The Home Office has announced changes to employer right to work checks, effective 6 April 2022 that all employers must be aware of. Carrying out right to work checks is an essential part of the recruitment process and it is important that employers are always up to date with any changes in this area. At present, employers must ask new recruits for physical evidence of their right to work in the UK, such as a Biometric Residence Permit (BRP) ...
In the last article for our Tricky Issues series, we consider the duty to make reasonable adjustments for employees who are deemed disabled under the Equality Act 2010 and share our top tips for employers looking to make such adjustments ...
After more than a decade of litigation, three appeals, and a two week bench trial, the Fifth District Court of Appeal (“DCA”) rejected claims by three retired members of a retirement system that a retirement board breached its fiduciary duties of loyalty and prudence to the retirement system’s members ...
There has never been a more challenging time to lead than right now. Amid the ongoing pandemic, it’s more complicated than ever for leaders to determine a long-term vision when the day-to-day seems so uncertain and urgent. But like many challenging moments in our lives, we learn to evolve and become stronger, more resilient. Through it all, it’s crucial for business leaders to remain courageous, empathetic and adaptable ...
There has never been a more challenging time to lead than right now. Amid the ongoing pandemic, it’s more complicated than ever for leaders to determine a long-term vision when the day-to-day seems so uncertain and urgent. But like many challenging moments in our lives, we learn to evolve and become stronger, more resilient. Through it all, it’s crucial for business leaders to remain courageous, empathetic and adaptable ...
In this article we look at Prevention of Future Death reports (“PFDs”) issued by Coroners in England and Wales – specifically those which have been made in relation to deaths arising from or connected with the COVID-19 pandemic. We assess the significance of the reports and how they may relate to the COVID-19 public inquiry examining the government’s response to the pandemic ...
With Scotland’s population growth stalling and with labour shortages in the UK at a record high, the demand for migrant workers at all skill levels is ever-increasing. Part 1 of this insight focuses on some of the current immigration routes for consideration by Scottish employers. Scotland is more reliant on migration than the rest of the UK to maintain population and help alleviate skills shortages ...
Part 1 of this insight focused some of the current immigration routes for consideration by Scottish employers to mitigate the Scottish labour shortage. Part 2 of this insight explores some of the new routes expected to be opened up by Spring 2022. Innovation visas Global Business Mobility Route In spring 2022, the Home office is due to launch the new Global Business Mobility route ...
On December 7, 2021, in Georgia v. Biden, No. 1:21-cv-163, a federal judge in the United States District Court for the Southern District of Georgia issued a preliminary injunction barring enforcement of President Joe Biden’s vaccine mandate that applies to all federal contractors and subcontractors in covered contracts in any state or territory of the United States ...
In Appeal of Carothers Constr., Inc., the Armed Services Board of Contract Appeals (the “Board”) rejected the Government’s reliance on strict compliance with the material specifications for a 2 1/2″ thick roof deck product when the contractor proved the substitute 2″ thick roof deck was equivalent ...
Legislation about retainage has become common place as many states have adopted different limitations, requirements, and schemes. A recent case in Tennessee is a good reminder that you must pay attention to all of the relevant state’s requirements. Failure to do so can be costly. In Snake Steel, Inc. v. Holladay Construction Group, LLC, the Tennessee Supreme Court recently addressed Tennessee's retainage requirements ...
In November 2021, OSHA issued an Emergency Temporary Standard that applied to employers with 100 or more employees (the “ETS”). The ETS required those employers to either adopt a policy requiring their employees to be vaccinated against COVID-19 or adopt a masking and weekly testing regime that included removing employees who tested positive for COVID-19 from the workplace ...
On Dec. 17, 2021, the United States Court of Appeals for the Sixth Circuit ended the injunction preventing enforcement of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS). The ETS requires that large employers must implement a COVID-19 vaccine mandate or testing protocol ...
Late Friday, the United States Court of Appeals for the Sixth Circuit issued an Order and Opinion lifting the stay that previously had been entered by the United States Court of Appeals for the Fifth Circuit which had prevented the OSHA COVID-19 emergency technical standard (the “ETS”) that applied to employers with 100 or more employees from going into effect ...
Following the publication of its guidance on environmental claims in September 2021, the Competition & Markets Authority (CMA) will start reviewing potentially misleading claims in January 2022. Enforcement action may follow if claims breach consumer law ...
On Jan. 25, President Biden signed Executive Order 14005 (the “Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers”), which modified the Buy American Act (BAA) to require the use of more American-made components on government projects ...
The UK has introduced new legislation that, from 4 January 2022, will require transactions in certain specified sectors to be approved by the UK government before they can be completed. A new regime The UK is introducing a new regime which, from 4 January 2022, will require purchasers to obtain prior approval for transactions in certain specified sectors ...
Led by legal director of immigration, Rachel Harvey and principal associate, Sian Hoare, this webinar provided a post-Brexit recap, outlined general trends and looked at what is on the horizon for immigration law in 2022. Free movement in the UK for all EU citizens ended on 31 December 2020. As a result, there have been significant changes to the UK immigration rules and it looks likely that further changes are still to come in 2022 ...
In October 2021 the UK government introduced a new International Sportsperson route to cater for elite athletes and qualified sports coaches wishing to work in the UK. The new International Sportsperson route was introduced on 11 October 2021. It merges and replaces the previous Tier 2 Sportsperson route and the sporting provisions of the Tier 5 Creative and Sporting Worker route ...
The pandemic alongside a renewed focus on climate change following COP26 and the growing interest in ESG credentials are all contributing to a changing world of work ...
As promised, this is a more detailed discussion of the new Labour Law, which takes effect on 2 February 2022. For an initial snapshot, see myInBrief Dated 21 November 2021. In that earlier inBrief, I discussed what I thought were the most significant departures from previous law, including the new rules on termination of contracts with notice, on end-of-service gratuity, on overtime, and on non-compete clauses. Some of those earlier remarks are further developed below ...
