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GLOSSARY
A term that includes employees and also other groups such as agency workers or anyone carrying out work who is not genuinely self-employed.
PRECEDENTS
Monitoring immigration status and preventing illegal employment Evidence of right to work check Format of copy (hard copy or electronic) Type of document Which copy pages have been taken?For a passport or travel document this should be:—front cover (if the copy was taken on between 29 February 2008 and 15 May 2014);—any page(s) containing the photograph, name, date of birth, biometric details, expiry date, nationality or signature; and—if not British or Irish, (or European Economic Area (EEA) or Swiss national before 1 July 2021) and their permission is endorsed in their passport, the page with the stamp confirming the holder's current UK immigration status and any conditions of stay. Does this page have a date of entry to the UK by way of an entry stamp? The date of entry must be between the ‘valid from’ and the ‘valid to’ date on their visaAll other relevant types of right to work document should be copied in full, eg both sides of a Biometric Residence Permit (BRP) (where right to work check taken before
PRACTICE NOTES
When an organisation obtains a sponsor licence it must comply with a number of duties and responsibilities to the Home Office. When it applies for the licence it is declaring that it understands and is capable of complying with all of these. The consequences of failing to comply with the duties can be serious, including the licence being revoked, with a cooling-off period of 12 months imposed before it can apply for a fresh licence, and the permission of existing sponsored employees being cancelled. In some circumstances where there have been repeated breaches, there can be a longer cooling-off periods of 24 months. The details of the sponsor duties and responsibilities are not contained in the Immigration Rules or any legislation, but instead in the Workers and Temporary Workers Sponsor Guidance. In R (New London College Ltd) v Secretary of State for the Home Department (SSHD); R (West London Vocational Training College) v SSHD, the Supreme Court held that the Immigration Act 1971 provides a general statutory
PRECEDENTS
A genuine and trading business? Nature of business • What does your business do, and what sector does it operate in? • Does your business own or have any links to any other businesses? • How has it raised finance to start? • Have you started operating yet, and if so, when? • What is the approximate annual turnover? • What was the approximate profit for the last year? • Do you have any revenue forecasts for the next year/five years? • Do you anticipate the business growing and, if so, by how much? • How do or will you generate your business? • If the business is a company is it registered with Companies House and if so, what is the number? • Is the business registered with HM Revenue & Customs for tax and VAT purposes and do you have evidence of this? • If the business is subject to registration/inspection by a regulatory body, what is the relevant body and what is your number on the register? Premises • Where are your Employer’s Liability Insurance and Health and Safety certificates? • Do you have a copy of the lease? • Do you have the appropriate
PRACTICE NOTES
Sponsor organisations are required to report various changes of circumstances affecting their organisation to the Home Office. How to submit the report and who should do it differs according to the nature of the change. See Practice Note: Downgrading and revocation of Workers and Temporary Workers sponsorship licences for more details on the sanctions that a sponsor can receive for non-compliance with these reporting duties. Changes that must be notified on the Sponsorship Management System The following changes should be reported by the Level 1 user on the 'request changes to licence details' or ‘Manage Level 1 and 2 users’ functions on the Sponsorship Management System (SMS). A Level 2 user cannot do this. All of the listed changes except replacing an authorising officer or key contact must be reported within 20 working days of the relevant circumstance occurring. The Sponsor Guidance states that the Home Office may follow up with a request for evidence of the change. Where a change is reported on the SMS and this is relevant, the request
NEWS
Law360: Proposals for single pension pots for life have cross-generational support from UK workers, according to the results of a survey by a cross-party policy think tank that were published on 26 April 2024.
NEWS
Law360: Workers would get six months rather than three to bring any employment tribunal claims under a proposed amendment to the Employment Rights Bill, a move that a lawyer has said 'strikes the right balance'.
NEWS
Law360: The growing number of young workers changing jobs and moving to different pensions providers has left more than £50bn in UK pension pots 'at risk of being misplaced' in abandoned or lost accounts, according to analysis published on 19 March 2024.
GLOSSARY
Funds used for the general operating requirements of a business.
NEWS
The Working Group on Cosmetic Products (sub-group on borderline products) has released an update to the Borderline Manual on Cosmetic Products which was endorsed 22 November 2024. The revision adds new section 3.3.34 for the inclusion of ‘Products in a vial or ampoule’. It makes clear that a substance or mixture presented in a vial or ampoule is for use by injection then it is a medicinal product. However, if a product presented in vials or ampoules has a cosmetic function (cleaning, perfuming, changing the appearance, protecting, keeping in good condition or correcting body odours of the external parts of the human body or the teeth and the mucous membranes of the oral cavity), it is not intended to be injected, and the instructions for use and its overall presentation clearly inform that the product is for external use only, then such a product could be considered as a cosmetic. A decision on the qualification of the product has to be made by the national competent authorities, on a case-by-case basis, taking into account all the characteristics of the product.
PRECEDENTS
[Print on letterhead of reporting accountants] The Directors [Insert name and address of issuer] and [Insert name and address of nominated adviser] [Insert date] Dear [insert text] [Insert name of issuer]
GLOSSARY
Working capital' in this context means any third party debt of the enlarged offeror group that is required for reasons other than satisfying the cash consideration due under the offer. Panel practice in relation to the acceptability of offer conditions relating to the working capital requirements of the enlarged offeror group after the completion of the offer is set out in Practice Statement 11: Working capital requirements in cash and securities exchange offers.