Category: Blog

Retail chain Wilko has apologised for “some miscommunication” in which it told staff they could continue to work if they tested positive for Covid.

In a memo, reported by The Mirror, the company said staff with the virus could continue to work in stores if they felt well enough to. Wilko confirmed the memo was sent out and the firm has since made a U-turn.

“When we get something wrong, we hold our hands up, admit it, and work to correct the situation,” the firm said. Jerome Saint-Marc, Wilko chief executive, said he wanted to “reassure all our customers and team members” that the company’s advice to staff with Covid symptoms or those who test positive was to stay at home and avoid contact with others.

Although there is no longer a legal obligation for a person with Covid-19 to self-isolate, this is still an area where employers  need to be careful.

Employers still have an obligation to provide a safe working environment, so perhaps not allowing those who they know are unwell to enter their premises. They should also be wary of discrimination claims from the vulnerable if they are being asked to work alongside someone who has Covid-19.

Wilko have, correctly, backtracked on their original advice to staff.

The law in this article is current as of 18 March 2022.

Source: https://www.bbc.co.uk/news/business-60733394

If you have any employment law queries, please do not hesitate to contact David Nathan at dnathan@gscsolicitors.com or on 020 7822 2247.

© 2022 GSC Solicitors LLP. All rights reserved. GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.

 

Application for the Ukrainian Humanitarian Route

News story
Further support for Ukrainians fleeing Russia invasion

Thousands more Ukrainians will be welcomed to the UK as the Government continues its support for Ukraine in their fight against the Russian invasion.

The Prime Minister this morning (March 1) announced an expansion to our Ukrainian Humanitarian Route, which will increase the number of people from Ukraine who are eligible to come to the UK to be reunited with their families.

As well as immediate family members, British nationals and people of any nationality settled in the UK will now be supported to bring parents, grandparents, adult children and siblings to the UK. British nationals and people settled in the UK will be able to bring extended family members to the UK and sponsored humanitarian visa route will be established.

Assistance available to Ukrainian family members of British nationals and family members of Ukrainian residents in the UK.

The new changes will allow the arrival of Ukrainian immediate family members of families of British citizens and people living in the UK:

Who are considered to be the immediate family members?

  • Spouse/Unmarried partner
  • Children below 18 y/o
  • Parents
  • Grandparents
  • Adult offspring above 18 y/o
  • Siblings and their immediate family members
  • a full-time relative you look after, who lives with you due to health

NO APPLICATION FEE

NO English language and salary requirements

People who successfully apply under this scheme will be granted an initial leave of 12 months.

If you meet the requirements and want your relatives to join you, please contact the hotline and apply.

You will be informed if you qualify to apply. You will also be given the information on how to submit the free application.

Telephone: +44 300 3032785 – select option 1 (0300 3032785 if you’re in the UK – select option 1)

Lines are open 24 hours a day 7 days a week.

This is a free phone number, but network charges may still apply.

Once you apply, you need to contact a visa centre in the neighbouring country to register biometric data after applying.

Visa centres where you can submit biometric data:

  • Poland- An additional visa centre has been created in Zhešuví, Poland.
  • Moldova
  • Hungary

Basic security checks will be carried out, taking into account Russia’s offensive actions regarding infiltration into Ukraine, but the UKVI will continue to accelerate this process and consider applications as soon as possible.

UKVI aims to process these applications within 24 hours from the date when the applicant registers his biometric information.

For any questions or assistance please do not hesitate to contact us directly on +44(0) 207 8222222 or get in touch with our Immigration experts, Hateem Ali on hali@gscsolicitors.com or +44(0)207 822 2209, or Shareena Rahman on srahman@gscsolicitors.com or +44(0)207 822 2222.

© 2022 GSC Solicitors LLP. All rights reserved.  GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.

Source: https://www.gov.uk/government/news/further-support-for-ukrainians-fleeing-russia-invasion

 

Advice on working from home lifted – what employers need to consider

Home working advice to end but do Brits want to return?
Boris Johnson has confirmed that Plan B restrictions, including compulsory mask wearing and work from home advice have come to an end as positive case data further indicates that the UK is finally coming to the end of the Coronavirus pandemic and entering into what scientists call “endemic” disease.

However, while this may be welcomed by sections of the workforce keen to get back to ‘normal’, significant issues remain – with the ONS indicating that job to job moves are at a record high, driven by resignations, not dismissals. Consultancy and accounting disruptors, Theta Global Advisors reveal landmark research shows that more than half (51%) of British workers have worked better from home, and 41% believe a rush back to the office is a poor strategy choice on the part of their management teams.

It has been a challenging time for the economy over the past 2 years, and the government is keen to see a return to normality.

Even though the recently imposed Plan B  advice on working from home has been lifted, not all employees would like to go back to the pre-Covid position of being in the office 5 days a week as “ 40% of Brits agree that given their experience over the last two years, their employer forcing a strict return to pre-pandemic office norms would hinder their performance”

Although an employment contract may say that staff are required to be in the office full time, from a staff morale and productivity point of view, these findings should be taken into account. Also, in the past two years, it has become more common for employment contracts to allow staff to work from home, and if an employment contract does allow for that, an employer will need to carefully consider how the return to the office is to be managed.

The law in this article is current as of 20 January 2022.

If you have any employment law queries, please do not hesitate to contact David Nathan at dnathan@gscsolicitors.com or on 020 7822 2247.

https://bit.ly/33USlxK

© 2022 GSC Solicitors LLP. All rights reserved. GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.

 

 

Stamp Duty Tax increase in the past 25 years

25 years of stamp duty – homebuyers see 490% tax cost increase

The latest property market analysis that has been conducted by Benham and Reeves, a London estate agent, has revealed that that the average SDLT bill for the average homebuyer across the United Kingdom over the last 25 years has increased by 490%.

The increase is mainly due to the property boom and with the stamp duty holiday having ended on 30 September 2021, the cost of stamp duty has now never been higher. Further the legislation surrounding SDLT over the last few years has meant that the it has never been more complicated to calculate the rate of tax. For example, the introduction of surcharges for non-residents, first time buyer discounts and second-home buyer surcharge.

If you have any questions, please do not hesitate to contact James Cohen directly on jcohen@gscsolicitors.com or 0207 822 2257.

© 2021 GSC Solicitors LLP. All rights reserved.  GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.

https://bit.ly/3naao8W

UK Home Office turns down Nawaz Sharif’s stay extension request

LONDON: Former Prime Minister Nawaz Sharif’s visa to the United Kingdom remains valid but his application for extension in stay has been turned down by the Home Office with the right to appeal against the Home Office decision.

Hussain Nawaz Sharif confirmed here that Nawaz Sharif’s extension in stay application has been rejected but an appeal has already been lodged at the Immigration Tribunal.

GSC’s Head of Corporate & Private Immigration Hateem Ali was asked by geo.tv to comment on the situation:

Hateem Ali, a leading UK immigration solicitor from GSC Solicitors LLP said: “if the previous visit visa extensions were on the basis of medical grounds (which seems to be the case here) then typically you can keep extending for a total of 18 months. In this particular case it would appear that the Home Office were no longer willing to keep extending on that basis. 

He added: “If the latest application for an extension has been refused with a full right to appeal the entire appeal process can potentially take anything between 9 months to over 20 months to be decided by the Immigration tribunal in the UK. This period does not even take into account any potential subsequent judicial review once all appeal rights have been exhausted.

“So although Mr. Nawaz Sharif has been refused it is not necessarily the end of the process.”

Sources: https://www.geo.tv/latest/363722-home-office-turns-downs-nawaz-sharifs-stay-extension-request-but-visa-valid 

© 2021 GSC Solicitors LLP. All rights reserved. GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.

 

New Building Safety Bill

Government introduces controversial Building Safety Bill today in Parliament

The legislation, which has to be approved by MPs, will bring in far-reaching changes to the way residential towers are built and managed.

The government is introducing Building Safety Bill in Parliament today that will usher in far-reaching reforms for the way residential towers are built and managed.

The Ministry of Housing, Communities & Local Government has now published the new Building Safety Bill which reforms building safety regulation.

This is a new regime for building safety regulation and with the aim of giving greater powers to residents in high rise residential buildings to bring claims for defective workmanship.

A new Building Safety Regulator will have responsibility for overseeing the new regime.

If you have been affected by the new change in law, or would like to find out more, please do not hesitate to contact Carole Joseph directly on: cjoseph@gscsolicitors.com or 0207 822 2222.

Source: https://thenegotiator.co.uk/government-introduces-controversial-building-safety-bill-today-in-parliament/ 

© 2021 GSC Solicitors LLP. All rights reserved. GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.

 

Furlough ending on 30th September: Keeping good lines of communication

There will be a ‘bloodbath of redundancies when furlough support starts to reduce’
UK chancellor Rishi Sunak will not extend the furlough scheme which could lead to a “bloodbath of redundancies” and with the benefits that are on offer pre-Covid many people are reluctant to go back to work.

Currently, the furlough scheme is due to end on 30 September, by which time, according to the government roadmap, all social distancing restrictions will be lifted. So, it will be a return to a time of “pre-covid normality”. Although it won’t be as the world has changed since March 2020.

Looking forward, for both employers and employees, the key concepts to bear in mind are planning and good communication.

If you are an employer and you have staff on furlough, start considering now what you think your workforce will look like in the autumn. If it is going to be smaller as a result of redundancies,  bear in mind that the redundancy process takes time and can be complicated (you should not undertake a redundancy process before getting proper legal advice).

If you are an employee on furlough and you think that you might be made redundant when furlough ends, there is no harm in seeing what else is out there.

Keeping good lines of communication open is important so as to reduce misunderstandings and allow parties to better plan for the future.

If you have any employment law queries, please do not hesitate to contact David Nathan at dnathan@gscsolicitors.com or on 020 7822 2247.

https://bit.ly/2TxIecS

© 2021 GSC Solicitors LLP. All rights reserved. GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.

 

Eviction ban lifted – what does it mean for you

warrant 6th july

About 400,000 renters have had eviction notices or been told to expect them, the Joseph Rowntree Foundation says. One renter in arrears told the BBC his landlord has “the power to just flick their finger and get me out”.

But a landlord said she had struggled to pay her mortgage while her tenant was not paying rent. The government said it was balancing the needs of landlords to use the courts with support for tenants by continuing to require extended notice periods.

During the pandemic, bailiffs were asked not to carry out evictions if anyone living in the property had Covid-19 symptoms or was self-isolating. Eviction notice periods were extended to six months as an emergency measure during the pandemic – but will drop to four months from 1 June. Before the pandemic, notice periods were usually two months in England.

‘The main reaction is that the gloves are off but expect delays, because there will be a severe backlog’, says Head of Litigation & Dispute Resolution, Michael Shapiro.

He continues, ‘Landlords should be cautious when deciding to evict tenants because they may find it difficult to re-let rather than accept the loss of the arrears, or come into arrangement with the tenant for the arrears to be paid over time, whilst allowing the tenant to remain in the property and paying their ongoing rent in full.’

If you have been affected by the new change in law, please do not hesitate to contact Michael Shapiro directly on: mshapiro@gscsolicitors.com or 0207 822 2246.

© 2021 GSC Solicitors LLP. All rights reserved. GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.

Source: https://www.bbc.co.uk/news/education-57262181 

Government proposal for rolling in-year self-employed tax system

The Association of Independent Professionals and the Self-Employed (IPSE), has responded to the government’s call for evidence on a new tax system for the self-employed. This system would replace annual self-assessment tax returns with a rolling in-year system. IPSE has said that although it welcomes the government’s concern with the tax experience of freelancers, there are still “unanswered questions” about the proposal that must be explored.

“First, many self-employed people’s incomes fluctuate substantially throughout the year – and while the current annual system accounts for these and ensures self-employed people pay the right rate, it is not clear how this would work with rolling in-year taxes. It is also not yet clear how this would work with late payments – which are a substantial problem for the self-employed.

Over the last decade there has been a rapid increase in the UK’s workforce working through their own businesses and becoming self-employed for many different reasons.

However, there are reports that the Treasury lose out on a significant amount of tax when you compare an employee doing the same work as a self-employed person, working on their own or through their own limited company.

What is the argument? The Treasury are losing out on tax as the self-employed are not subject to employer’s National insurance Contributions (NIC’s) as an employee’s income would.

The Chancellor is now trying to rebalance the loss of tax due to the continued increase of UK workforce working as self-employed.

Rolling out this new tax system is the best strategy to do this, as it seems. Whether this will work or not, only time will tell. No doubt that such an overhaul of the system will be extremely costly in itself.

If you have any questions, please do not hesitate to contact James Cohen directly on jcohen@gscsolicitors.com or 0207 822 2257.

© 2021 GSC Solicitors LLP. All rights reserved.  GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.

https://bit.ly/3d6ZiN7

UK’s Supreme Court: Uber drivers must be treated as workers

Uber drivers must be treated as workers rather than self-employed, the UK’s Supreme Court has ruled.

The decision could mean thousands of Uber drivers are entitled to minimum wage and holiday pay. The ruling could leave the ride-hailing app facing a hefty compensation bill, and have wider consequences for the gig economy. Uber said the ruling centred on a small number of drivers and it had since made changes to its business. In a long-running legal battle, Uber had finally appealed to the Supreme Court after losing three earlier rounds. Uber’s share price dipped as US trading began on Friday as investors grappled with what impact the London ruling could have on the firm’s business model. It is being challenged by its drivers in multiple countries over whether they should be classed as workers or self-employed. Last week the Supreme Court ordered that Uber drivers are not self-employed, rather they are workers.

This will have implications not only for Uber, but for the wider gig economy, which accounts for millions of people.

By being classed as a worker, rather than someone who is self-employed, an Uber driver will now be entitled to certain legal protections such as protection from discrimination and rights to rest periods.

The court also highlighted that in determining someone’s status, a tribunal should examine what is actually happening in the relationship and not just what is stated in any documentation.

So, calling someone self-employed in an agreement will not help if,  in reality, that person is a worker.

It is important, that employers review their contracts to ensure that they are accurate.

The law in this article is correct as of 23 February 2021.

If you have any employment law queries, please do not hesitate to contact David Nathan at dnathan@gscsolicitors.com or on 020 7822 2247.

© 2021 GSC Solicitors LLP. All rights reserved. GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.