United Kingdom, Lewis Silkin updates

Employment & Immigration

Contributed by Lewis Silkin
Supreme Court confirms that Uber drivers are workers
  • United Kingdom
  • 03 March 2021

The Supreme Court has unanimously decided that drivers engaged by Uber are workers rather than independent contractors. It also decided that drivers are working when they are signed into the Uber app and ready to work. As the Supreme Court has dismissed Uber's appeal, the case will now return to the employment tribunal to decide the substantive claims, which concern holiday pay and minimum wage.

Skilled Worker visa provides a shareholding solution for Tier 2 (General) migrants
  • United Kingdom
  • 24 February 2021

Tier 2 (General) migrants cannot have a shareholding of more than 10% in their limited company sponsor; however, the skilled worker route does not include this restriction. How can a Tier 2 (General) migrant take advantage of this change if they are offered a shareholding that would take them above the 10% threshold? The lifting of the maximum shareholding requirement for the skilled worker route should open doors to more businesses and business founders wishing to work in the United Kingdom.

COVID-19 vaccination – FAQs for employers
  • United Kingdom
  • 24 February 2021

Employers are facing many difficult and untested employment law issues as the United Kingdom rolls out its COVID-19 vaccination programme. These FAQs cover whether employers can make vaccination compulsory for employees, alternatives to a mandatory requirement, time off for vaccine appointments, handling vaccine objectors, data privacy concerns and other issues.

Posting employees from the United Kingdom to the European Union – social security arrangements
  • United Kingdom
  • 17 February 2021

In a welcome move, the European Union has notified the United Kingdom that all EU countries will apply the 'detached worker' exception to UK employees who are temporarily seconded to work in the European Union. Similarly, the United Kingdom will apply the detached worker exception for EU employees who are temporarily seconded to work in the United Kingdom. This article reviews the latest position.

England introduces quarantine hotels and further post-arrival COVID-19 testing
  • United Kingdom
  • 17 February 2021

From 15 February 2021, international arrivals to England must quarantine in a government-managed hotel if, within the 10 days before their arrival, they have been in or transited a country to which a travel ban applies. Additional post-arrival COVID-19 testing has been mandated from the same date. A raft of penalties will also apply for non-compliance.


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