U.K. courts have faced novel employment questions regarding whistleblowers, discrimination over personal beliefs and whether long COVID can be a disability. Employers in the United Kingdom should keep a note of these recent rulings to inform their own policies.
Category: International Employment
Recent Developments in Irish Employment Law
There have been several developments in Irish employment law in recent months. These developments include requirements for gender pay gap reporting, expanded protections for whistleblowers, family leave and flexible work arrangements provisions, a recent court decision relevant to the gig economy, and the European Commission’s infringement notice against Ireland for its failure to comply with the European Union’s Directive on European Works Councils. Employers should examine their policies and procedures to ensure that they are complying with these new measures.
Gender Pay Gap Reporting
Last year, Ireland enacted the Gender Pay Gap Information Act (the “Act”), which requires organizations to report their gender pay gap metrics. Regulations under the Act went into effect May 31, 2022 and require organizations with more than 250 employees to report their gender pay gap information in 2022.
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Reforms to Puerto Rican Labor Law Reinstate Employee-Friendly Measures
On June 20, 2022, Puerto Rico’s governor signed into law Act No. 41-2022 (“the Act”). The Act rolls back certain changes brought about by the Labor Transformation and Flexibility Act (“LTFA”). The LTFA was enacted in 2017 in an effort to reenergize the island’s economy following its effective bankruptcy.
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U.K. Employment Law Update: Worker Status, Non-Compete Restrictions and COVID-19 Dismissal
Clarification on Worker Status
In Nursing and Midwifery Council v Somerville [2022] EWCA Civ 229, the Court of Appeal (CoA) considered whether an obligation on the part of a worker to perform a minimum amount of work was a prerequisite for worker status.
U.K. Update: Changes to Right to Work Checks
On 6 April 2022, the Home Office updated the codes of practice on preventing illegal working. All “Right to Work” (RTW) checks must now be conducted in conformity with the updated codes. Below is a summary of the methods of conducting the checks that are now available to employers conducting RTW checks.
RTW checks must be conducted for all prospective employees, irrespective of their nationality or immigration status. The checks must be conducted before employment commences in the U.K.
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UK Immigration: Understanding the New Scale-Up Visa
What is a Scale-Up visa?
The Scale-Up visa is a route which enables businesses in the U.K. to recruit talented foreign nationals who have the skills needed to allow the Scale-Up business to continue growing. One of the main benefits of the visa is its exemption from the Immigration Skills Charge. The Scale-Up visa is a route to settlement in the U.K.
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