislation and updated codes of practice will be required, potentially delaying implementation.

Extensive consultation with trade unions and businesses is anticipated, aligning with Labour’s commitment to collaborative policymaking. This consultation process may further delay the enactment of certain measures.

What Steps Can Employers Take to Prepare?

While no immediate action is required, employers should stay informed about the proposed changes. Key recommendations include:

• Monitoring Developments: Keep an eye on updates regarding the specific details of the reforms.
• Reviewing Equality Data: Start collecting and analyzing equality data to prepare for potential mandatory reporting.
• Updating HR Systems and Policies: Anticipate changes to employment law and ensure policies and procedures are up-to-date.
• Training Managers: Prepare managers for new employment law requirements, such as day-one unfair dismissal rights and fair dismissal procedures.
• Considering Union Representation: Assess the potential impact of increased trade union activity and statutory recognition on your organization.

We will keep you updated on further key developments. In the meantime, please contact us if you have any questions or queries about how the proposals in the King’s Speech might impact you as an employer.

In a bid to address concerns over unsustainable levels of legal migration and combat visa abuse, the UK government has implemented new rules aimed at significantly reducing net migration while ensuring fair treatment of care workers and protecting British jobs. These measures, spearheaded by Home Secretary James Cleverly MP, signify a robust yet equitable approach towards immigration reform and workforce management.

Addressing Care Worker Visa Abuse

One significant aspect of the new regulations is the restriction placed on care workers from bringing dependents. Last year alone, an alarming 120,000 dependents accompanied 100,000 workers in the care sector, highlighting a disproportionate trend that raised red flags regarding potential exploitation and misuse of the immigration system.

To counter such abuses, care providers in England must now register with the Care Quality Commission (CQC), the industry regulator for Health and Social Care. This measure aims to crack down on worker exploitation and abuse within the sector, ensuring that those entering the UK for employment are treated fairly and in accordance with established standards.

A Balanced Approach

While acknowledging the invaluable contributions of care workers to society, the Home Secretary emphasises the need for action in the face of clear abuses and unsustainable migration numbers. The government’s plan, as outlined by Cleverly, seeks to strike a balance between protecting British workers and facilitating the entry of international talent that adds value to the economy and society.

Preventing Undercutting and Ensuring Fairness

The new rules extend beyond the care sector to encompass broader measures aimed at preventing the continued undercutting of British workers. By raising the salary threshold for skilled workers and removing discounts for migrant workers in shortage occupations, the government aims to create a level playing field where both domestic and international workers are treated fairly and equitably.

A Sustainable Approach to Social Care

Minister for Social Care Helen Whately MP underscores the government’s commitment to developing a sustainable approach to social care. While international recruitment has played a role in addressing workforce shortages, it is not a long-term solution. Instead, the government is focusing on boosting the domestic workforce through reforms aimed at providing clearer career paths, better training, and improved job prospects for British workers.

Ensuring Integrity in Higher Education

In addition to immigration reforms, the government is also taking steps to safeguard the integrity and quality of UK higher education. A review of the graduate route for international students, commissioned by the Home Secretary, aims to prevent abuse and ensure that the UK attracts the best and brightest talents from around the world.

Conclusion:

The new UK laws represent a significant step towards addressing concerns related to migration and visa abuse while ensuring fairness and integrity in the immigration system. By prioritising the protection of British workers, promoting sustainable solutions in social care, and upholding standards in higher education, the government is laying the groundwork for a more equitable and prosperous future for all. As these measures take effect, it is essential to monitor their impact and continue working towards a more inclusive and balanced immigration policy that serves the best interests of the UK and its citizens.

For all your immigration questions and advice, contact Aman Solicitors today.

As the regulatory landscape evolves, staying abreast of employment law changes is crucial for businesses to ensure compliance and foster a fair and supportive workplace environment. With the UK government confirming at least 10 new laws for 2024, alongside the customary yearly adjustments such as the national minimum wage, businesses must proactively prepare for the implications these changes may have on their operations.

At Aman Solicitors in Birmingham, we understand the importance of anticipating and adapting to legislative shifts in employment law. To help you navigate the upcoming changes and understand their impact, here’s a comprehensive overview of what to expect in the realm of UK employment law in 2024.

Statutory Carer’s Leave: A New Entitlement

Effective from 6th April 2024, eligible employees will have the right to take statutory carer’s leave, marking a significant addition to leave entitlements in the UK. Under this new law, employees caring for dependents with long-term care needs will be entitled to take up to one week of unpaid leave annually, starting from their first day of employment.

Flexibility is key, as employees will have the freedom to take carer’s leave as needed, provided they give the requisite notice, which is typically double the requested time off or three days, whichever is longer. While employers cannot refuse carer’s leave requests, they may postpone leave if it would severely disrupt business operations.

Statutory Neonatal Care Leave: Enhancing Support For Parents

Expected to be introduced in October 2024, statutory neonatal care leave aims to provide additional support to parents of babies in neonatal care units. This new entitlement recognizes the unique challenges faced by parents during this critical time and allows for up to 12 weeks of leave, beyond existing maternity and paternity entitlements.

Employers will be required to pay employees on neonatal care leave at the same rate as maternity pay, ensuring financial support for families during challenging circumstances.

These forthcoming changes underscore the need for employers to review and update their policies and procedures to accommodate evolving legal requirements and support the well-being of their workforce.

At Aman Solicitors, we are committed to providing timely and expert legal guidance to help businesses navigate the complexities of employment law in the UK. Our experienced team stands ready to offer tailored advice and strategic solutions to address your specific needs and challenges.

If you require assistance in understanding or implementing these changes, don’t hesitate to reach out to us for instant advice and support. Together, we can ensure your business remains compliant, resilient, and well-equipped to thrive in an ever-changing regulatory landscape.

For expert legal assistance on employment law matters, contact Aman Solicitors today.

As we approach a new year, it’s crucial to stay informed about the evolving landscape of immigration regulations. On December 4, 2023, Home Secretary James Cleverly announced a “five-point plan” to reduce immigration, unveiling significant changes to visa rules. At Aman Solicitors, we believe in empowering you with the knowledge needed to navigate these adjustments effectively.

The Five Changes in Visa Rules:

1. Dependency Restrictions for Social Care Workers:

• Social care workers will no longer be allowed to bring dependents (partners and children) on their visa.

2. Increased Minimum Salary for Skilled Worker Visa:

• The baseline minimum salary for a Skilled Worker visa will rise from £26,200 to £38,700 (except for the Health and Care Worker visa and education workers on national pay scales).

3. Alterations to the Shortage Occupation List:

• Changes to the shortage occupation list aim to reduce the number of jobs eligible for sponsoring overseas workers below the baseline minimum salary.

4. Elevated Minimum Income for Spouse/Partner Visa:

• The minimum income required to sponsor someone for a spouse/partner visa will increase in stages: £18,600 to £29,000, then approximately £34,500, and finally around £38,700.

5. Review of the Graduate Visa:

• The Migration Advisory Committee will conduct a review of the Graduate visa, a two-year unsponsored work permit for overseas graduates of British universities.

Implementation Timeline:

The changes will be implemented on different timelines:

• Banning care worker dependents is expected “as soon as possible in the new year.”
• The Skilled Worker minimum salary increase will take effect in April 2024.
• Changes to the shortage occupation list are anticipated no earlier than April 2024.
• Spouse/partner visa minimum income will increase in stages throughout 2024 and early 2025.
• The Graduate visa review will commence in January and may extend until late 2024.

Advance Notice and Parliamentary Procedure:

• Statements of changes to the Immigration Rules must be laid before Parliament and are typically subject to at least 21 days of advance notice.
• MPs are unlikely to vote on the changes, as alterations to the Immigration Rules take effect automatically unless actively annulled within 40 days.

How Aman Solicitors Can Assist:

At Aman Solicitors, we understand the significance of these changes and the impact they may have on individuals and businesses. Our experienced immigration law team is here to guide you through the complexities of the new regulations, providing tailored advice and solutions.

Bottom Line:

The landscape of immigration rules is ever-changing. Stay informed, and let Aman Solicitors be your trusted partner in navigating the complexities of these adjustments. Visit our website AmanSolicitors.co.uk for more information or to schedule a consultation with our immigration experts. Knowledge is empowerment, and we are here to empower you through every step of your journey.

In a recent announcement, Home Secretary James Cleverly laid out an ambitious 5-point plan aimed at reducing legal immigration to the UK, set to take effect in the Spring of 2024. These measures, driven by the government’s commitment to control net migration and protect the interests of British workers, come as a response to the challenges posed by high levels of migration and the strain on public services.

Cleverly stated, “It is clear that net migration remains far too high. By leaving the European Union, we gained control over who can come to the UK, but far more must be done to bring those numbers down so British workers are not undercut and our public services put under less strain.”

Key Changes in the Immigration Landscape:

• Minimum Salary Hike: Skilled workers will witness a substantial increase in the minimum salary, rising from £26,200 to £38,700. This move is anticipated to impact nearly 300,000 individuals who would have qualified to enter the UK under the previous threshold.
  
• Family Visa Financial Threshold: The financial threshold for family visas, allowing partners to enter the UK, has skyrocketed from £18,600 to £38,700, a significant increase of £20,100.
  
• Healthcare Workers and Dependents: The ban on healthcare workers bringing in dependants aims to address concerns about worker exploitation and abuse within the adult social care sector. The move follows the introduction of carers as a temporary measure to fill labour shortages after the pandemic.
  
• Shortage Occupation List: The 20% reduction in the going rate for jobs on the shortage occupation list is set to be withdrawn.
  
• Graduate Visa Route Review: A comprehensive review of the graduate visa route is in progress.
  
• IHS Surcharge Increase: As of 16 January 2024, the Immigration Health Surcharge (IHS) will surge from £624 to £1,035, ensuring migrants make a fair financial contribution to public services, including the NHS.
  

Government’s Perspective:

According to Cleverly, these measures are designed to deliver the most substantial reduction in net migration, with approximately 300,000 people who came to the UK last year being impacted. He emphasised the government’s commitment to halt the drastic rise in work visa routes and crack down on those seeking to exploit the UK’s hospitality.

Workers and their dependants currently account for a significant proportion of visas issued, with Skilled Worker and Health and Care Worker visas making up 63% of work grants. The proportion of work-related visas granted to dependants has risen to 43% as of the year ending September 2023.

In addition to the immigration reforms, the government is taking steps to address concerns about non-compliance and worker exploitation within the adult social care sector, particularly for overseas workers employed in care occupations.

Changes in Student Visas:

Earlier this year, the government announced measures to cut the number of student visas issued. These include removing the right for international students to bring dependants unless they are on postgraduate research courses and preventing international students from switching to work routes before completing their studies. These changes will come into force for courses starting in January 2024.

Conclusion:

As the UK prepares for a significant immigration overhaul, these measures are poised to impact individuals, businesses, and sectors across the board. The government’s commitment to striking a balance between controlling migration and ensuring fair contributions to public services underscores the complexity of this issue. For those affected by these changes and in need of guidance, Aman Solicitors stands ready to provide support and advice.

Stay informed, stay connected. 

Introduction:

As the summer months have come to an end, it’s time to take a closer look at the significant developments in UK employment law that have taken place during this period. At Aman Solicitors, we understand the importance of staying updated on the ever-evolving legal landscape, and we’re here to provide you with a comprehensive overview of the key changes and reforms that have transpired in the world of employment law.

Family-Friendly Rights:

One area of employment law that saw notable developments over the summer pertains to family-friendly rights. Employers and employees alike should be aware of these changes, which include adjustments to parental leave and flexible working arrangements. These changes are aimed at creating a more inclusive and supportive work environment, where employees can better balance their personal and professional lives.

Trade Unions and Sexual Harassment Reform:

In the realm of trade unions and sexual harassment reform, significant strides have been made to ensure that workers’ rights are protected and that workplaces are free from harassment. These reforms are part of a broader effort to promote fairness and equality in the workplace. Our solicitors are well-versed in these changes and can provide guidance on how they may affect your business or employment situation.

Worker Status and Industrial Action Rights:

Court and tribunal decisions during the summer have also clarified the test for worker status and industrial action rights. Understanding the legal framework surrounding worker status is crucial for both employers and employees, as it can impact employment rights and benefits. Likewise, staying informed about industrial action rights is essential for those involved in labor disputes or negotiations.

Treatment of Share Incentive Plan Rights after TUPE Transfers:

Another key area of development in UK employment law relates to the treatment of share incentive plan rights after TUPE transfers. Changes in ownership or business structures can have significant implications for employees’ benefits and entitlements. Our solicitors can provide expert advice on how these changes may affect you and your business.

Conclusion:

While we typically expect employment law reform to progress slowly, this summer has proven to be an exception. The developments we’ve highlighted in family-friendly rights, trade unions, sexual harassment reform, worker status, industrial action rights, and share incentive plan rights after TUPE transfers underscore the need for ongoing vigilance and legal expertise in navigating the complexities of employment law.

At Aman Solicitors, our team of dedicated solicitors is here to assist you with all your employment law needs. Whether you’re an employer seeking to ensure compliance with new regulations or an employee looking to understand your rights better, we are committed to providing you with the guidance and support you require.

Stay informed, stay protected – trust Aman Solicitors for all your employment law matters.

If you’re an employer in the UK or an individual considering working in the country, it’s essential to stay informed about the latest updates in immigration and employment law. Recent announcements from the UK government have significant implications for both employers and visa applicants, and it’s crucial to understand these changes to make informed decisions.

Visa Application Fee Increases

The UK government has confirmed plans to implement substantial increases in visa application fees. While the exact effective date is yet to be confirmed, it is expected to take place in autumn 2023. These proposed changes are set to create additional financial burdens for employers recruiting individuals from overseas who require visas to work in the UK.

Here’s a breakdown of the key fee increases:

1. Core government application fees for work and visitor visas are set to rise by 15%.
2. Fees for Certificates of Sponsorship, indefinite leave to remain, all other leave to remain, entry clearance applications, and priority services will increase by 20%.
3. The main rate of the Immigration Health Surcharge will see a substantial increase from £624 to £1035 per year. For students and those under 18, the discounted rate will increase from £470 to £776 per year.
4. For instance, a Three-Year Skilled Worker visa application for a single applicant is estimated to exceed £7,000 under the new arrangements, reflecting a roughly 25% increase.

Impact on Employers

These changes undoubtedly present higher costs for employers seeking to recruit foreign talent. To mitigate the financial impact, employers should consider the following strategies:

1. Review Recruitment Plans: Evaluate your recruitment plans and budget to ensure they align with the expected fee increases.
2. Accelerate Applications: If feasible, consider bringing forward visa applications before the fee hikes come into effect to avoid paying higher rates.
3. Maximise Visa Durations: For new hires applying before the increased fees take effect, consider maximising visa durations to minimise the potential for costly renewals in the future.

Penalty Increases for Illegal Working

In addition to the visa fee increases, the Home Office has announced significant raises in civil penalties for illegal working, anticipated to take effect in 2024. These increased penalties are designed to further discourage illegal working practices in the UK.

Here are the notable civil penalty increases:

1. The penalty for a first breach will rise from a maximum of £15,000 per illegal worker to £45,000.
2. The penalty for repeat breaches will increase from £20,000 per illegal worker to £60,000.

Ensuring Compliance

Employers must have robust processes in place to combat illegal working, in accordance with Home Office guidance. This includes conducting proper right-to-work checks for all employees, regardless of nationality. For those holding a Sponsorship Licence, there are enhanced compliance and reporting obligations that must be upheld to avoid penalties.

As solicitors based in Birmingham, we are well-equipped to assist with all immigration and employment law matters. If you require guidance or support navigating these changes, please don’t hesitate to reach out to our experienced legal team. Stay informed, stay compliant, and make informed decisions in this evolving legal landscape.

For expert legal advice and assistance, contact Aman Solicitors today. We’re here to help you navigate the complexities of immigration and employment law in the UK.