WH In-House: In Brief Tuesday 20 th February 2018 Wi-Fi: Ward - PowerPoint PPT Presentation

WH In-House: In Brief Tuesday 20 th February 2018 Wi-Fi: Ward Hadaway Guest Email: guest@wardhadaway.com Password: F1rew0rk$

2 Housekeeping Wi-Fi: Ward Hadaway Guest Email: guest@wardhadaway.com Password: F1rew0rk$ Newcastle | Leeds | Manchester

3 Agenda Damien Charlton – Brexit Update Gillian Burns – Immigration Law Jamie Gamble – Employment Law Dean Murray – Competition Law Update Nathan Bilton – IT update Alex Wright – Property Update Newcastle | Leeds | Manchester

Brexit Update Damien Charlton, Partner Wi-Fi: Ward Hadaway Guest Email: guest@wardhadaway.com Password: F1rew0rk$

5 European Union (withdrawal) Bill - Background » Direct Effect » EU Directives » Supremacy of EU Law » European Communities Act 1972 Newcastle | Leeds | Manchester

6 Retaining EU Law » Section 1 – Repeal of European Communities Act 1972 » "Exit Day" » Need for "saving provisions" » Section 2 – Saving provision for EU derived domestic legislation » Section 3 – Incorporation of "direct EU legislation" » e.g. EU Regulations » Subsection (4) – English language version » Section 4 – saving provision for Treaty Rights Newcastle | Leeds | Manchester

7 Interpreting and Amending EU Law » Section 5 – Supremacy of EU Law » Enactments/rules of law passed or made after exit day » Enactments/rules of law passed or made before exit day » Section 6 – Interpretation of EU Law » Decisions of European Court post exit day » Retained and unamended EU law – role of European Court » Supreme Court not bound » Section 7 – Henry VIII powers? » Why needed » Time limited » Role of Parliament Newcastle | Leeds | Manchester

8 Any questions? Damien Charlton Partner | Company and Commercial E: damien.charlton@wardhadaway.com T: 0191 204 4265 Newcastle | Leeds | Manchester

Immigration, HR and Brexit Gillian Burns, Solicitor Wi-Fi: Ward Hadaway Guest Email: guest@wardhadaway.com Password: F1rew0rk$

10 10 Introduction » EEA and non EEA citizens » Key HR considerations when employing EEA and non EEA citizens » Focus on current right to work checks » Brexit – where are we now » Implications of Brexit on EEA citizens and the UK labour market » Practical tips Newcastle | Leeds | Manchester

11 11 The right to work: EEA and non EEA Citizens » EU countries (Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the UK) plus Iceland, Liechtenstein and Norway make up the EEA » EEA Citizens PLUS Swiss citizens (as part of the single market) have the right to live and work in the UK without permission » Non EEA Citizens require permission to live and work in the UK Newcastle | Leeds | Manchester

12 12 Key HR considerations when employing EEA and non EEA citizens Pre-employment During employment On termination Duty to prevent illegal working Right to work checks Identify when immigration Usual rules apply permission expire The recruitment process Right to work follow up Termination if permission checks to work has expired Considering immigration Notification of relevant options changes to UKVI Offer Business restructuring / TUPE Employment contract Newcastle | Leeds | Manchester

13 13 Focus on current right to work checks » Right to work checks » Why do them? » civil penalties » the statutory excuse » criminal penalties Newcastle | Leeds | Manchester

14 14 List A and List B » List A – documents which provide a continuous statutory excuse » List B group 1 – documents where a time limited statutory excuse lasts until the expiry date of leave » List B group 2 – documents where a time limited statutory excuse lasts for 6 months Newcastle | Leeds | Manchester

15 15 Brexit: Where are we now (1) » 23.06.2016 Referendum – public votes "leave" » 29.03.2017 - May triggered Article 50 of the Lisbon Treaty » 19.06.2017 – Brexit negotiations officially start in respect of 3 "separation issues" including rights of EU citizens in the UK and UK citizens in the EU » 29.03.2019 – UK is scheduled to leave the EU » "Implementation Period", but for how long? Newcastle | Leeds | Manchester

16 16 Brexit: Where are we now (2) » Withdrawal agreement (subject to change) provides: » For EU citizens who arrive in the UK after 29.03.2019 it is intended that there will be a "registration system" during the implementation period » Details of immigration during the implementation period and beyond are not agreed Newcastle | Leeds | Manchester

17 17 Implications of Brexit on EEA citizens and the UK labour market » Will EEA citizens leave and UK citizens return to the UK? » Will there be a labour shortage or will unemployment increase? » Will Brexit have a greater impact on certain sectors when compared to others? » How will the right to work checks be affected? What, if any, new documents will be added to List A and List B? » Will the current PBS system (or something similar) be replicated for EEA citizens wanting to work in the UK after the implementation period? Newcastle | Leeds | Manchester

18 18 Practical tips » Don't panic and maintain the status quo » Carry out right to work checks » Reassure EU / EEA / Swiss employees and UK employees based in the EU / EEA / Switzerland » Keep up to date Newcastle | Leeds | Manchester

19 19 Any questions? Gillian Burns Solicitor | Employment E: gillian.burns@wardhadaway.com T: 0191 204 4481 Newcastle | Leeds | Manchester

Employment Law Update Jamie Gamble, Partner Wi-Fi: Ward Hadaway Guest Email: guest@wardhadaway.com Password: F1rew0rk$

21 21 Content » Background and "employment test" » Why employment status matters more than ever now » Taylor Review » King v Sash Windows » IR35 changes Newcastle | Leeds | Manchester

22 22 Gig economy / self-employment » 4.77 million self-employed people in January 2018 (14.8% of all people in work) compared to in 3.8 million in 2008. » Approximately 1.3 million people (4% of all in employment) working in the gig economy » Gig economy will cost Treasury an estimated £3.5bn in 2020/21 » Notable cases: » Uber » Citysprint » Deliveroo » Addison Lee » Highlights the potential consequences of getting it wrong Newcastle | Leeds | Manchester

23 23 Determining employment status Control Mutuality of obligation How to do it Provide work When to do it Where to do it Accept work What to do "Other Factors" Personal Service Provision of equipment Degree of integration Right of substitution Financial risk Opportunity to profit Newcastle | Leeds | Manchester

24 24 Why does it matter Employee Worker Self employed Same rights as workers National Minimum Wage Protection for health and safety on clients premises Statutory maternity/paternity/ Paid annual leave Protected against adoption/shared parental discrimination in some cases leave Protection against unfair Statutory maternity / dismissal paternity / adoption pay Statutory redundancy Protection against unlawful discrimination Written statement of Right not to be treated less employment, itemised pay favourably if they work part- slip & minimum notice of time. dismissal Right to request flexible working Newcastle | Leeds | Manchester

25 25 Why it matters – The Taylor Review » Independent review of modern working practices which made number of recommendations to improve the working conditions of atypical workers. » Suggestions made by the report include: » rename "workers" who are not employees as "dependent contractors" » make the definition of "dependent contractors" clearer, as well as giving additional rights » more emphasis on the control test for workers » treat workers as employed for tax purposes Newcastle | Leeds | Manchester

26 26 Why it matters - The Taylor Review » Government published their response earlier this month: » No concrete proposals on amending the law on employment status at present » Seeking to increase transparency in the employment relationship » Launched 4 consultations: » Employment status » Agency workers » Enforcement of employment rights » Measures to increase transparency in the UK labour market Newcastle | Leeds | Manchester

27 27 Why it matters - The Taylor Review » Consultation on employment status: » Would changes to employment status law achieve greater clarity? » Should the tests be aligned to those in tax sphere? » Should case law be codified into legislation? » Should tests should be modified in any respect , e.g. place less emphasis on personal service or an alternative model adapted? » Should individuals who are deemed employees for tax purposes enjoy the same rights? » Views on the definition of working time for the purposes of the NMW (specifically aimed at gig economy businesses) Newcastle | Leeds | Manchester