Employment & Immigration, Lewis Silkin updates

Ireland

Contributed by Lewis Silkin
Who is considered an 'essential worker' under the latest Level 5 public health restrictions?
  • Ireland
  • 20 January 2021

Under the latest Level 5 restrictions, employees in Ireland must work from home unless they are classified as essential workers and their work cannot be done at home. The government has updated the list of essential workers to provide that it does not include workers who perform administrative or other support activities for businesses, unless these constitute essential administrative and support activities and the physical presence of the administrative or support worker in the workplace is required.

How Brexit affects UK immigration to Ireland
  • Ireland
  • 06 January 2021

As of 1 January 2021, British nationals visiting or working in the European Economic Area will be restricted. With Schengen rules being introduced for visitors and work visas being required elsewhere in the European Economic Area, this article considers what the end of free movement looks like for British nationals looking to visit or work in Ireland and some further updates to Ireland's immigration and work permit schemes.

Vaccination for COVID-19 – can employers require their employees to be vaccinated?
  • Ireland
  • 23 December 2020

With a vaccination against COVID-19 in sight, many employers in Ireland will understandably be eager to have their employees vaccinated in hope of their workplace returning to some form of normality. This article explores some of the legal issues of which employers must be aware.

Gender pay gap reporting in Ireland – are we there yet?
  • Ireland
  • 09 December 2020

The gender pay gap (GPG) is the percentage difference between the average hourly earnings of men and women. This article reviews the current position on the GPG in Ireland, what is happening with the proposed legislation to introduce mandatory reporting and what employers should be doing now.

Is it time for a specific right to disconnect in Ireland?
  • Ireland
  • 02 December 2020

The mass move to homeworking triggered by the COVID-19 pandemic has shone a spotlight on the increasingly blurred boundaries between work and home and reignited the debate on the right to disconnect. Notwithstanding the protection afforded to employees under existing working time rules and health and safety legislation in Ireland, the current legal framework is inadequate to ensure a genuine right to disconnect. It remains to be seen how the government will choose to tackle the issue.


United Kingdom

Contributed by Lewis Silkin
Right-to-work checks for EEA nationals during first half of 2021
  • United Kingdom
  • 20 January 2021

The Home Office has confirmed that there will be no change to the right-to-work (RTW) check procedure for EEA nationals who start work in the United Kingdom between 1 January 2021 and 30 June 2021 (the post-transition grace period). However, it has left unanswered the question of what to do when an EEA national has no RTW.

Working from home FAQs
  • United Kingdom
  • 20 January 2021

Employers must immediately review their homeworking practices in light of both the new national lockdown and continually changing government advice. In the longer term, this will also mean reviewing homeworking policies and arrangements on a more formal basis. These FAQs summarise the government guidance on work under the current lockdown and a range of other considerations that employers must take into account in relation to homeworking.

What's happening in employment law in 2021?
  • United Kingdom
  • 13 January 2021

Although the COVID-19 pandemic still dominates the agenda, the employment law landscape continues to evolve. This article reviews the significant developments in 2020 (eg, the establishment of the furlough scheme and various other emergency measures) and looks ahead to what is on the horizon for employment law in 2021 (eg, the IR35 reform, the possible introduction of the new Employment Bill and the impact of the Brexit trade deal).

What does the Brexit trade deal mean for immigration law?
  • United Kingdom
  • 13 January 2021

With the end of the Brexit implementation period comes the end of the free movement of persons. This is the case irrespective of the fact that the United Kingdom has secured a trade deal with the European Union. Employers and individuals must digest what the new immigration rules look like, both for EEA and Swiss nationals (aside from Irish nationals) wishing to come to the United Kingdom and British nationals wishing to go to the continent.

What does the Brexit trade deal mean for employment law?
  • United Kingdom
  • 06 January 2021

The United Kingdom and the European Union have published their Trade and Cooperation Agreement. As predicted, in return for a tariff and quota-free trade deal, the United Kingdom has agreed that it will not reduce employment law rights below the standards that existed on 31 December 2020 – but only if this affects trade or investment. This article assesses the implications that the deal might have for employment law.


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