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.

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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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Living With COVID-19: What Is Changing in England and What Does It Mean for Employers?

On 21 February 2022, the U.K. government announced its “Living with COVID-19’” plan. This month’s U.K. Employment Law Update outlines the key changes in England and what it means for employers.

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Statement of Changes March 2022 – A Corporate Immigration Perspective

The UK government released a “Statement of Changes to the Immigration Rules” on March 15, 2022. The government believes these changes to be an important part of their post-COVID “Plan for Growth.” The changes are also being implemented with the intention of simplifying the UK immigration system. Further simplified rules will be published later this year, with the government intending to consolidate the Immigration Rules in 2023. The changes will take effect on various dates starting on April 6, 2022.

For the full alert, visit the Faegre Drinker website.

Immigration Update: Europe’s Approach to Ukrainian Refugees

The Russia/Ukraine conflict has resulted in an exodus of refugees from Ukraine on a level which has not been experienced in Europe since World War II. Currently, close to three million refugees have fled Ukraine and some experts anticipate this number will increase to four to seven million. Countries are taking differing approaches to opening their borders to Ukrainian refugees.

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