Employment Law

Amongst other new obligations, it brings into sharper focus an issue that employment lawyers have long recognised: good employment practice and sponsor compliance are not mutually exclusive. For UK businesses, the two are now expressly linked.

The March 2025 updates to the sponsor guidance (Part 1, paragraphs L2.6 and L2.7, and Appendix D, paragraph 5(l)) require sponsors (employers) to inform sponsored workers of their UK employment rights— and to keep evidence of this. The Home Office has made  it clear: this duty goes beyond issuing a written statement of employment particulars under section 1 of the Employment Rights Act 1996. Sponsors must ensure that workers genuinely understand all their UK employment law rights.

What does that actually mean?

 

Core Employment Law Obligations

UK employment law is contained within multiple statutes, spanning across various legislation, and several obligations are relevant here:

 

1. Written Statement of Employment Particulars — Employment Rights Act 1996, s.1

Employers must provide all employees and workers with a written statement of their principal employment terms on or before their first working day, including pay, hours, holiday entitlement, notice periods, job title and workplace, among others. This is a day-one right. For sponsored workers, issuing a compliant written statement is the minimum.

 

2. Health and Safety Policy — Health and Safety at Work etc. Act 1974, s.2(3)

Employers with five or more employees must have a written health and safety policy and must bring it to the attention of their workforce. Simply making this information available (e.g. on an intranet) isn’t sufficient. For sponsored workers less familiar with UK workplace norms, active communication of this policy is key—for compliance and workers’ understanding.

 

3. Right to Join a Trade Union — Trade Union and Labour Relations (Consolidation) Act 1992, s.136A

Employers must provide workers with a written statement confirming their right to join a trade union. This can be incorporated into the written statement of particulars or issued separately. For sponsored workers arriving from jurisdictions where trade union membership is not recognised, their right may not be self-evident.

 

What Should Employers Do to ensure compliance?

The Home Office does not prescribe a single process. However, given the requirement to retain evidence of how this duty has been discharged (Appendix D, paragraph 5(l)), a structured and documented approach is essential.

 

Employers should consider:

• Reviewing onboarding processes to ensure it actively communicates employment rights, (as opposed to it being buried in offer packs or online portals).
• Updating written statements to ensure strict compliance with s.1 ERA 1996 requirements, including the trade union statement under TULRCA 1992.
• Producing clear employment rights summaries —as a standalone document, a section in the staff handbook, or a well-structured onboarding email —signposting key rights & accessible resources (i.e. the Acas website and government guidance).
• Ensuring health and safety policies are actively communicated at induction, retaining signed acknowledgement on file.
• Retaining evidence of delivery — for example, signed acknowledgements, email records, or onboarding checklists — so that compliance can be demonstrated in the event of Home Office audits or compliance visits.

The Home Office sets out a broad but not exhaustive evidential framework (Appendix D, paragraph 5(l)). The key point is that sponsored workers must be informed of their rights, not merely that paperwork has been filed.

 

Why This Matters for Businesses

Failure to comply with sponsor duties – including this record-keeping requirement – can result in a downgrade of the sponsor licence rating or, even, licence suspension or revocation. Therefore, cutting corners is not a viable strategy.

Equally, the employment law obligations underpinning this duty are not new. Section 1 ERA 1996 stipulates an employee’s right to bring tribunal claims for failure to provide a compliant written statement, and tribunals can award additional compensation where this is found alongside another claims. Getting this right protects the business on both fronts.

 

Immigration law updates

Other immigration changes to sponsor obligations include

 

1. Salary minimums to be paid monthly

From 8 April 2026, a worker must be paid the required salary or above for sponsorship in monthly or less frequent pay periods, or as otherwise specified in their contract. Salary must meet the going rate for the occupation code each hour worked during each pay period and the average salary must meet the required amount across any three-month period for monthly or less frequent pay periods, or in any 12-week period in more frequent pay periods (rather than over a year as was previously the case).

The rule is coinciding with the UKVI expanding its data sharing with the HMRC. Therefore, the main goal is to allow UKVI to assess whether a worker is being paid enough more quickly, including the fact that they do not need to wait to see if it averages out over a year.

We therefore suggest the employers to check their payment patterns and to ensure that all sponsored employees’ pay is meeting their minimum salary threshold as stated in their Certificate of Sponsorship.

 

2. Expansion of right to work obligations

The sponsor guidance has been updated in a way which materially widens the expected scope of right to work checks. It now indicates that sponsors must carry out checks where they are employing or engaging a worker, whether sponsored or not. On its face, this appears to extend the obligation beyond direct employees and into wider working arrangements, including, potentially, self-employed contractors, secondees and other non-traditional engagements.

This is a significant development. Many sponsors will not historically have undertaken right to work checks on self-employed individuals, because the current illegal working regime is generally framed around employment and does not require a statutory excuse to be established in those cases. The March 2026 sponsor guidance nevertheless now makes clear that, where a sponsored worker is engaged in a genuine self-employed capacity, sponsors must still carry out and retain evidence of right to work checks for sponsorship purposes. this is broadly in line with the government’s earlier consultation and policy direction on expanding right to work checks beyond traditional employment.

At present, however, the precise scope of this change remains uncertain. The term engaging is not defined in the sponsor guidance or the Rules, and that creates obvious ambiguity for sponsors using contingent labour or other indirect models. Pending further guidance, the prudent approach is to carry out right to work checks for all individuals providing services to the business where there is any realistic risk that the arrangement could fall within scope, including self-employed contractors, secondees and similar categories. That will not eliminate risk entirely, particularly as the position for genuinely self-employed workers sits awkwardly with the current statutory illegal working framework, but it is the clearest available mitigation against compliance action and potential licence revocation.

 

3. Duty to read sponsor guidance in full

Sponsors are now expected to take a far more active role in monitoring and understanding their compliance obligations. UKVI makes clear that sponsors must read, in full, the guidance relevant to their licence, including Parts 1, 2 and 3 of the sponsor guidance, the relevant appendices, the route-specific guidance and the glossary, and must remain aware of any updates made to those documents over time.

For Skilled Worker sponsors alone, this material runs to several hundred pages, with further guidance required where additional routes are held on the licence. Although our previous advice will have distilled the key obligations and reflected the position at the time it was provided, UKVI now places the responsibility squarely on sponsors to remain familiar with the source guidance itself and with any changes introduced, often at short notice.

In practical terms, this means ensuring that your Level 1 User logs into the Sponsor Management System at least monthly to review the message board for relevant updates, and that this forms part of your regular compliance process. Given the volume of material and the frequency with which the guidance changes, this is an area where many sponsors would benefit from structured support. We therefore recommend periodic training for HR teams, key personnel and operational stakeholders on current sponsor duties and wider UK immigration compliance obligations.

 

Recommended next steps

These changes increase the compliance burden on sponsors and make robust internal processes more important than ever. Sponsors should consider an immediate review of their employment law obligations, right to work check procedures, sponsor obligations, including whether current processes adequately cover all relevant categories of worker and whether actual pay is being monitored across pay periods, rather than relying solely on contractual salary.

It would also be sensible to review employment contracts, policies, handbooks and worker communications to ensure these reflect current immigration and sponsorship requirements.

We can support with targeted training on current sponsor duties and wider UK immigration compliance obligations, as well as sponsor licence health checks and broader compliance audits, to help identify gaps and reduce risk.

Please contact your relevant contact at Sherrards to enquire about this, or contact our Employment & Immigration team.

This article has been collaboratively written by Nelli Shevchenko, Senior Associate, Emma Peacock, Partner, and Ella Newman, Trainee, all in our Employment & Immigration team, bringing together combined expertise across both disciplines to provide a practical, joined-up perspective on these changes.

 

The Government estimates that more than 15 million workers will benefit from strengthened rights, including changes to sick pay, family leave and protections for those in insecure work. For employers, the focus now turns to understanding what is coming and when.

Key Changes for Employers

Most of the Act’s provisions will be brought into force in stages across 2026 and 2027. While this gives employers time to prepare, it also means planning ahead to avoid last minute compliance issues.

1. Unfair Dismissal Rights (from January 2027)

One of the most significant changes relates to unfair dismissal:

• the current two year qualifying period will be reduced to six months
• the cap on unfair dismissal compensation will be removed, increasing potential exposure

As a result, employers will need to ensure dismissal decisions are fair, well documented and defensible at a much earlier stage of employment.

2. Enhanced Day-One Rights (Some Already Confirmed)

Several rights will apply from the start of employment, including:

• statutory sick pay payable from day one of sickness, with the lower earnings limit removed
• entitlement to paternity leave and unpaid parental leave
• a new statutory right to bereavement leave

These changes will affect absence management, payroll processes and workforce planning.

3. Zero-Hours Contracts and Flexible Work (2027)

The Act includes stronger protections for workers on zero-hours contracts, including rights to contracts reflecting actual hours worked and compensation for short-notice cancellations.

Meanwhile, flexible working is expected to be promoted further, with future policy consultations anticipated to strengthen employee rights in this area.

4. Trade Union and Industrial Relations Duties (October 2026)

Employers will be required to provide information about trade union rights as part of employment documentation and on an ongoing basis. This forms part of a broader shift towards increased employee engagement and transparency.

Implementation Milestones

Date	Key Changes
Dec 2025	Royal Assent & repeal of Strikes (Minimum Service Levels) Act 2023
Feb 2026	Industrial action protections
Apr 2026	SSP Reform, Fair Work Agency, day-one family rights, trade union changes, whistleblowing expansion
Oct 2026	Fire and rehire limits, extended tribunal limits, enhanced union and harassment protections
Jan 2027	Unfair dismissal qualifying period cut to six months and uncapped awards
Throughout 2027	Zero-hours protections, bereavement leave, further flexible working and redundancy reforms

 

What Employers Should Do Now

• Review policies and contracts – Start auditing existing documentation so changes can be implemented in a planned and proportionate way.
• Train managers – Many of the reforms will affect day to day decision making, particularly around dismissal, absence and flexible working. Manager training will be key.
• Communicate with staff – Clear and timely communication helps manage expectations and supports positive employee relations as new rights come into force.
• Assess risk and exposure – With uncapped unfair dismissal awards on the horizon, employers should review how decisions are recorded and how risk is managed across the business.

The Employment Rights Act 2025 signals a clear shift towards stronger employee protections. Employers who act early will be better placed to manage risk and adapt their people practices with confidence.

If you would like support preparing for these reforms or updating your policies, please get in touch with Sherrards’ Employment & Immigration team.

At the forefront of Sherrards’ Immigration and Global Mobility practice is Nelli Shevchenko, a Senior Associate based in the London office, whose strategic advice is helping businesses worldwide navigate the complex world of international mobility with clarity, confidence, and compliance.

A Decade of Specialist Expertise

With over ten years of experience in UK immigration law, Nelli has advised a diverse range of clients – from large multinational corporations and US law firms to individual entrepreneurs and creative professionals. Before joining Sherrards, she headed the UK corporate immigration department of a US law firm, bringing a sharp transatlantic perspective to her practice.

At Sherrards, Nelli plays a pivotal role in the Employment and Immigration team, offering businesses, family offices and individuals immigration advice. She provides hands-on support for Skilled Worker visas, Global Business Mobility visas, sponsor licence applications, and UK right-to-work compliance. Following Brexit, Nelli has also been supporting businesses on their EU–UK operations, advising on the movement of personnel across borders and helping companies adapt to the new regulatory landscape. Her private practice areas include complex family or British nationality matters. She is also renowned for her work on Global Talent visa applications for leaders in digital technology, and the arts and sciences. 

When to Contact Sherrards’ Immigration Practice

The Sherrards Immigration team provides comprehensive UK immigration advice tailored to both businesses and individuals. Clients typically reach out to the team in the following scenarios:

• Hiring foreign nationals or relocating existing employees
• Senior executive or leadership assignments
• Relocating to the UK for family or personal reasons
• Starting or expanding a business presence in the UK
• Investing in UK businesses or entrepreneurship pathways
• Sending children to the UK for education, from school through to university
• Navigating complex right to stay, settlement or British nationality applications, including discretionary and historic entitlement claims

No matter the size or scope of the requirement, Sherrards offers proactive, strategic advice and practical solutions that allow clients to focus on their goals while remaining compliant with ever-changing immigration rules.

Leading Sherrards’ Global Mobility vision – Meet the Team

As the lead of Sherrards’ Global Mobility practice, Nelli has built strong relationships with immigration professionals across 87 countries. Her work focuses not only on supporting UK-bound talent but also on enabling businesses to expand and operate seamlessly across jurisdictions. From securing work permits to advising on business visitor visas and facilitating cross-border moves, Nelli and her team offer tailor, end-to-end immigration support.

Sherrards’ growing global network is especially active in the US and China, where firms’ international reach continues to expand. Through a dedicated China Desk, the firm supports businesses engaged with the Chinese market, providing region-specific immigration insight and compliance strategies that align with business goals and local regulations. Christine Wang is working alongside Nelli and provides dedicated support to Chinese clients.

Sherrards’ immigration practice is underpinned by a collaborative, client-focused team. Alongside Nelli, the team includes:

• Christine Wang, Solicitor, brings cross-cultural expertise and deep knowledge of UK immigration processes with a focus on Chinese speaking clients.
• Anna Gorna, Legal Executive, provides detailed legal support and operational insight.

From startups to multinational enterprises, Sherrards’ tailored service model ensures that clients remain agile, compliant, and future-ready.

Meet Nelli at the AILA Global Migration Forum

In June 2025, Nelli will be attending the American Immigration Lawyers Association (AILA) Global Migration Section (GMS) Annual Global Immigration Forum in Denver, Colorado. The event – hosted in the majestic setting of the Rocky Mountains – promises to be a key gathering of global immigration leaders exploring pressing issues in the world of international mobility.

If you’re attending the AILA GMS Forum or are in Denver, CA from 21–23 June 2025, reach out to Nelli to connect and share insights on the latest developments in global immigration. Whether you’re navigating new compliance rules, seeking to expand overseas, or simply want to exchange ideas with fellow practitioners, Nelli would be delighted to meet you.

📧 Email: ns@sherrards.com

🔗 LinkedIn: https://www.linkedin.com/in/nelli-shevchenko/

the need for properly carrying out right to work checks. Indeed, the latest data for 2025 show that enforcement this January was up by 73% compared with January 2024.

For a first offence, employers can face penalties of £45,000 per illegal worker. This amount can reach £60,000 per illegal worker for subsequent offences. Relevant individuals and company directors can also face criminal sanctions of up to five years imprisonment and/or an unlimited fine. And, beyond penalties, failing compliance can harm your company’s reputation and disrupt your operations.

The high level of fines can bankrupt smaller to mid-size businesses, so HR compliance becomes even more crucial.

In the second of our two-part series on UK immigration and employment compliance, we focus on getting right to work compliance right – and avoiding costly penalties and reputational damage

Who needs to do the right to work checks?

A common misunderstanding is that right to work checks only apply to employers hiring foreign nationals. This is incorrect. UK law requires all employers to conduct these checks for every employee, regardless of nationality, to prevent illegal employment.

Notably, since September 2024, the UKVI has been encouraging businesses to carry out right to work checks beyond directly employed staff and extending it to self-employed contractors (and any substitute workers) and agency workers. One of the strongest reasons to do this is to avoid reputational damage.

Businesses with a UKVI Sponsor Licence face more rigorous requirements and greater scrutiny from immigration authorities. If your business has such a licence, you must demonstrate meticulous compliance procedures and maintain detailed, accurate records to pass regular audits. Otherwise, you can lose your licence and put your sponsored population at risk.

Conducting the checks

You must complete right to work checks before an employee starts work.

These checks cannot be delayed until after an employee has started their first working day. If someone cannot immediately show proof of their UK right to work, they must not be allowed to begin work until they can produce the correct documentation.

Employers must follow simple three steps:

1. request original documents from the UKVI’s approved list in appropriate format
2. inspect these documents carefully, verify their authenticity, and ensure they match the individual’s identity
3. clearly record the date of the check and keep secure copies of these documents throughout employment and for two years after employment ends.

If a document or online verification shows the right to work is temporary, you must set reminders to perform follow-up checks before that expiry date. This helps maintain compliance and avoids penalties.

If your right to work check complies fully with current guidance and legislation, your business has a “statutory excuse”. This provides protection against penalties if an employee is later found to be working illegally, provided you’ve conducted proper follow-up checks as required.

Accurate and accessible record-keeping is vital. Your records should include copies of all relevant documentation, digital verification results, and clear notes on who carried out each check and when. Having a record of a right to work check can be decisive in an event of illegal working instance and help the business avoid penalties.

Identifying potential problems

If your company is involved in a transfer of staff under TUPE regulations, additional right to work checks might be necessary for the new employees.

If the company uses an Identity Service Provider (IDSP) for their checks, they must remember that this does not discharge their duties from record keeping and identity check. Moreover, an IDSP can be expressly used for right to work checks of British or Irish citizens with a valid passport only. It is not possible to establish a statutory excuse against liability for a civil penalty if the check via manual document-based check or online service was done by an IDSP. The company must ensure they are doing those checks and also checking the IDPS results, or they can be liable for a penalty.

If you discover an employee no longer holds the right to work in the UK, you are usually required by law to stop employing them immediately. Although this protects you from unfair dismissal claims, such dismissals must be carefully managed according to employment law. You should seek professional advice to avoid discrimination claims and ensure legal compliance.

In case of any doubt regarding an individual’s documentation, do not allow them to start work until you are certain of their legal status. The UKVI Employer Checking Service can provide assistance if required. If unsure, immediately seek advice from your immigration advisor.

In an event of an audit from the UKVI enforcement team, employers can potentially reduce penalties if they clearly demonstrate:

• consistent and robust right to work checking procedures
• regular documented training for staff performing checks
• prompt corrective actions in response to any identified issues

Additionally, cooperation during audits and proactively addressing compliance issues may help mitigate penalties.

Conclusion

Effective UK right to work checks, accurate record-keeping, and vigilant monitoring are critical to avoiding significant fines, legal issues, and reputational damage. Businesses, especially those with a UK Sponsor Licence, must maintain high compliance standards to ensure smooth and successful operations in the current regulatory environment.

To find out more contact our Employment & Immigration team here. 

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In early January, Senior Associate Nelli Shevchenko became the newest member of our team, following Solicitor Christine Wang, who joined us in November 2024. These recent appointments strengthen Sherrards’ legal expertise and capabilities, ensuring our clients continue to receive the highest standard of service in the dynamic field of UK immigration law.

A Warm Welcome to Nelli Shevchenko

Bringing over 10 years of experience from London’s leading immigration law firms, Nelli’s extensive expertise spans both corporate and private UK immigration matters, advising a wide range of clients from large multinational corporations to small entrepreneurs. Coming from a US law firm, she has a deep knowledge of the US market, including managing UK immigration matters for US corporations undergoing restructuring. Nelli’s other specialist sectors include digital technology, arts, financial and consulting services, bio and life sciences, manufacturing etc.

Throughout her distinguished career, Nelli has supported high-profile clients with their  immigration needs applying compassion and sensitivity required for each case and has developed a deep understanding of UK immigration law’s complexities. Nelli’s arrival marks a significant enhancement of Sherrards’ ability to provide bespoke, innovative immigration solutions to meet diverse client needs.

Nelli commented “I’m excited to bring my experience to Sherrards, where our team will focus on developing clear practical and innovative solutions while maintaining the personal touch that complex UK immigration matters demand.”

Ongoing Growth Strategy

These appointments reflect Sherrards’ commitment to expanding its legal expertise and reinforcing its Employment & Immigration Practice as a core service area. By investing in top-tier talent, we aim to deliver unparalleled support to businesses, entrepreneurs, and individuals navigating the UK’s immigration landscape.

“I am delighted to welcome Nelli and Christine to Sherrards”, said Mark Fellows, Head of Employment and Immigration. “Their impressive track records and expertise aligns perfectly with our mission to support our clients in this vital area of law, and to provide commercial and strategic advice to help clients achieve their desired outcomes. The expansion of the Employment and Immigration practice reflects our ongoing commitment to growth, and I am thrilled that we have Nelli and Christine on board to help us deliver on that commitment.”

 

 

The festive season is fast approaching, bringing with it workplace parties, social gatherings, and increased customer interactions. While this time of year offers opportunities for celebration, it also heightens the risk of incidents that could lead to complaints of inappropriate behaviour. Employers must remain vigilant to ensure that they meet their new legal obligations during this busy period.

Key Features of the New Legislation

Employers are now required to:

1. Implement and enforce clear anti-harassment policies that explicitly cover interactions with third parties.
2. Provide regular training to all employees, including those in customer-facing roles, to ensure they understand the standards of behaviour expected in the workplace.
3. Take swift and appropriate action when incidents of harassment are reported, regardless of the perpetrator’s relationship to the company.

Failure to comply with these obligations can lead to claims at employment tribunals and enforcement action by the Equality and Human Rights Commission (EHRC), with compensation potentially increased by 25% for non-compliance.

EHRC Guidance and Seasonal Considerations

The EHRC guidance provides a framework for compliance, emphasising risk assessments, clear reporting mechanisms, and support for victims. During the festive period, employers should pay particular attention to:

• Workplace Events: Ensure that all staff are aware of the expected standards of behaviour at holiday parties and similar gatherings.
• Customer-Facing Roles: Provide additional guidance and support to employees in customer-facing positions, as interactions may increase during the holiday shopping rush.
• Alcohol-Related Incidents: Be prepared to address behaviour that may arise from the consumption of alcohol at workplace events.

Practical Steps for Employers During the Festive Season

Employers can take the following actions to mitigate risks and foster a respectful environment during the holidays:

1. Review Policies: Update anti-harassment policies to explicitly cover workplace events and third-party interactions. Share these policies with staff before the holiday season.
2. Deliver Targeted Training: Provide refresher training focused on maintaining professional behaviour at work events and when interacting with customers, clients, or suppliers.
3. Set Boundaries for Social Events: Clearly communicate the code of conduct for workplace gatherings and ensure that managers are equipped to intervene if issues arise.
4. Enhance Reporting Procedures: Remind employees of the available channels for reporting harassment and ensure they feel confident that reports will be handled sensitively and effectively.
5. Monitor and Act Promptly: Keep a watchful eye on workplace dynamics during the festive season. Take immediate action if any incidents are reported, demonstrating a commitment to a safe and respectful workplace.
6. Engage with Third Parties: Where possible, remind clients and suppliers of your anti-harassment standards and include relevant clauses in contracts to reinforce these expectations.

Creating a Safe and Festive Environment

By taking these steps, employers can ensure the holiday season remains a time of celebration rather than one of risk. The new legal framework is an opportunity to reinforce a culture of respect and safety in the workplace, demonstrating that your organisation is not only compliant but also proactive in addressing issues.

If you need assistance in implementing these measures or understanding the implications of the new rules, contact the Sherrards employment law team for tailored advice.

To read the Worker Protection (Amendment of Equality Act 2010) 2023, click here. 

Set to come into force around September 2024, this legislation grants workers, especially those in atypical employment like temporary or zero-hour contracts, the right to request more predictable working patterns.

The Act is designed to address the challenges faced by individuals in precarious work arrangements, where the unpredictability of hours and income can create significant personal and financial insecurity.

Key elements of the Act include:

1. Eligibility: Workers need to have at least 26 weeks of service to be eligible to make a request for a predictable work pattern.
2. Request Limitations: Workers are permitted to make up to two requests within a 12-month period, covering aspects such as work hours, days, and contract lengths.
3. Employer Response: Employers must address these requests within a month and can decline them based on specific grounds such as additional costs, impact on customer demand, insufficient work during the requested times, and planned structural changes.

Implications for Employers

For employers, the Act represents a significant shift in the management of workforce flexibility. It underscores the importance of careful workforce planning and the need to establish clear, transparent procedures for handling requests under the new law.

Employers will need to prepare for an increase in formal requests for more predictable working arrangements. This preparation may involve reviewing and, where necessary, revising current employment contracts, policies, and procedures to ensure compliance with the new legal framework. Additionally, employers should consider the potential impact on business operations, particularly in sectors that traditionally rely on flexible or irregular working patterns, such as hospitality, retail, and logistics.

The Act also introduces potential liabilities for employers who fail to comply with the new requirements. As with other employment rights, failure to handle requests appropriately or to provide sufficient reasons for a refusal could result in tribunal claims, with associated reputational and financial risks.

Next Steps and Recommendations

With the secondary regulations expected to come into force next month, employers should take proactive steps to ensure they are fully prepared for the changes. Key actions include:

1. Reviewing Employment Contracts: Ensure that current contracts reflect the new rights and obligations under the Act, and consider how predictable working terms could be accommodated.
2. Updating Policies and Procedures: Establish clear, consistent procedures for handling requests, including training managers and HR personnel on how to assess and respond to requests fairly and lawfully.
3. Assessing Workforce Planning Needs: Evaluate how increased predictability might affect business operations and consider adjustments to workforce planning strategies to maintain flexibility while complying with the new requirements.
4. Communication with Employees: Clearly communicate the new rights and processes to employees, ensuring they understand their rights under the Act and how to make a request.

Sherrards Solicitors LLP is well-equipped to assist employers in navigating these changes. Our employment law specialists are on hand to provide guidance on compliance, workforce planning, and dispute resolution, ensuring that your business is prepared for the implementation of this significant legislation.

For more information or to discuss how this legislation may impact your business, please contact our employment law team.

Understand the Legal Framework

Before taking any action, it’s essential to understand the legal framework that governs employee conduct outside of work. Under English law, an employee’s conduct outside the workplace can be grounds for disciplinary action if it impacts the employer’s business or the employee’s ability to perform their job. This could include damaging the company’s reputation or relationships with clients and colleagues.

Gather Facts and Evidence

If you become aware that an employee has been involved in anti-immigration riots, it’s crucial to gather all the facts before proceeding. This may include:

• Confirming the employee’s involvement through reliable sources.
• Reviewing any social media posts or public statements made by the employee.
• Considering whether the employee’s actions have been criminally charged or are under investigation.

However, employers must also respect the employee’s right to privacy and avoid making assumptions without sufficient evidence.

Assess the Impact on the Business

Next, assess how the employee’s involvement might affect the business. This assessment should consider:

• Reputation: Could the employee’s actions harm the company’s public image?
• Workplace Harmony: Could their involvement cause tension or conflict among other employees?
• Client Relationships: Might clients react negatively if they learn of the employee’s involvement?

The severity of the situation will often determine the appropriate response. For instance, an employee in a public-facing role might pose a greater risk to the company’s reputation than one in a less visible position.

Consider Your Options

Once the facts are clear and the impact is assessed, employers must decide on the most appropriate course of action. Options include:

• No Action: If the involvement is minor and doesn’t impact the business, no action may be required.
• Informal Discussion: A private conversation with the employee to understand their perspective and reinforce company values.
• Formal Disciplinary Action: If the employee’s actions have damaged the company or breached company policy, disciplinary measures, including warnings, suspension, or even dismissal, may be necessary.

Any action taken should be proportionate and in line with the company’s disciplinary policies. Ensure that any disciplinary process is fair and consistent with the company’s procedures.

Review and Reinforce Company Policies

This situation also provides an opportunity to review and reinforce company policies related to conduct, social media use, and diversity and inclusion. Make sure that all employees understand the company’s expectations regarding behaviour both inside and outside of work.

Consider implementing training sessions that address the importance of diversity, inclusion, and respectful conduct. This can help prevent future issues and foster a more inclusive workplace culture.

Communicate with Your Workforce

If the employee’s involvement in the riots becomes public knowledge, it may be necessary to communicate with your broader workforce. However, this must be done carefully to avoid exacerbating tensions or violating privacy rights.

Consider a general communication that reaffirms the company’s commitment to diversity, inclusion, and respectful behaviour, without singling out the individual employee involved.

Seek Legal Advice

Given the complexities of these situations, it’s advisable to seek legal advice before taking any formal action. This ensures that your response complies with employment law and minimises the risk of legal challenges.

Conclusion

Employers must tread carefully when responding to employees involved in anti-immigration riots. A balanced approach that considers the legal framework, the impact on the business, and the company’s values will help navigate this difficult situation. By handling the matter with care, employers can protect their business interests while promoting a respectful and inclusive workplace.

If you require assistance in dealing with such matters, Sherrards is here to help. Please do not hesitate to contact us for expert legal advice tailored to your specific needs.

To find out more, contact Emma O’Meara. 

As a business, adapting to technological advancements in addition to legal obligations is key to success.  We raise here, some key considerations of issues to watch out for:

1. Contractual Arrangements:
   • Freelancers and Contractors: Many digital marketing roles involve freelancers or contractors. Businesses should aim to classify workers correctly to comply with employment tax regulations. HMRC is pushing forward with plans to look into contractual arrangements
   • Zero-Hour Contracts: These flexible arrangements offer agility but also require careful management to ensure fairness and compliance.
2. Remote Work and Flexible Hours:
   • Remote Work Policies: As digital marketing teams will often be working remotely, businesses should establish clear policies covering remote work expectations, communication, and data security. Knowing who to contact and when is key.
   • Flexible Hours: Balancing flexibility with productivity is essential. Employers must address work-life balance and overtime compensation.
3. Data Privacy and GDPR:
   • Marketing Data Handling: Digital marketers deal with customer data. Compliance with the General Data Protection Regulation (GDPR) is critical. This can be a complicated area and expensive if it goes wrong.
   • Consent and Transparency: Marketers must obtain explicit consent for data processing and provide transparent privacy notices.
4. Intellectual Property (IP):
   • Content Creation: Digital marketing relies on content creation (blogs, social media, etc.). Businesses should clarify IP ownership in employment contracts, making it clear who retains what on any exit. Don’t make the common mistake of adding the IP clause and then having your employee simply sign without making it a deed.
   • Non-Compete Clauses: Restrictive covenants protect IP but must be reasonable and specific.
5. Anti-Discrimination and Diversity:
   • Equal Opportunities: Employers must promote diversity and prevent discrimination based on race, gender, age, or disability.
   • Unconscious Bias: Training can help mitigate unconscious bias in recruitment and promotions.
6. Health and Safety:
   • Remote Work Safety: Employers must ensure remote workers have a safe and ergonomic workspace and be aware of changes.
   • Mental Health Support: The digital marketing industry can be intense; mental health support is crucial.
7. Agile Workforce Management:
   • Adapting to Change: The agile nature of digital marketing requires flexibility in workforce planning.
   • Consult Legal Experts: Seek legal advice tailored to your business needs, one precedent does not necessarily suit all and ensure you are aware of the ramifications of taking out that seemingly ‘innocuous’ paragraph. It could end up coming back to bite you.

In summary, the digital marketing sector thrives on innovation, but compliance with employment law remains paramount and behind all the advances taken. Businesses that proactively address these implications will navigate the evolving landscape successfully, putting the business in the best possible position as we move through 2024 and beyond.

If you want to find out more, contact Emma Peacock.

As part of The Sherrards Training Academy, we have asked our Legal Assistants and Trainee Solicitors to write articles to support their learning, and also to ensure they start to build on their own personal brand. This article has been fact-checked and proofread by Head of the Employment department, Mark Fellows.

On Monday the government issued a consultation paper which proposes re-introducing fees in Employment Tribunals and the Employment Appeals Tribunal, with the main aim ‘to contribute to the continuous improvement of His Majesty’s Courts and Tribunals Service and reduce the cost to the taxpayer to fund these services’. The new proposal comes nearly 7 years after the Supreme Court ruled the previous charging regime as unlawful when trade union Unison successfully argued that it prevented thousands of employees from securing justice.

The proposed fee is £55 to bring a claim in the Employment Tribunal, which is considerably modest in comparison to the previous fee regime This is a one-off fee which is £55 irrespective of the type of claim (but some limited claims will be exempted) or whether the claim is brought by a single claimant or multiple claimants. Unlike the 2013-2017 Tribunal fee regime, no hearing fee will be applied under the government’s most recent proposals.

To start an appeal in the Employment Appeals Tribunal, the same fee of £55 would also apply.

A system for remission from fees would be available for those who genuinely cannot afford to pay the fee (as defined by the government).

It is thought that the proposal may act as an incentive for parties to apply their mind to settlement and engage in negotiations early in the process through ACAS, without the need to proceed to issuing actual claims in the Tribunals, thereby helping to alleviate the huge pressures currently faced by the Tribunal service. It is questionable whether such a modest fee will actually have this impact, but at the same time, it was recognised that if the fee was too high, it might be open to further challenge from the Unions.

The consultation runs for 8 weeks and closes on 25 March 2024 – please stay tuned for further updates from the Employment Team.