Ogletree, Deakins, Nash, Smoak & Stewart, P.C. (JD Supra United Kingdom)

The Supreme Court of the United Kingdom has held in Asda Stores Ltd v. Brierley and others that Asda supermarket retail employees can appoint Asda depot workers as their comparators in an equal pay claim despite their working in different ‘establishments’ of the business. When bringing an equal pay claim, claimants must choose a valid comparator of the opposite sex who is employed in ‘the...

Following the Home Office’s 2020 response to the 2019 ‘Transparency in Supply Chains Consultation’, the UK government has launched an online central registry of statements published in compliance with requirements under section 54 of the Modern Slavery Act 2015. The aim of the registry is to make it easier for businesses and the public to find and review commercial organizations’ modern slavery...

Under section 109(1) of the Equality Act 2010 (EA 2010), an employer is liable for acts of discrimination, harassment, and victimisation carried out by its employees in the course of employment: “[a]nything done by a person (A) in the course of A’s employment must be treated as also done by the employer.” Section 109 further states that “[i]t does not matter whether that thing is done with the...

On 11 January 2021, the UK Home Office published guidance on the “Covid Visa Concession Scheme (CVCS).” The scheme applies to individuals who left the United Kingdom before 17 March 2020, with permission to live in the UK, whose visas have since expired whilst they were abroad, and are now unable to return to the UK due to coronavirus travel restrictions.

On 15 February 2021, the UK government imposed stricter requirements on individuals travelling or transiting from any of the 33 countries (‘red list countries’) that have had a travel ban to England applied. Separate advice applies to Scotland, Wales, and Northern Ireland.

A “frontier worker” is a resident of the European Union, Switzerland, Norway, Iceland, or Liechtenstein, who is employed or self-employed in the United Kingdom. From 1 July 2021, the UK government will require each frontier worker to hold a valid frontier worker permit, as well as a valid passport or national identity card, in order to enter the United Kingdom as a frontier worker.

As the 4 April 2021, gender pay gap reporting deadline approaches, the UK government has published an updated set of guidance for employers on the gender pay gap reporting requirements. Although the reporting requirements have not changed, the guidance has been updated to include information for employers impacted by the COVID-19 pandemic, in particular relating to furlough leave and the...

On 4 January 2021, Prime Minister Boris Johnson announced a third national lockdown in England. The regulations allow the lockdown to continue until 31 March 2021, although the restrictions are expected to be reviewed in mid-February to allow for the possible reopening of schools.

The news that several COVID-19 vaccines have been developed—and one approved for widespread use in the United Kingdom (Pfizer-BioNTech)—has come as a relief to many. Such news has prompted consideration of the legitimacy of compulsory vaccination in the United Kingdom, particularly in an employment context.

Applications for the new work visa routes for eligible overseas workers who wish to work in the United Kingdom from 1 January 2021 opened on 1 December 2020. Provided applicants meet the criteria, workers from overseas, including the European Economic Area (EEA) and Swiss nationals, are now able to apply online for (among other new entry routes), the skilled worker visa, the intra-company...

The new Global Talent immigration category is available for talented and promising applicants in the fields of science, engineering, medicine, humanities, digital technology, and arts and culture (including architecture, fashion design, film and television, and literature). The Global Talent visa is very similar to its predecessor, the Tier 1 Exceptional Talent visa; however, it provides a...

Prime Minister Boris Johnson announced in a press conference on 31 October 2020, that new national lockdown restrictions would apply in England from 12:01 a.m. on 5 November 2020, until at least 2 December 2020. In conjunction with these new measures, the  Chancellor of the Exchequer Rishi Sunak announced in the House of Commons on 5 November 2020, that the Coronavirus Job Retention Scheme (CJR

On 22 October 2020, UK Chancellor of the Exchequer Rishi Sunak MP announced several important changes to the Job Support Scheme (JSS), including that the government will more than double its contribution for the JSS for certain workers to make up for lost wages. The JSS is due to commence operation on 1 November 2020 and will replace the Coronavirus Job Retention Scheme (CJRS).

Following a review of the Modern Slavery Act 2015 (MSA) and the Home Office ‘Transparency in Supply Chains Consultation’ that closed in September 2019, the UK government is proposing a tightening of the reporting requirements placed on companies and public sector organisations under the MSA. The changes proposed by the government in response to the consultations would extend the number of...

As part of its Plan for Jobs 2020, the UK Government announced in July 2020 that it would pay a bonus to employers that brought furloughed employees back to work and kept such employees continuously employed until 31 January 2021. Further guidance has now been published, in addition to a Treasury Direction, which states that the Job Retention Bonus is intended to “enhance and consolidate” the...

The UK Government has enacted The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020, which came into force in England on 28 September 2020. Failure to comply with these regulations is a criminal offence, the penalty for which includes a fine of £1,000 for a first offence, with fines increasing up to £10,000 for subsequent breaches.

On 24 September 2020, UK Chancellor of the Exchequer Rishi Sunak announced new measures to support businesses and workers affected by the ongoing coronavirus crisis. The announcement came after UK Prime Minister Boris Johnson declared a tightening of coronavirus restrictions in England on 22 September 2020.

On 13 July 2020, the UK Home Office published further details on the UK’s points-based system through a detailed policy statement regarding the changes to the UK immigration system due to come into effect from 1 January 2021, once freedom of movement with the European Union has ended. The document builds on the policy statement published in February 2020 and aims to provide “more detail to...

In light of the Home Office now making regular policy announcements and issuing revised guidance, here are the main immigration law issues that employers may want to keep in mind in order to consider the implications of COVID-19 on their organisations. United Kingdom (UK) Visa Processing - Some UK Visa and Citizenship Application Services (UKVCAS) centres and in-country processing centres...

Following recent events, employers may experience an increase in the number of race discrimination complaints in the workplace. Many organisations in the United Kingdom, in the United States, and globally have made public statements to reinforce their commitment to racial equality.

On 26 June 2020, Her Majesty’s Revenue and Customs (HMRC) updated its Coronavirus Job Retention Scheme (CJRS) Treasury Direction to take account of the flexible furlough scheme. The CJRS is to be tapered downwards until it ends on 31 October 2020.

In May 2020, the United Kingdom welcomed the 50th anniversary of the Equal Pay Act 1970, which was enacted to ensure the equal treatment of men and women in terms of pay and the conditions of employment. However, in recent months, research has revealed that women have suffered a larger fall in earnings in the United Kingdom and are losing their jobs in greater numbers than men during the COVID-19

The Coronavirus Job Retention Scheme (CJRS) will gradually be tapered over the coming months until October 31, 2020, when it will no longer be effective. The CJRS has been a great support to many employers and their employees, however, as businesses begin to reopen and the UK government support decreases, many employers are now faced with difficult workforce decisions - some of which may include...

10 June 2020 marks the final date by which employers may furlough employees for the first time within the timeframe of the current minimum three-week furlough period that ensures eligibility for the Coronavirus Job Retention Scheme (CJRS). The CJRS will close to new entrants on 30 June 2020.

On May 29, 2020, Her Majesty’s Revenue and Customs issued further updates setting out the future of the Coronavirus Job Retention Scheme (CJRS). Full guidance is awaited, but for now the key points to note are the following...

On 28 May 2020, England and Scotland introduced contact tracing systems known as “Test and Trace” and “Test and Protect,” respectively. Northern Ireland has been operating a contact tracing system since 27 April 2020, and Wales introduced the “Test, Trace, Protect” system on 1 June 2020.

On 18 May 2020, at the start of Mental Health Awareness Week in the United Kingdom, the UK government’s Advisory, Conciliation and Arbitration Service (ACAS) published “Coronavirus and mental health at work,” a guide to how individuals can look after their mental health and how employers can “support employees’ health, safety, and well-being” while managing workplace mental health issues. The...

As part of their “COVID-secure” return to work plans, some employers in the United Kingdom are implementing temperature screenings for their employees. One of the primary symptoms of COVID-19 is a temperature of above 38°C (100.4°F). A temperature screening can be considered a reasonable means for mitigating the risk of an outbreak within the workplace; however, there are issues that can arise...

Following the UK government’s recent announcement of a COVID-19 recovery strategy, the government has published guidelines for working safely during the coronavirus (COVID-19) pandemic that are designed to help UK businesses get back on their feet while maintaining safe work environments. The new guidelines, which apply from May 13, 2020, were prepared by the Department for Business, Energy and...

The UK government has released its roadmap, “Our plan to rebuild: The UK Government’s COVID-19 recovery strategy,” as it looks to ease the lockdown over the coming months. Here are 10 practical issues employers need to consider as they move forward.