Archive
Month: February 2022
Changes to right to work checks from 06 April 2022
The Home Office has announced that from 06 April 2022, employers must carry out an online right to work check for those holding Biometric Residence Cards and Permits (BRC/P), or a Frontier Worker Permit (FWP). Here’s what you need to know:
Online only – from 06 April 2022 it will no longer be possible to carry out manual checks on BRC/P or FWP holders – all checks must be carried out online.
Process – the individual will need to generate a right to work share code and share this with you. Along with their date of birth, you will then need to use the share code to check their right to work online. The online status will confirm the individual’s right to work status and the expiration date.
Retrospective checks – there will be no requirement to conduct retrospective online checks for BRC/P or FWP holders. The new online requirement will only apply to right to work checks conducted on or after 06 April 2022.
Holders – BRC/Ps are issued to all persons who have successfully applied to settle in the UK and those with long-stay UK work visas. A FWP will be held by any EU, EEA or Swiss citizen who is employed or self-employed in the UK but lives outside of the UK.
Covid-adjusted checks – the ability to conduct valid remote right to work checks (via video call for example) will remain in place until 05 April 2022. There may be a further announcement before April as to whether this will be extended – we’ll keep you updated.
Get in touch if you need our support with the employment law implications of conducting right to work checks.
This update is accurate on the date it was published (08 February 2022), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
Talking Tribunals #1 – Having your day in court
The latest figures show that the average wait to attend a hearing from the date that a claim is issued is just under a year (335 days to be precise). So, what does this mean in practice?
No longer a sure way to a fast buck – if settlement is on the cards then tactically a long wait to tribunal might be helpful. During settlement discussions, it’s worth reminding claimants of the need to consider the benefits of receiving an early payment versus a long wait for potentially no reward.
Recollections fade – don’t wait until a few months before a hearing before preparing your bundle of documents. Prepare early so you understand your case, and can preserve precious evidence that the passing of time may dilute.
Dealing with departures – you’ll want your best witnesses to attend the hearing. It’s increasingly the case that witnesses have left the employer’s employment before the hearing making it harder to succeed at tribunal. Ensure that any employee pivotal to your case understands you’ll need them to give evidence on your behalf (so they can give their new employer early notice).
Get in touch if you need our advice or support in your approach to settlement or case management prior to a hearing.
This update is accurate on the date it was published (03 February 2022), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
Legal lightbulb – people law, policy, and practice
As part of keeping you in our focus, our ‘legal lightbulb’ update ensures you’re on top of the latest changes in legislation, case law, and people trends.
Government consultation on disability reporting
In response to the National Disability Strategy the government is consulting on workforce disability reporting for large employers (250 employees or more). The consultation is seeking views on how best to improve reporting practices to build more transparency and support cultural changes around disabilities at work. The consultation closes on 25 March 2022 and you can have your say here.
UK trial of four-day working week
20% reduction in hours – 100% pay retained – 100% employee productivity. The four-day working week pilot scheme starts in June. The aim is to gather evidence to present a test case to government and business leaders that a four-day week can work by increasing overall wellbeing without a negative impact on productivity (and actually boost business performance and profits). What’s your view?
People dates for your diary
March 7-12 – National Careers Week: promoting pathways to great careers for all
March 7-13 – Cultivation Street Week: creating green spaces to positively impact mental and physical health
March 18 – Red Nose Day: helping people live free from poverty, violence and discrimination
March 18 – Global Recycling Day: raise awareness of how and what we throw away
March 20 – International Day of Happiness: recognising happiness and well-being