Employment & Immigration, Lewis Silkin updates

Ireland

Contributed by Lewis Silkin
Topical issues in Irish employment law
  • Ireland
  • 12 May 2021

This article focuses on three areas of employment law in Ireland that have seen recent significant developments: employment status and the gig economy (in particular, whether the UK Uber decision will have an impact in Ireland), collective bargaining arrangements and gender pay gap reporting.

Changes to family leave entitlements introduced
  • Ireland
  • 21 April 2021

The changes to parent's and adoptive leave announced in the Budget 2021 recently entered into force. The Family Leave and Miscellaneous Provisions Act provides for an additional three weeks' paid parent's leave and benefit for each parent, to be taken in the first two years after the birth or adoptive placement of a child. Moreover, all adopting couples will be able to choose which parent takes adoption leave, including male same-sex couples who were previously unentitled.

New code of practice on right to disconnect
  • Ireland
  • 14 April 2021

The government has published its promised code of practice on the right to disconnect from work outside normal working hours. Implementing a right-to-disconnect policy will set a good grounding for an organisational culture in which the line between work and leisure is both visibly respected and taken seriously. This article explains what is in the new code and what it means for employers in Ireland.

Ireland's Immigrant Investor Programme – the allure of inward investment in return for residency
  • Ireland
  • 17 February 2021

The Immigrant Investor Programme offers non-EEA nationals a route to residency in Ireland by offering four investment options to investors who satisfy certain criteria – namely, that they are of good character and have a minimum net worth of €2 million. This article discusses how the programme works, its benefits and how high-net-worth individuals can use it as a means of obtaining residency rights in Ireland.

New code of practice on preventing workplace bullying
  • Ireland
  • 10 February 2021

The new Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work recently entered into force. The code provides an updated definition of what bullying is and, importantly, what does not constitute bullying. The code sets out the steps that employers should take to prevent bullying and the measures that they should take to investigate any complaint. This article reviews the main points that employers should consider.


United Kingdom

Contributed by Lewis Silkin
COVID-19 vaccination – updated FAQs for employers
  • United Kingdom
  • 12 May 2021

Employers are facing many difficult and untested employment law issues as the United Kingdom rolls out its COVID-19 vaccination programme. These FAQs cover whether employers can make vaccination compulsory for employees, alternatives to a mandatory requirement, time off for vaccine appointments, handling vaccine objectors, data privacy concerns and other issues.

Home Office seeks details of current costs of immigration sponsorship
  • United Kingdom
  • 12 May 2021

The Home Office recently sent a voluntary survey to sponsors of workers to gather information about the time and cost associated with holding their sponsor licence. This will be used to assist the Home Office to design an improved sponsorship system for workers and to evaluate it once implemented. The proposed changes to the system are substantial and are aimed at streamlining and simplifying processes for sponsors, as well as delivering a faster process for bringing migrants to the United Kingdom.

Ethnicity pay gap reporting: new legislation looks unlikely after Commission on Race and Ethnic Disparities' report
  • United Kingdom
  • 05 May 2021

Ethnicity pay gap reporting should be voluntary, according to the Commission on Race and Ethnic Disparities' new report. The report describes ethnicity pay gap reporting as a "potentially useful tool" but one that must be approached with care. The guidance that the report recommends would be welcome. Until now, many employers have simply been making their best guess as to how to analyse and interpret data, meaning that ethnicity pay gap figures are not necessarily comparable from one employer to the next.

Important pointers about EU Settlement Scheme-related deadlines
  • United Kingdom
  • 05 May 2021

The main EU Settlement Scheme deadline is 30 June 2021; however, there are other deadlines and considerations of which applicants and their employers may be unaware. Although it is possible to make a late application, this will be allowed only where the individual can demonstrate reasonable grounds for missing the deadline. This article highlights a selection of issues that relate to the main deadline or will start to have practical implications after 30 June 2021.

Home Office announces end to COVID-19-adjusted right-to-work checks
  • United Kingdom
  • 28 April 2021

The Home Office has confirmed that the COVID-19-adjusted right-to-work check process will end on 16 May 2021. Although employers will need to undertake fully compliant right-to-work checks from 17 May 2021, they will not have to carry out retrospective checks where the adjusted process has been used. Many employers have expressed concern that the return to full compliance is premature and unworkable.


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