In this quarters update we look at the forthcoming Job Support scheme and other legislation updates along with providing information on new immigration rules coming into effect in January.
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Legislation Updates
Job Support Scheme (replacing the ‘furlough’ scheme which ends 31st October)
The Government has announced a new Job Support Scheme which will partially pay part-time workers’ wages from November 1st. The Job Support Scheme will see the government contributing towards the wages of employees who are working fewer than normal hours due to decreased demand. The scheme will be only open to employees who work at least a third of their normal hours. These hours will be paid for by their employer, while the government and the employer will each pay a third of the remaining hours not worked. The level of grant will be calculated based on employee’s usual salary, capped at £697.92 a month, and firms will not be allowed to make staff redundant while they are on the scheme. The scheme will run for six months, and all small and medium sized businesses are eligible to apply. Larger businesses will have to show that their turnover has fallen in order to be eligible. Business will be eligible even if they have not previously used the furlough scheme. Employers retaining furloughed staff on shorter hours can claim both the Jobs Support Scheme and the Jobs Retention Bonus.
Gender-fluid engineer wins landmark UK discrimination case
A gender-fluid/non-binary engineer who suffered abuse and harassment at Jaguar Land Rover has won a landmark discrimination case. Rose Taylor, who worked at the Midlands car manufacturer and changed the way she presented in 2017, has won what is believed to be the first claim of its kind. Until now, there was uncertainty over whether Equality Act protections covered those who fell into the category of gender fluid/non-binary. Although the case, heard at an employment tribunal, does not technically establish a legal precedent, it is bound to be influential in similar claims. After Taylor, who had been an engineer with Jaguar Land Rover for more than 20 years, began wearing – usually – women’s clothes, she suffered insults and abusive jokes. She said she did not receive support from the management and won her constructive dismissal claim. Part of the argument was whether being gender fluid/non-binary was a protected characteristic under section 7 of the 2010 Equality Act. The protected characteristics covered in the act are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. The judge ruled that it was “clear … that gender is a spectrum” and that it was “beyond any doubt” Taylor was protected. The judge said gender reassignment “concerns a personal journey and moving a gender identity away from birth sex”.
Helpful Hints & Tips – New Immigration Rules 1st January 2021
The new laws mean that to employ EU nationals currently not living in the UK after 1st January 2021, a business will need a Sponsor Licence which grants a company permission to employ overseas staff (previously something only needed for non-EU workers). With this in mind, it is important for companies to apply for a Sponsor Licence now if they will be wanting to take on new EU nationals from overseas next year.
The rules are also being relaxed to allow employers to employ overseas nationals with A-Level or equivalent standard skills from 1 January 2021, compared to the degree level required previously when filling a vacancy.
The latest guidance states the process will take around eight weeks so it’s important to be prepared for this. Companies need to consider what the impact would be on their workforce and recruitment plans and subsequent delivery of goods and services to clients, if there was a delay in getting a Sponsor Licence granted.
In order to be granted a Sponsor Licence, a company must demonstrate that it is a genuine business, that is offering genuine employment, and show that all internal procedures are capable of carrying out the sponsorship licence obligations. Over 15% of Sponsor Licence Applications are refused due to issues including companies not providing the required documents, providing incorrect documents or not responding in a timely manner. It’s important to note that if an application is refused, there is a cooling-off period of six months and a fresh application can’t be made until that time has passed, so it is vital to make sure everything is in order.
It is a complex procedure, so our advice would be to seek help and guidance to ensure you have everything in order and that your application is likely to succeed.
Training Events
Operational Managers are key to a Company’s success, and how they work with and manage their teams is an essential part of this. We provide the following training courses to help Managers deal with issues and people correctly to enhance your business.
- Managing Discipline & Grievance
- Managers Guide to Handling Stress
- Influencing Styles and Persuasive Negotiating
- Managing Conflict
- Managing Performance
- Managing Attendance
All of our courses can be tailored to suit your exact needs and delivered at your premises if required.
More details on each of the training courses can be found on our website.
Partner Services
We have long-term partnerships with key providers which enables us to provide other recommended services to our clients covering:
- Legal Services;
- Financial Services;
- Health Insurance and Staff Healthcare Benefits;
- Health and Safety.
Visit our website to see full information on our partners and their services.