Establishing your business in the UK may mean you need to think about recruiting a UK workforce. Before you start recruiting, you should know what rights your new staff will have; UK employment laws could differ markedly from what you’re used to at home.

In the UK, people that make up an employer’s workforce are categorised as either an employee, a worker or self-employed (often called a contractor or consultant). For this blog, we’ve gathered some information from Lexology and we’ll concentrate on employees and focus on their legal rights, which UK employers will need to be aware of and adhere to.

Who is an employee?

UK employment law defines an employee as a person who has entered into, or works under, a contract of employment. A contract of employment means a contract of service and can be express or implied and if express, can be oral or in writing. We would always recommend though that a contract is agreed between the parties in writing – to create certainty of terms (and in fact new legislation introduced over recent years has made written terms a day one requirement). The handbook we have prepared contains a list of factors that indicate that an individual is working as an employee.

Employees are entitled to a wide range of statutory rights and protections, whether they are employed full-time, part-time, permanently or for a fixed term. By comparison, a worker is entitled to a more limited range of statutory employment rights; and a self-employed person has few statutory rights.

If an employer employs someone using a series of fixed-term contracts for at least four consecutive years, they will usually be deemed a permanent employee.

Are all employees equal?

All UK employees have the same employment rights and protections. However, certain rights will only “kick-in” after a certain time period. For example, an employee can currently only make a formal request to work flexibly, after 26 weeks continuous service.

Part-time workers (which includes part-time employees) have the right to the same terms and conditions as comparable full-time workers and have the right not to suffer a detriment (or dismissal) because of their part-time status.

Likewise, fixed-term employees have the right to the same terms and conditions as comparable permanent employees and have the right not to suffer a detriment (or dismissal) because of their fixed-term status

Minimum wage

All UK employees over school leaving age (currently 16) must be paid the National Minimum Wage (NMW) and those over 23 are entitled to the National Living Wage (NLW). Rates are updated annually and are available at: www.gov.uk/national-minimum-wage-rates It is a criminal offence for an employer to refuse to pay the NMW.

Restrictions on working hours

Employees are not generally allowed to work more than 48 hours per week, normally averaged over a 17-week period. However, in the UK, most employees can, and do, opt out of this limit. They can opt back in at any time by giving written notice to their employer.

Employees are generally also entitled to rest breaks. For example, an employee that works more than six hours a day is entitled to a 20-minute rest break away from their workstation. Most employees are also entitled to a weekly rest break of 24 hours of continuous rest in every seven-day period (or 48 hours’ continuous rest in every fortnight).

There are some exceptions to restrictions on working hours and we’ll be happy to explain if they might apply to your UK employees.

Flexible working

Flexible working is increasingly common, with many businesses moving away from fixed 9-5 hours to improve the work-life balance and productivity of staff. All employees who have worked continuously for the same employer for at least 26 weeks have the right to formally request flexible working arrangements. In practice, many employers will have a policy that allows requests to be made from the start of employment.

Minimum holiday entitlement

All employees have the right to 5.6 weeks’ paid holiday each year (the statutory minimum). For a full time employee, this equates to 28 days (including public holidays). Employees that start or end work part way through a holiday year are entitled to paid holiday on a pro rata basis.

Public holidays

There are currently eight permanent public and bank holidays in England and Wales. Although these can be (and often are) included in an employee’s minimum holiday entitlement, employers do not have to let their staff take a holiday on these specific days, provided they are not deprived of their statutory minimum holiday entitlement.

Paid sick leave

Employees who are unable to work due to illness or injury for four or more consecutive days are entitled to receive statutory sick pay (SSP), provided they meet the qualifying conditions. The maximum entitlement is 28 weeks’ SSP during any period of incapacity for work (or any series of linked periods). Many UK employers also offer contractual sick pay at a higher rate than SSP.

Maternity, paternity, and other parental rights

Eligible employees:

• have the right to up to 52 weeks of statutory maternity leave and up to 39 weeks’ statutory maternity pay (or maternity allowance depending upon length of service).
• have the right to up to two weeks’ paternity leave, which may be paid (again, depending upon length of service).
• have the right to shared parental leave and parental leave pay between them, by reducing their maternity/paternity leave entitlements. The rules around shared parental leave are complex and we recommend seeking advice is a staff member requests this type of leave.
• have a right to parental bereavement leave of one or two weeks, at any time within 56 weeks of the death of a child.
• can also take up to 18 weeks’ unpaid parental leave up to each child’s 18th birthday.

Protection from discrimination

It is unlawful in the UK to discriminate against job applicants and employees on the basis of any of the following protected characteristics: sex, marital or civil partnership status; race (including colour, nationality and ethnic or national origin); gender reassignment; religion or belief; sexual orientation; pregnancy and maternity; age and disability.

If an employee’s discrimination claim is successful, the employment tribunal may order the relevant employer to pay compensation to the employee. Whilst potential compensation is technically uncapped, it’s usually based on any actual or potential future loss they would suffer.

Protection from harassment

Harassment is a form of unlawful discrimination if it relates to any of the above protected characteristics (except for marital or civil partnership status, or pregnancy and maternity).

An employer is liable for harassment if they engage in unwanted conduct related to a relevant protected characteristic, that either violates a worker’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for that individual.

Health and safety

As a UK employer it’s your duty to do whatever is reasonably practical to protect the health, safety and welfare of your employees. Amongst other things, this means carrying out risk assessments and protecting employees or others in the workplace from anything that may cause them harm.

Pensions

Under the Pensions Act 2008, every employer in the UK must automatically enrol certain staff (according to the regulator’s guidelines) in a workplace pension scheme and contribute towards it.

Data protection

As an employer in the UK, employers will obtain, process and store personal data (including certain forms of sensitive personal data) about their employees. For data protection purposes, this makes employers a data controller. Each employee will be a data subject, with corresponding rights and obligations.

All employers must process the personal data of their staff, securely and fairly, in a proportionate manner and for legitimate reasons, in compliance with the applicable data protection legislation:

• the Data Protection Act 2018,
• the General Data Protection Regulation (GDPR)
• the UK’s own version of the GDPR, called the UK GDPR
• related guidance such as that published by the Information Commissioner’s Office (ICO).

An employee can make a data subject access request (DSAR) to obtain details of the personal data that employers hold about them (and copies of the same). This includes:

• information about the type of the data being held
• the purposes for which it is processed
• the recipients to whom the data has been disclosed it.

Unless an exemption applies, employers must respond to a DSAR within one month of receipt or face possible enforcement action by the ICO, which can include significant fines.

Cross border transfers of data can become complex, and we would always suggest specialist advice is sought.

Conclusion

Whilst we refer to the UK in this article, the law in the UK can often vary between the four nations, especially for property, employment, or companies. When we say UK, we are generally setting out the position for England and Wales. If you are specifically concerned with employment matters make sure to contact Aman Solicitors.

More than 3000 employees from 60 organisations will participate in a six-month coordinated trial of a four-day work week in the United Kingdom, making it the world’s largest pilot plant for a reduced work week to date.

From June to December 2022, the trial, organised by 4 Day Week Global in corporation with think tank Autonomy and the 4 Day Week UK Campaign, would see all 60 organisations – including several IT firms – embrace a shorter working week with no pay loss.

Throughout the UK experiment, researchers from Cambridge University, Oxford University, and Boston College will collaborate with participating organisations to assess the effects of working four days in various areas, including employee productivity and welfare, the environment, and gender equality.

Managers and executives are increasingly adopting a new work paradigm that emphasises the quality of outputs rather than the number of hours worked. Workers have different expectations about what makes a healthy work-life balance due to the epidemic.

Deeply ingrained societal and cultural conventions can often be dislodged only by a major disruptor. Following the Covid-19 induced flexible operational revolution, this is what we’re witnessing with the typical five-day work week. Those who believe we can go back to the way things were 2 years back are dreaming — the four-day week is an idea that has finally come to fruition.

Stemettes, a social venture that assists girls and young women pursue professions in science, technology, engineering, and mathematics, is one of the tech-related firms participating in the study (STEM).

Because of the vast array of digital tools available, the IT industry, in particular, is well-positioned to gain from a four-day week, according to Imafidon. Working a four-day work week will only be conceivable for them because of our tech-savvy [workers] and our use of digital tools, and the way we can automate some tasks or create certain processes.

According to Kemp, the four-day week also allowed staff to operate more “restricted and concentrated”. It forces us to create specific objectives and guarantee that they are met within a more constrained time frame and set of actions. We’ve gotten much more diligent in assessing outcomes than just the number of hours done.

We hope for more happiness, work satisfaction, and a stress reduction – more time for relaxation is vital [and should mean] less burnout. You need to give your brain a break the same way you need to give your body a break.

We’re wondering if this will also help us contribute and bring more creativity into the team, more invention, and more space for learning, development, and growth – all of which will enable us to achieve more with less.

The 4 Day Week Campaign’s accreditation programme has now approved 78 organisations in the UK, including Autonomy. Formedix, a supplier of clinical trial software tool that automates the end-to-end clinical trial design and construction process for pharmaceutical companies, is one of these companies.

The corporation sent anonymous questionnaires to its employees to measure their reactions following the experiment. 100% of the employees indicated they wanted the four-day workweek to be permanent, and 89 per cent said it raised their job satisfaction, which is tremendous, and 94 per cent said it improved their work-life balance.

Amid concerns over the arrests of anti-monarchy protesters at events related to the ascension to the throne of Prince Charles III after the death of the Queen, Haroon Siddique from The Guardian explains the law on the right to protest.

What is the current law on the right to protest?

Everyone has the right to peaceful protest. While there is no specific right in law, it is enshrined in the rights to freedom of expression and freedom of assembly, protected respectively under articles 10 and 11 of the European convention on human rights, which was directly incorporated into domestic British law by the Human Rights Act.

Limitations to the right to protest in England and Wales were set out in the Public Order Act 1986 and this year in the Police, Crime, Sentencing and Courts Act (PCSC). There is also a common law offence of breach of the peace, and an offence of the same name exists separately in Scotland, where it is also a statutory offence under section 38 of the Criminal Justice and Licensing (Scotland) Act 2010. Northern Ireland has its own legislation governing protests – the Public Order (Northern Ireland) Order 1987, which includes conditions that can be imposed on public processions.

On what grounds have protesters been arrested and what punishment could they face?

Symon Hill, 45, was arrested in Oxford on Sunday on suspicion of behaviour likely to cause harassment, alarm or distress under section 5 of the Public Order Act 1986. The offence carries a maximum penalty of a £1,000 fine, but Hill – who said he was detained after shouting: “Who elected him?” about Charles – was de-arrested before leaving the police station.

A 22-year-old woman who was arrested in Edinburgh, holding a sign saying: “Fuck imperialism, abolish monarchy”, has been charged with breach of the peace. A man was arrested for the same offence on Monday after he was seen shouting at the procession accompanying the Queen’s coffin up the Royal Mile in Edinburgh. The woman who was charged is to appear in the sheriff court, where there is a maximum sentence of 12 months in jail and/or a £5,000 fine or, in vary rare cases prosecuted by indictment, five years imprisonment and/or a £5,000 fine.

Has the law on restrictions to protest become stricter?

In England and Wales the law was made stricter by the PCSC Act. The bill that preceded the act was criticised by civil liberties campaigners, parliament’s human rights committee, charities, academics, and two former home secretaries for being oppressive. While some concessions were made in the House of Lords following criticism, it was eventually passed. The most controversial elements with respect to protest were the widening of the police’s ability to place conditions on protests, including if they think they are too noisy.

The new act has been criticised for weakening the right to protest, and while it was not cited by the police in the above instances, Hill said that Thames Valley police initially said he had been arrested under the PCSC Act, before releasing a statement saying he was detained under the Public Order Act.

The government is now seeking to give police in England and Wales more powers to curb peaceful but disruptive protests though the public order bill, which has also been criticised.

Is there any other relevant legislation?

The Treason Felony Act 1848 appears to still be in effect, which means, technically, anyone calling for the abolition of the monarchy could be convicted of a criminal offence punishable by life imprisonment. In reality, it has not been deployed in a prosecution since 1879, and given that a YouGov poll earlier this year found that 22% of people in the UK support abolishing the monarchy, that is probably good news for the beleaguered prison system.

Make sure to follow us on social media for the latest legal news stories & affairs.

Going to court can be traumatic for anyone. But if you’re a victim of domestic abuse, imagine how it must feel not only to face your alleged abuser across a courtroom, but to be cross-examined by them.

Aside from pursuing a criminal case, many domestic abuse victims must also suffer through civil and family proceedings involving their abuser – for example when making arrangements for their children.

For over 20 years, judges in criminal courts have been able to use special measures to stop defendants from cross-examining vulnerable victims.

But victims in the civil and family courts haven’t had the same protection. And in the worst cases, our courts are being weaponised by domestic abusers, who use proceedings to carry on tormenting their victims.

The situation was even described as a ‘stain on the reputation of our family justice system’ by one judge.

Law Society Gazette is determined to put an end to this practice – to protect victims, ease their trauma, and make sure they get a fair hearing.

They are bringing in important new protections to prevent alleged perpetrators and their victims from cross-examining each other, in specific circumstances, in family and civil proceedings.

Instead, courts will be able to appoint legal professionals to carry out cross-examination.

They estimate that around 8,000 cases a year are likely to need court-appointed lawyers – a significant opportunity for Law Society Gazette readers to apply their considerable advocacy and vulnerable witness cross-examination skills.

We want to encourage anyone with this expertise and vulnerable witness and advocacy training – whether barristers, solicitors, or legal executives – to apply for registration.

You will need to register directly with the Ministry of Justice as a ‘Qualified Legal Representative’ before a court can appoint you. But once registered, you will be able to take on work that is flexible and suits your existing commitments, paid for from a central fund.

This is just one part of a wider package of measures that are designed to protect domestic abuse victims.

Under the Domestic Abuse Act, Law Society Gazette introduced the first statutory definition to make clear that domestic abuse isn’t just physical violence – it can mean emotional, coercive and controlling, and economic abuse.

And through the Domestic Abuse Plan, we are investing heavily in tackling this devastating crime – that includes over £140 million for supporting victims and over £81 million for tackling perpetrators. 

They’re also increasing the number of Independent Sexual and Domestic Violence Advisors by 300, to over 1000 by 2024/25 – a 43% increase over the next three years – providing specialist support for victims as they navigate the criminal justice system.

These are important changes that will make a real difference for victims – helping to keep them safe from their abuser and supporting them to get the best outcomes from the justice system, so they aren’t bullied into arrangements that are unfair and unjust.

If you’d like to find out more about how to become a Qualified Legal Representative and to register, then please take a look at this website.

If you are going through a divorce or any other family law matter, you should strongly consider contacting our expert solicitors on 0121 328 4455.

*By Tom Pursglove, Justice Minister

1. Reforms on eviction

The Renter’s Reform bill is on the cards, and it proposes reforms like abolishing Sec 21. This will do away with the clause that allows landlords to end rolling tenancies just by giving a 2-month notice without assigning reasons. It also proposes a lifetime deposit to replace security deposits and publicize the rogue landlord database.

2. Improved energy efficiency

All new properties would need to achieve Band C energy performance certificates by 2026. There was a plan to have a cap of 10,000 pounds for upgrade costs, but at present, there are no updates on this.

3. Green mortgages are trending

Green mortgages for energy-efficient properties are trending. It is a niche market that is going to increase thanks to cheaper rates for property investors. Banks are also willing to offer loans with lesser rates for such properties.

4. Tax changes

31st January is the deadline for the self-assessment tax form 2020-21. While filing the returns, landlords can only offset 20% of the payment for mortgage interest. Earlier, landlords had 30 days to report and pay the capital gains tax bill after selling a to-let property. Now the time is increased to 60 days.

5. Pet-friendly is in

A problem tenants faced was landlords who refused to entertain pets. If you are a landlord, you must know that the Model tenancy agreement makes it impossible to ban tenants with pets without cause. For example, if your property is too small to have a pet, then you can deny, else, you need to entertain tenants with pets.

6. Short-term lets are not so easy

In Scotland, short-term lets through the likes of Airbnb are no longer going to be easy. Licensing would be required. Once the licensing schemes are drawn out, landlords need to apply for licensing to avail of short-term lets.

7. Carbon monoxide norms

When homes use fires for heating or gas boilers, there is the risk of carbon monoxide leakage. To alleviate this risk, there are now new rules in place. Carbon monoxide alarms are now compulsorily required whenever a new appliance is installed.

Do you want to work in the United Kingdom? Before moving to a new country, it is essential to learn about its labor laws. Today we will be focusing on the United Kingdom. What does UK labor law tell us?

Basics of UK employment law:

Employment law in the United Kingdom is difficult to understand. There are three basic types of workers: employees, contractors, and independent contractors. Even though independent contractors are not entitled to the same benefits as employees, but they receive some but not all of the same protections.

Businesses can suffer if they are unable to determine the employment status of an individual. Many companies prefer to “trial” a new contractor before hiring them full-time.If the person is everything but an employee in name, they should be permitted to continue working. Individuals are typically considered employees and, as a result, are entitled to the full range of employment benefits. 

It is important to note that the labor market in the United Kingdom is extremely liberal. A verbal agreement between a British employer and an employee is sufficient to allow them to work in the country.

Working conditions in the UK

In accordance with current legislation, working hours are restricted. For young people between the ages of 16 and 18, the weekly work limit is 40 hours and eight hours per day. For those over the age of 18, the limit is 48 hours. 

There are still some occupations in which the working hours are determined by the companies. This is true in the hospitality industry, restaurants, night jobs, and even in the liberal arts and sciences fields of study.

During a two-week period, either one day of rest or two consecutive days of rest are allowed. There is a contract where the duration of the days of rest is fixed at two days per week; it is the “Young Worker” contract.

You also have several public holidays in the year, of which there are 10:

• New Year’s Day
• Good Friday
• Feast of Saint Patrick
• Easter Monday (except Scotland)
• Bank Holiday (in Scotland)
• Early May Bank Holiday
• Summer Bank Holiday 
• Spring Bank Holiday
•  Boxing Day
• Christmas Day

The legal retirement age ranges from 66 to 68 years old. It depends on your gender and the date of your birth. In the event of a dispute over working conditions, there is a service that will defend your rights, and that service is the Citizens Advice Bureau. Their services are free to anyone residing in the UK. If you are having a disagreement with your employer, you can also contact the “Advisory Conciliation and Arbitration Service. “

To learn more, please visit our website. It is our goal to provide our clients with the best legal service possible. If you liked the article, feel free to share it on your social accounts.

The influx of Ukrainian refugees and those leaving Hong Kong, along with a post-Brexit boom in non-EU migration, has prompted forecasts that this year will witness the highest level of immigration to the United Kingdom “in recent history.”

Following Russian President Vladimir Putin’s brutal invasion of Ukraine in February, the United Kingdom has granted over 70,000 visas to Ukrainians fleeing their homeland.

Meanwhile, the Home Office estimates that over 300,000 British National Overseas (BNO) status holders will migrate to UK from Hong Kong over the next five years due to an offer made in response to China’s shutdown on democratic freedoms in the region.

According to recent Home Office data, non-EU migrants coming to the UK to work and study has increased dramatically since post-Brexit immigration regulations.

Since the UK voted to leave the EU in 2016, the number of non-EU employees, students, and family members given UK visas has surged by more than 50%, to more than 840,000, according to a Telegraph study.

Experts link the increase in non-EU immigration to Boris Johnson’s government’s more liberal stance, as opposed to his predecessor Theresa May’s.

Lower wage and skill limits for visa applicants, no longer needing to establish that companies attempted to hire in the UK before looking overseas, and fewer limitations on students staying in the UK after graduation are among the changes.

Mr Johnson has also broken his promise to Mrs May to restrict net migration below 100,000 each year.

‘Overall immigration will be more than before Brexit since non-EU growth will be stronger than the reduction in EU migrants,’ Sunder Katwala, head of the British Future research group, told the newspaper.

‘It has resulted from intentional policy decisions by the Government to make immigration easier,’ says the report. ‘This year might be greater than any other year in recent British history.’

Global travel restrictions during the Covid epidemic influenced an appraisal of post-Brexit immigration patterns.

However, according to Home Office figures for 2021, the number of work-related visas issued has increased.

Following the conclusion of the Brexit transition period on January 1, 2021, anyone travelling to the UK to work or study will need a visa.

In all, 239,987 work-related visas were awarded in 2021.

This was a 110% rise over 2020 (114,528 visas) and a 25% increase over 2019 (192,559), the last full year before the Covid epidemic.

Only 30,514 (or 13%) of the work-related visas issued in 2021 went to EU nationals and those from Iceland, Liechtenstein, Norway, and Switzerland.

The number of overseas students given UK visas increased dramatically last year.

The number of sponsored study visas issued in 2021 (to both primary applicants and their dependents) was the highest ever.

This increased 89% over 2020 (203,313 visas) and 52% over 2019. (147,558).

However, EU nationals coming to the UK to study accounted for just a small portion of the rise.

In 2021, 22,714 study visas were issued to citizens of the European Union, Iceland, Liechtenstein, Norway, and Switzerland.

This represented 5% of the international student visas issued throughout the year.

Establishing your business in the UK may mean you need to think about recruiting a UK workforce. Before you start recruiting, you should know what rights your new staff will have; UK employment laws could differ markedly from what you’re used to at home.

In the UK, people that make up an employer’s workforce are categorised as either an employee, a worker or self-employed (often called a contractor or consultant). For this blog, we’ve gathered some information from Lexology and we’ll concentrate on employees and focus on their legal rights, which UK employers will need to be aware of and adhere to.

Who is an employee?

UK employment law defines an employee as a person who has entered into, or works under, a contract of employment. A contract of employment means a contract of service and can be express or implied and if express, can be oral or in writing. We would always recommend though that a contract is agreed between the parties in writing – to create certainty of terms (and in fact new legislation introduced over recent years has made written terms a day one requirement). The handbook we have prepared contains a list of factors that indicate that an individual is working as an employee.

Employees are entitled to a wide range of statutory rights and protections, whether they are employed full-time, part-time, permanently or for a fixed term. By comparison, a worker is entitled to a more limited range of statutory employment rights; and a self-employed person has few statutory rights.

If an employer employs someone using a series of fixed-term contracts for at least four consecutive years, they will usually be deemed a permanent employee.

Are all employees equal?

All UK employees have the same employment rights and protections. However, certain rights will only “kick-in” after a certain time period. For example, an employee can currently only make a formal request to work flexibly, after 26 weeks continuous service.

Part-time workers (which includes part-time employees) have the right to the same terms and conditions as comparable full-time workers and have the right not to suffer a detriment (or dismissal) because of their part-time status.

Likewise, fixed-term employees have the right to the same terms and conditions as comparable permanent employees and have the right not to suffer a detriment (or dismissal) because of their fixed-term status

Minimum wage

All UK employees over school leaving age (currently 16) must be paid the National Minimum Wage (NMW) and those over 23 are entitled to the National Living Wage (NLW). Rates are updated annually and are available at: www.gov.uk/national-minimum-wage-rates It is a criminal offence for an employer to refuse to pay the NMW.

Restrictions on working hours

Employees are not generally allowed to work more than 48 hours per week, normally averaged over a 17-week period. However, in the UK, most employees can, and do, opt out of this limit. They can opt back in at any time by giving written notice to their employer.

Employees are generally also entitled to rest breaks. For example, an employee that works more than six hours a day is entitled to a 20-minute rest break away from their workstation. Most employees are also entitled to a weekly rest break of 24 hours of continuous rest in every seven-day period (or 48 hours’ continuous rest in every fortnight).

There are some exceptions to restrictions on working hours and we’ll be happy to explain if they might apply to your UK employees.

Flexible working

Flexible working is increasingly common, with many businesses moving away from fixed 9-5 hours to improve the work-life balance and productivity of staff. All employees who have worked continuously for the same employer for at least 26 weeks have the right to formally request flexible working arrangements. In practice, many employers will have a policy that allows requests to be made from the start of employment.

Minimum holiday entitlement

All employees have the right to 5.6 weeks’ paid holiday each year (the statutory minimum). For a full time employee, this equates to 28 days (including public holidays). Employees that start or end work part way through a holiday year are entitled to paid holiday on a pro rata basis.

Public holidays

There are currently eight permanent public and bank holidays in England and Wales. Although these can be (and often are) included in an employee’s minimum holiday entitlement, employers do not have to let their staff take a holiday on these specific days, provided they are not deprived of their statutory minimum holiday entitlement.

Paid sick leave

Employees who are unable to work due to illness or injury for four or more consecutive days are entitled to receive statutory sick pay (SSP), provided they meet the qualifying conditions. The maximum entitlement is 28 weeks’ SSP during any period of incapacity for work (or any series of linked periods). Many UK employers also offer contractual sick pay at a higher rate than SSP.

Maternity, paternity, and other parental rights

Eligible employees:

• have the right to up to 52 weeks of statutory maternity leave and up to 39 weeks’ statutory maternity pay (or maternity allowance depending upon length of service).
• have the right to up to two weeks’ paternity leave, which may be paid (again, depending upon length of service).
• have the right to shared parental leave and parental leave pay between them, by reducing their maternity/paternity leave entitlements. The rules around shared parental leave are complex and we recommend seeking advice is a staff member requests this type of leave.
• have a right to parental bereavement leave of one or two weeks, at any time within 56 weeks of the death of a child.
• can also take up to 18 weeks’ unpaid parental leave up to each child’s 18th birthday.

Protection from discrimination

It is unlawful in the UK to discriminate against job applicants and employees on the basis of any of the following protected characteristics: sex, marital or civil partnership status; race (including colour, nationality and ethnic or national origin); gender reassignment; religion or belief; sexual orientation; pregnancy and maternity; age and disability.

If an employee’s discrimination claim is successful, the employment tribunal may order the relevant employer to pay compensation to the employee. Whilst potential compensation is technically uncapped, it’s usually based on any actual or potential future loss they would suffer.

Protection from harassment

Harassment is a form of unlawful discrimination if it relates to any of the above protected characteristics (except for marital or civil partnership status, or pregnancy and maternity).

An employer is liable for harassment if they engage in unwanted conduct related to a relevant protected characteristic, that either violates a worker’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for that individual.

Health and safety

As a UK employer it’s your duty to do whatever is reasonably practical to protect the health, safety and welfare of your employees. Amongst other things, this means carrying out risk assessments and protecting employees or others in the workplace from anything that may cause them harm.

Pensions

Under the Pensions Act 2008, every employer in the UK must automatically enrol certain staff (according to the regulator’s guidelines) in a workplace pension scheme and contribute towards it.

Data protection

As an employer in the UK, employers will obtain, process and store personal data (including certain forms of sensitive personal data) about their employees. For data protection purposes, this makes employers a data controller. Each employee will be a data subject, with corresponding rights and obligations.

All employers must process the personal data of their staff, securely and fairly, in a proportionate manner and for legitimate reasons, in compliance with the applicable data protection legislation:

• the Data Protection Act 2018,
• the General Data Protection Regulation (GDPR)
• the UK’s own version of the GDPR, called the UK GDPR
• related guidance such as that published by the Information Commissioner’s Office (ICO).

An employee can make a data subject access request (DSAR) to obtain details of the personal data that employers hold about them (and copies of the same). This includes:

• information about the type of the data being held
• the purposes for which it is processed
• the recipients to whom the data has been disclosed it.

Unless an exemption applies, employers must respond to a DSAR within one month of receipt or face possible enforcement action by the ICO, which can include significant fines.

Cross border transfers of data can become complex, and we would always suggest specialist advice is sought.

Conclusion

Whilst we refer to the UK in this article, the law in the UK can often vary between the four nations, especially for property, employment, or companies. When we say UK, we are generally setting out the position for England and Wales. If you are specifically concerned with employment matters make sure to contact Aman Solicitors.

The new immigration rules for the UK Global Business Mobility visa came into being on April 11, 2022. The Home Office also published detailed guidance for applicants, including the eligibility criteria and how the sponsorship would work.

The Home Office established five new work visa categories under the umbrella of Global Business Mobility. These are,

1. Senior or Specialist Worker.
2. Graduate Trainee.
3. Secondment Worker.
4. Service supplier to the UK.
5. UK expansion worker to set a UK presence.

The first three bullets are specified for residents only, while the last three are for workers with no UK presence. The secondment is applicable for both routes.

If your business aims at hiring overseas workers, irrelevant of the route you choose, your business must own an official sponsor licence. At Aman Solicitors, you can successfully secure sponsor approval as they are experienced in helping businesses of all sizes.

What do employers need to know about the Global Business Mobility routes?

Senior or Specialist Worker visa

This category replaced the Intra-Company Transfer route, raising the minimum salary by £900 to £42,400.

The senior or specialist workers granted permission after the new rules will not be able to work in lower creative roles.

Senior or specialist workers can not be categorised as temporary workers. They do not have a route to settlement.

Graduate Trainee Visa

This route directly removes the limit of allowing 20 graduates trainee per year to no limit. It also replaces the Intra Company Graduate Trainee route, raising the minimum salary requirement by £100 to £23,100.

Service Supplier Visa

Applicants must be working for an overseas supplier who is, in turn, providing services to the sponsor in the UK. The service provided must also be under a contract registered with UK visas and Immigration and covered by any UK international agreements. This route replaces the T5 International Agreement Route.

There is no minimum salary for this route, but it requires a minimum skill level. This route only allows visas for six to twelve months, depending on the international agreement.

Secondment Worker Visa

This new Secondment Worker Visa provides for temporary assignments linked to high-value investments by an overseas employer, with the ‘high value’ being £10million per year and at least £50million overall.

UK Expansion Worker Visa

The UK expansion worker visa replaces the Representative of an Overseas Business route. This route also requires sponsorship with the same minimum wage and skill levels as the Senior or Specialist Workers route.

Firms should be able to prove that they have been trading for up to three years overseas and provide evidence to back up their trade expansion in the UK.

Sponsors are expected to bring five people along with them but will not be able to certify financial maintenance, so they will need to satisfy the financial requirement from their own pockets.

Conclusion

The license fee is dependent upon the size of the organisation. The routes categorised as temporary workers would have the same fee as a small sponsor, regardless of the size.

In today’s post pandemic world, business owners and managers need to be aware of the dual impacts COVID & Brexit can have on their workplaces. COVID-19 has caused so much disruption in normal business operations, while Brexit is making the partnerships between UK businesses and their EU counterparts uncertain. COVID-19 has resulted in the postponement and cancellation of many projects, while Brexit has contributed to relocations and the lack of qualified workers from EU countries. This has also led to many new legal issues which today’s business owners aren’t exactly sure how to handle.

     The employment law sector has seen an increase in new cases as a result of the impacts of Brexit and the pandemic and solicitors from firms throughout the UK are standing by to serve the needs of today’s business owners and workers.

Employment

The COVID-19 pandemic forced many businesses to lay off many, while requiring the rest to work from home. For a number of months, many workplaces were closed and businesses relied almost completely on remote working. The year 2021 has promised a renewed growth with the easing of lockdown restrictions and an increase of confidence among customers. Although the UK has avoided a no-deal Brexit, future relationships with EU countries are still uncertain.  Many local UK workers have been re-hired or found new employment, but the situation is uncertain for EU professionals. They no longer enjoy the same privileges and benefits as before.

Technology

The COVID-19 pandemic has put an emphasis on digital technology implementations in the workplace. It has become a necessity to deliver services and provide consultation through digital channels. Businesses across the UK have expanded their IT infrastructure to maintain productivity and comply with COVID-related regulations. Broadband internet access, a robust digital network, and more capable devices are now commonly found in many UK workplaces. Following the Brexit, UK seeks to maintain its status as one of top global technology hubs. However, talent retention and acquisition are critical to ensure competitiveness. UK businesses are finding it harder to hire capable EU professionals and it takes time for the local job market to meet such demand.

Operations

After the pandemic, more employees will continue working from home due to a number of reasons. COVID-related regulations imply that employees and customers need to maintain safe physical distance to minimise the transmission of COVID-19 virus. Office layouts must be modified to keep everyone safer from possible transmission. Some full-time employees will spend most of their time at home. Capable remote workers or freelancers will be hired from EU and non-EU countries, if specific skillset and expertise are needed.

Get In Touch With Aman Solicitors Advocates

Aman Solicitors Advocatescan assist you today with your employment law needs and help you find a resolution that works for you. To hire an experienced employment law solicitor, contact Aman Solicitors Advocates today.

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