Employment & Immigration, Lewis Silkin updates

Ireland

Contributed by Lewis Silkin
Ireland moves one step closer to introducing statutory sick pay
  • Ireland
  • 16 June 2021

The government confirmed that it has approved the drafting of the General Scheme of the Sick Leave Bill 2021, which will make it mandatory for employers in Ireland to provide statutory sick pay (SSP) to employees. Employers should consider reviewing their policies and contracts to ensure that they reference and comply with the minimum statutory entitlements under the SSP scheme when it comes into force.

Topical issues in Irish employment law
  • Ireland
  • 12 May 2021

This article focuses on three areas of employment law in Ireland that have seen recent significant developments: employment status and the gig economy (in particular, whether the UK Uber decision will have an impact in Ireland), collective bargaining arrangements and gender pay gap reporting.

Changes to family leave entitlements introduced
  • Ireland
  • 21 April 2021

The changes to parent's and adoptive leave announced in the Budget 2021 recently entered into force. The Family Leave and Miscellaneous Provisions Act provides for an additional three weeks' paid parent's leave and benefit for each parent, to be taken in the first two years after the birth or adoptive placement of a child. Moreover, all adopting couples will be able to choose which parent takes adoption leave, including male same-sex couples who were previously unentitled.

New code of practice on right to disconnect
  • Ireland
  • 14 April 2021

The government has published its promised code of practice on the right to disconnect from work outside normal working hours. Implementing a right-to-disconnect policy will set a good grounding for an organisational culture in which the line between work and leisure is both visibly respected and taken seriously. This article explains what is in the new code and what it means for employers in Ireland.

Ireland's Immigrant Investor Programme – the allure of inward investment in return for residency
  • Ireland
  • 17 February 2021

The Immigrant Investor Programme offers non-EEA nationals a route to residency in Ireland by offering four investment options to investors who satisfy certain criteria – namely, that they are of good character and have a minimum net worth of €2 million. This article discusses how the programme works, its benefits and how high-net-worth individuals can use it as a means of obtaining residency rights in Ireland.


United Kingdom

Contributed by Lewis Silkin
'Gender critical' beliefs are protected philosophical beliefs
  • United Kingdom
  • 23 June 2021

The Employment Appeal Tribunal has ruled that 'gender critical' beliefs are protected philosophical beliefs for equality law purposes, while confirming that a belief in 'gender identity' is also a protected characteristic. This means that it is unlawful to discriminate against someone because they do or do not hold either of those beliefs.

Home Office extends adjusted right to work checks
  • United Kingdom
  • 23 June 2021

The Home Office has confirmed to the Immigration Law Practitioners' Association that adjusted right to work checks will remain in place until at least 31 August 2021. The confirmation also covers adjusted right to rent checks. The further extension follows the Prime Minister's announcement that Step 4 of the COVID-19 lockdown roadmap has been delayed.

ECJ confirms that Tesco employees can make equal pay comparison based on EU law
  • United Kingdom
  • 16 June 2021

The European Court of Justice has confirmed that Tesco shop workers can rely on EU law to compare themselves with distribution centre workers for the purposes of an equal pay claim. This decision may make it easier for equal pay claimants to compare themselves with employees working in different jobs in different locations and means that claimants in the United Kingdom can rely on the EU single source test in all types of equal pay claim, so long as a single employer can rectify any pay inequality.

Updated COVID-19 absences policy enables more people to qualify for EU Settlement Scheme
  • United Kingdom
  • 16 June 2021

The Home Office has significantly expanded the policy to allow continuity of residence in the United Kingdom to be preserved in certain circumstances where an EU Settlement Scheme (EUSS) applicant has been absent from the United Kingdom due to the COVID-19 pandemic. The policy has been published in response to a successful legal challenge by the charity, Here for Good, and operates as a concession outside the Immigration Rules until such time as the EUSS Rules can be formally amended.

Home Office strategy statement on legal migration and border control – what's in it?
  • United Kingdom
  • 09 June 2021

As part of the government's 'new plan for immigration', the Home Office has released a strategy statement setting out its plans for legal migration and border control. The statement outlines elements of the Home Office's ambitious multi-year programme for modernising, simplifying and developing visa routes within the UK immigration system following the end of free movement, as well as achieving greater border security.


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