To work in the UK, a person must be either: • a British citizen • an EEA national, or • have specific permission from UK Visas and Immigration (UKVI) Permission from UKVI is stated on a person’s biometric residence permit (BRP). Tier 4 leave usually comes with permission to work up to 20 hours a week during term-time. With this permission, our example employee does not need to be sponsored by their employer in their current part-time role. See page 50 of the Home Office: Tier 4 of the Points-Based System—Policy Guidance for specific information. If our example employee wants to work full time (other than during vacations or for a limited period at the end of

Safeguarding (and promoting the welfare of children) is defined in the Government’s statutory guidance: Working together to safeguard children as: • protecting children from maltreatment • preventing impairment of children’s health and development • ensuring that children grow up in circumstances consistent with the provision of safe and effective care, and • taking action to enable all children to have the best outcomes There is no specific obligation on an employer who is providing work experience to young people under the age of 18 to introduce a safeguarding policy. You may find useful: • the UK Commission for Employment and Skills (UKCES) guidance for employers offering work experience • the Department for Education (DfE) guidance for education providers on the planning and delivery of 16 to 19 study programmes • DfE statutory guidance: Keeping children safe in education (KCSIE 2019), in particular paragraphs 186–190 The UKCES guidance and the DfE guidance includes the following: • the

Statutory paid holiday entitlement For information on the statutory right to paid holiday generally, see Practice Notes: Holiday and Holiday pay. Under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, a worker is entitled to a total of 5.6 weeks paid annual leave each leave year, made up of: • a basic entitlement of four weeks’ annual leave, implementing the right under Directive 2003/88/EC, the Working Time Directive (WTD) • an additional entitlement of 1.6 weeks’ annual leave, which is a right under domestic legislation only A worker is entitled to be paid a week’s pay for each week of holiday, calculated

Under section 193 of the Trade Union and Labour Relations (Consolidation) Act 1992, an employer must notify the Secretary of State for Business, Energy and Industrial Strategy (BEIS) before any notices of redundancy are issued and, in any case: • where 20 or more dismissals are proposed in a 90-day period, at least 30 days before the

This Q&A relates to the shared parental leave and shared parental pay regime introduced in respect of children who are: • expected to be born on or after 5 April 2015, or • placed for adoption on or after 5 April 2015 The right to shared parental leave allows parents to share (if they wish) up to 50 weeks of leave to which the mother or adopter would otherwise be entitled as shared parental leave. The right to shared parental pay allows the mother and the father (or, as the case may be, the adopter and the adopter's partner) to share up to 37 weeks of the pay that the mother (or adopter) would otherwise be entitled to. In order to be entitled to shared parental leave and pay, the mother and the father (or, as the case may be, the adopter and the adopter's partner) must meet certain eligibility requirements and conditions

Breach of health and safety duties In relation to the health and safety of its employees, an employer may be found liable for a breach of: • the duty to take reasonable care for the health and safety of employees (in tort and in contract) • the Health and Safety at Work etc Act 1974 (HSWA 1974) Failure to take care of employees’ health and safety may also amount to a breach of the implied term of trust and confidence, which may lead to constructive unfair dismissal claims. For further information, see: • Health and safety—overview • Practice Notes: ◦ Safety and the risk to safety under the Health and Safety at Work Act 1974 ◦ Failure to carry out health and safety duties under HSWA 1974—offences ◦ The term of trust

When advertising a position under the resident labour market test (RLMT) a sponsor must keep on file a screenshot of the website from the day the advert first appears, unless the date the advert has been posted is given on the advert in which case

It is unclear whether in this instance the employer: • requires employees to test for coronavirus (COVID-19), or simply encourages them to do so • ‘prefers’ them to test regularly, eg daily or weekly, or only when they have symptoms of coronavirus • requires employees to stay away from the workplace if they test positive, and if so for how long The right to pay and wages Subject to the terms of the contract, there is a duty to pay wages whenever an employee is ready, willing and able to work. If they are ready and willing to work but unable to do so for reasons beyond their control (ie an unavoidable or involuntary impediment), then they are also entitled to be paid. Different considerations apply to a failure to work because of sickness or other circumstances, which may be governed by express or implied contractual

The section: ’Remedies and enforcement’ of Practice Note: The UK GDPR and DPA 2018: key data protection issues for employment lawyers provides an overview of: • the remedies available to an employee whose employer has processed their personal data (or special category data, or criminal offences data) in breach of Assimilated Regulation (EU) 2016/679, UK General Data Protection Regulation (UK GDPR) or the Data Protection Act 2018 (DPA 2018) • the

With effect from 11 November 2021, a person may not enter a CQC-registered care home without evidence either that they have had a complete course of coronavirus (COVID-19) vaccination, or that they should not be vaccinated for clinical reasons, unless they are: • a resident • a friend or relative of a resident • visiting a resident who is dying, or providing comfort or support in relation to a bereaved resident • it is reasonably necessary for them to provide emergency assistance in the premises • attending the premises in the execution of their duties as a member of the emergency services • providing urgent maintenance work in the care home, or • under the age of 18 The person

Generally, it is assumed that the employer and car manufacturer/dealership will enter into a contract for the purchase or hire of the vehicle, on behalf of the employee. The employer will gain title (whether by ownership or rights in the lease/hire agreement with the car provider) to the vehicle. The employer will then permit the employee use of the vehicle in exchange for consideration under the salary sacrifice scheme. Such scheme will either be covered by the employment contract with the employee or a separate agreement. The employee may have the right to purchase the vehicle at the end of a specified term. Before proceeding with any statutory claim relating to faulty goods, it is advisable that the relevant contracts are reviewed as they are likely to contain specific provision as

An employee in England who lives in premises owned by their employer in order to perform their duties as an employee and who has exclusive possession of those premises occupies either as a tenant or as a licensee under a service occupancy (or tied accommodation as it is also known). The distinction is important because, under a service occupancy, the right to terminate arises when the employment ends whereas a tenancy may benefit from security of tenure.