United Kingdom, Lewis Silkin updates

Employment & Immigration

Contributed by Lewis Silkin
Supreme Court allows supermarket's employees to make equal pay comparison
  • United Kingdom
  • 14 April 2021

The Supreme Court has confirmed that retail staff of UK supermarket chain Asda can compare themselves to higher-paid distribution depot staff for the purposes of an equal pay claim. This decision provides an opportunity for employers to review their pay strategies and look to identify differences in pay between similar level jobs across different sites.

Going back to the office – latest guidance
  • United Kingdom
  • 07 April 2021

The government has published new COVID-19-secure guidance for office settings which includes updated guidance on who should go to work. The guidance restates that anyone who can work from home should do so. However, the guidance goes on to state that employers should consider whether homeworking is appropriate for workers facing mental or physical health difficulties or those with a particularly challenging working environment at home.

Important amendments to document-keeping guidance for sponsors of workers
  • United Kingdom
  • 07 April 2021

The Home Office recently clarified the documentation that sponsors of workers must keep regarding their recruitment activity. The changes are helpful and should not be onerous for sponsors to comply with; however, there may be actions that some employers will need to take to ensure compliance. This article highlights the changes that are set out in Appendix D to the sponsor guidance, which covers document-keeping requirements for sponsors.

Home Office issues further guidance on right-to-work checks for EEA nationals during grace period
  • United Kingdom
  • 31 March 2021

The Home Office has provided UK employers with further details about which actions they may take when checking the right to work of EEA nationals and their family members during the post-transition grace period from 1 January 2021 to 30 June 2021. The guidance covers topics including checking right-to-work documentation issued under the Immigration Rules and carrying out retrospective right-to-work checks for existing employees.

Supreme Court decides that care workers are not entitled to minimum wage when asleep during 'sleep-in' shifts
  • United Kingdom
  • 31 March 2021

In a significant case for the care sector, the Supreme Court has finally given its long-awaited judgment on whether care workers working so-called 'sleep-in' shifts are entitled to the national minimum wage (NMW) for periods when they are asleep. The decision makes clear that individuals who are expected to sleep during a shift are entitled to the NMW only when they are awake for the purposes of performing duties.


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