HR Articles

The first public test phase of the EU Settlement Scheme has now completed its first month. This has not been without issues and technical glitches.

The Resident Labour Market Test (RLMT) is a key part of the Tier 2 (General) Sponsorship System. It is also one which has the potential of causing the most issues. This is because if not done right, the employer must re-do the test again causing significant delays which may result in losing their ideal candidate. It is also of note that if the RLMT is not conducted properly or evidence of it is not kept, the UKVI is very likely to take compliance action against the Sponsor.

An 88-year-old woman has succeeded in her age discrimination claim, making her the oldest person to win such a case.

The Government’s white paper on Brexit, promises a post-Brexit Immigration system for everyone. However, it has left businesses wanting, especially those who rely on their vital EU staff.

The new Agreement published on 8 February 2019 provides protection to the rights of residence for three EEA EFTA States: Norway, Iceland and Liechtenstein in the event of a no-deal. Fortunately for these selective States the entitlements (to work, study and access public funds) of their nationals will be broadly as they are now. Their rights will be protected by international and domestic laws post Brexit. Please note that similar provisions already apply to Switzerland.

From 10 January 2019 it become possible for architects to apply under a Tier 1 (Exceptional Talent) visa. Previously architects could only follow the Tier 2 route, where they would have to be sponsored by a licenced Sponsor, who would have to meet the Residence Labour Market Test (RLMT) before making an offer of employment to the migrant and prior to the migrant coming to the UK.

The Government, in its white paper last year, announced a proposal to remove the cap on sponsoring Tier 2 migrants. This cap applies to Tier 2 (General) migrants earning less than £159,600, applying from outside the UK or are already in the UK as a dependent of a Tier 4 migrant.

In an official Opinion on 31st January 2019, the Advocate General has proposed that in order to truly comply with the Working Time Directive EU members must, through national law, require employers to keep actual records of any time worked by their employees.

As we blogged at the time, an employment tribunal decided last year that a group of Hermes couriers, whose written contracts described them as self-employed business people drivers, in fact had the statutory rights of “worker”. This includes the right to be paid at least the national minimum/living wage, to receive holiday pay and to seek union recognition.

Yesterday, the Court of Appeal in Asda Stores v Brierley ruled that female shop workers could compare themselves to male colleagues working in distribution centres.