Lewis Silkin updates

Sickness and sick pay – FAQs for employers as COVID-19 lockdown restrictions ease
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 03 June 2020

The government has set out its roadmap for gradually easing the COVID-19 lockdown restrictions, but as employees begin to return to work, there will continue to be many individuals who are unwell or required to self-isolate. This article answers some of the most frequently asked questions about sickness absence and sick pay during the ongoing COVID-19 pandemic, including the rules on statutory sick pay and the position of people who are self-isolating, shielding or otherwise vulnerable.

Government's immigration stance on frontline workers proves controversial
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 03 June 2020

The Home Office recently published an expanded list of COVID-19 frontline workers' occupations entitling them and their family members to a free and automatic one-year extension of leave. The expanded list includes biochemists, midwives and paramedics. Controversially, other frontline health and social care workers – in particular, care workers and home carers – have been excluded from the extension arrangements.

MAC launches six-week call for evidence on shortage occupations
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 27 May 2020

Employers have until 24 June 2020 to provide their views to the Migration Advisory Committee (MAC) on what occupations should be on the shortage occupation lists for UK sponsored skilled migration from 1 January 2021. Employers can complete an online form outlining details of what occupations they have difficulty recruiting for and why. In light of the COVID-19 outbreak, the MAC would also like to hear from employers that are unable to respond before the deadline, but can provide details for future research.

COVID-19: does employers' duty of care extend to commuting to work?
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 27 May 2020

Following the government's publication of its post-COVID-19 recovery strategy, employers are beginning to consider how they may safely reopen their workplace for those who cannot work from home. Employers have statutory duties to provide a safe workplace, but what of risks faced by employees during their commute to work? For many employees, the key concern is not what happens in the workplace, but rather the risks of using public transport to get there.

Pandemic right to work checks procedures
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 20 May 2020

Under the Home Office's current guidance for right to work (RTW) checks, it is possible to conduct a fully compliant initial or follow-up RTW check without seeing an individual face to face. Where this is impossible during the COVID-19 pandemic, the Home Office has instituted a temporary adjusted procedure, which must be backed up by retrospective checks in due course. This article summarises the options and procedures and highlights some general points to be aware of during the pandemic.

Furlough scheme extended until end of October 2020
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 20 May 2020

The Coronavirus Job Retention Scheme has been extended by a further four months until 31 October 2020. The furlough scheme will continue in its current form without any changes until 31 July 2020. However, new flexibility will be introduced from the beginning of August 2020, with the aim of getting employees back to work and boosting the economy. Employers should use the news of the furlough scheme extension to think proactively about the next stage of their business continuity plans.

COVID-19: Tier 2 workers' changes to salary, furlough scheme and redundancy
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 13 May 2020

The spread of the COVID-19 pandemic across the globe is having significant and wide-ranging economic and public health impacts. Businesses are already feeling the adverse side effects of profoundly changed trading circumstances. This article highlights the immigration implications of a number of actions that employers may be forced to take to protect their business over the coming months.

Conducting workplace investigations remotely during COVID-19
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 13 May 2020

COVID-19 has changed the ways in which businesses run and there is still some time before it is 'business as usual'. Most employers are grappling with new ways of working, with many employees working from home. However, what should employers do if they become aware of an allegation of misconduct or wrongdoing? This article considers whether a remote investigation is the right step to take and what employers should bear in mind if they conclude that it is.

Guide to immigration implications of COVID-19 for employers
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 06 May 2020

This article sets out the main immigration law issues and Home Office guidance of which employers need to be aware so that they can consider the implications of the COVID-19 pandemic for their business. It summarises the latest updates and provides further details on issues ranging from logistical considerations to Tier 2 and prevention of illegal working requirements.

Business as (un)usual: how to manage a return to business after COVID-19
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 06 May 2020

The United Kingdom's current lockdown extends until at least 7 May 2020, after which there is likely to be a further extension. When it eventually begins to be lifted, measures for a gradual and phased return to the workplace are likely to be imposed, with physical distancing measures remaining in place. Pending formal publication of detailed guidelines by the government, employers should start thinking ahead about how to manage the process. This article looks at the practical issues to consider.

Ramadan, COVID-19 and lockdown – how can employers support their staff?
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 29 April 2020

Ramadan began on the evening of 23 April 2020 and will last for 30 days (until the evening of 23 May 2020), which means that some or all of it will be taking place under the continued lockdown imposed on account of the COVID-19 pandemic. What issues do employers need to be aware of during Ramadan?

Government plans to go ahead with reformed points-based immigration system despite COVID-19
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 29 April 2020

The Home Office has released an update for employers on the new points-based immigration system due to take effect from January 2021. Despite the disruption caused by COVID-19, the Home Office still intends to go ahead with the new immigration system within the timeframe outlined in its policy statement released on 19 February 2020. What does this mean for UK employers?

Furloughing employees – update on COVID-19 job retention scheme
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 22 April 2020

The government has issued further updates to its guidance for employers on claiming for employee wages through the new Coronavirus Job Retention Scheme and separate guidance for employees. Alongside this, the government has published separate information for employers in advance of the online portal opening for claims on 20 April 2020.

Employer not liable for misuse of personal data by rogue employee
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 15 April 2020

The Supreme Court has allowed an appeal by Morrisons Supermarkets plc, one of the United Kingdom's major supermarket chains, overturning a finding that it was vicariously liable for a rogue employee's deliberate disclosure of payroll data relating to some 100,000 co-workers, of whom 10,000 brought a group claim for damages.

Furloughing employees – FAQs for employers on COVID-19 job retention scheme
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 08 April 2020

The government has updated its guidance on how furlough will work in practice under the new Coronavirus Job Retention Scheme. The guidance gives more clarity on salary sacrifice, which types of worker can be claimed for and which payments can be included. This article sets out the key points from the updated guidance and answers FAQs about the scheme.

IR35 reforms postponed due to coronavirus
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 01 April 2020

The government has announced that the planned reforms to IR35 will now take effect on 6 April 2021 instead of 6 April 2020 as previously planned. The postponement will come as an enormous relief to businesses that were struggling to prepare for this significant change to employment tax while dealing with the issues introduced by the fast-changing coronavirus situation. However, this is clearly a deferral of the reforms rather than an abandonment.

Temporary COVID-19 Wage Subsidy Scheme introduced
Lewis Silkin
  • Employment & Immigration
  • Ireland
  • 01 April 2020

The government has introduced the Temporary COVID-19 Wage Subsidy Scheme to incentivise employers to retain employees on the payroll where possible (replacing the emergency COVID-19 Employer Refund Scheme). This article outlines the implications for employers.

Dismissal unfair where decision maker was not given accurate information
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 25 March 2020

The Employment Appeal Tribunal has ruled that an employee's dismissal for gross misconduct was unfair because the investigating officer failed to share significant new information with the manager who conducted the disciplinary hearing and decided to dismiss the employee. The case highlights the importance of employers undertaking thorough investigations into disciplinary-related allegations before making a final decision.

Coronavirus: key issues for employers
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 18 March 2020

The coronavirus outbreak has brought to the fore numerous employment law concerns, including questions about travel, health and safety, work attendance and discrimination claim risks. This article examines what employers in the United Kingdom need to know about the outbreak.

Coronavirus: what employers need to know
Lewis Silkin
  • Employment & Immigration
  • Ireland
  • 18 March 2020

Numerous employment law concerns have arisen due to the current coronavirus outbreak. From staff who are advised to self-isolate to those who are concerned about the risk of coronavirus and reluctant to come into work, employers have a lot to consider. This article sets out guidance for employers on the implications that coronavirus could have for their business.

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