Navigating the New Immigration Landscape: Employer FAQs
The UK government has recently unveiled its Immigration White Paper, signaling a significant shift in immigration policy with an aim to reduce reliance on overseas workers and bolster investment in homegrown talent. While some proposals require new legislation and a broader change in approach, the implications for UK employers are already becoming clear. Here, we break down the key changes and outline what employers need to understand about their current and future obligations.
The Current Landscape: Employer Obligations
Currently, UK employers sponsoring overseas workers operate under a set of established rules, including:
Sponsorship Licence – Businesses must hold a valid sponsorship licence to hire eligible foreign nationals.
Skilled Worker Route – This route allows employers to sponsor individuals in eligible occupations that meet a specific skill level (currently RQF Level 3 or above in many cases) and salary threshold.
Immigration Skills Charge – Employers pay a charge when sponsoring skilled workers.
Immigration Salary List – This list identifies specific occupations where employers can recruit overseas workers at a lower salary threshold.
Time to Indefinite Leave to Remain (ILR) – Typically, sponsored skilled workers can apply for ILR (the precursor to citizenship) after five years of continuous lawful residence.
Care Worker Visa Route – Employers in the care sector can sponsor overseas workers for specific care roles.
Graduate Visa – Graduates of UK universities can typically stay and work in the UK for two years after completing their studies.
The Future: Forthcoming Changes and Employer Obligations
The Immigration White Paper outlines several key changes that will impact employer obligations. While specific implementation dates for legislative changes are yet to be confirmed, employers need to be aware of the direction of travel and potential timelines.
Immediate to Near-Term Impacts
Increased Immigration Skills Charge
This increase of 32% (the first rise since 2017) will likely come into effect relatively soon after the necessary legislative or regulatory changes are implemented. Employers should factor this increased cost into their hiring budgets for sponsored workers.
Focus on Training Local Hires
The expectation for employers to demonstrate a commitment to training local workers is immediate. While the specifics of measurement are unclear, employers should begin to review and enhance their internal training programs and recruitment strategies targeting the domestic workforce.
Changes with a Potential Mid-Term Horizon (Likely requiring new legislation)
Closure of the Care Worker Visa Route
New applications for this route will cease. However, a transition period until 2028 will allow visa extensions and in-country switching for those already in the UK with the right to work. Employers in the care sector face a significant challenge in planning for recruitment beyond this period.
Higher Skilled Worker Visa Requirements
The skill threshold will rise to RQF Level 6 (bachelor’s degree equivalent). Once implemented, employers will need to ensure that sponsored roles meet this higher qualification level. This will particularly affect sectors that currently recruit for roles below this level, such as hospitality, unless those roles are deemed to be in ‘shortage occupations’.
Abolition of the Immigration Salary List
When this change takes effect, employers will no longer be able to rely on lower salary thresholds for specific occupations. All sponsored roles will need to meet the standard Skilled Worker salary requirements, which are also expected to increase (though the new levels are yet to be announced).
‘Time-Limited’ Shortage Occupation Recruitment
For specific occupations facing long-term shortages where visa requirements are below degree level, employers may have temporary access through the points-based system, provided they have a workforce strategy and a commitment to increasing domestic recruitment. The duration and specific conditions of this provision are yet to be detailed.
Reduced Graduate Visa Duration
The length of the Graduate visa will be reduced to 18 months (from the current two years). This will impact employers who rely on recruiting recent international graduates. The implementation timeline for this change is still to be confirmed.
Increased English Language Requirements
Skilled workers will need to demonstrate English language skills at B2 level (level of proficiency on the Common European Framework of Reference for Languages (CEFR)Â and adult dependants will need to show a basic level. There may also be requirements to demonstrate progress in language skills during their stay. Employers should be aware that this could impact the pool of eligible candidates.
Doubled Timeframe for Citizenship
New arrivals will need to wait 10 years before being eligible for indefinite leave to remain, significantly extending the period of sponsorship and associated costs for employers intending to retain overseas staff long-term. Exceptions for highly skilled individuals may apply.
Longer-Term Considerations
Potential University Levy
The government is considering a levy on universities’ income from international students, which could indirectly impact the availability and cost of international graduates in the future.
Labour Market Evidence Group
The establishment of this group suggests a more data-driven and potentially more restrictive approach to identifying genuine skills shortages and the feasibility of filling them domestically.
What Employers Need to Do Now
Stay Informed – Keep abreast of further announcements and the specific timelines for the implementation of these changes.
Review Recruitment Strategies – Evaluate your current reliance on overseas workers and begin to explore strategies for attracting and retaining domestic talent.
Assess Training Needs – Identify skills gaps within your existing workforce and invest in training programmes to upskill local employees.
Budget Accordingly – Factor in the increased Immigration Skills Charge and the potential for higher salary thresholds and longer sponsorship periods when planning future hires.
Engage with Industry Bodies – Collaborate with your sector’s representative organisations to understand the broader implications and potential collective responses to these changes.
The UK’s immigration landscape is undergoing a significant transformation. By understanding the current obligations and proactively preparing for the forthcoming changes, UK employers can navigate these new rules effectively and ensure the continued success of their businesses.
Navigating these upcoming immigration changes can present complex challenges for employers. For expert guidance on ensuring your recruitment and employment practices remain legally compliant, please don’t hesitate to contact Supportis on 0161 603 2156, or at [email protected]. We can help you understand your obligations and plan effectively for the future immigration landscape.
The recent news regarding Police Scotland, where a record number of recruits were rejected due to inappropriate tattoos, serves as a stark reminder for UK employers: body art can be a complex HR and Health & Safety issue. With increasing societal acceptance of tattoos, how do you balance individual expression with your company’s image and legal obligations?
The Police Scotland Case: A Cautionary Tale
The details of the rejected tattoos – depicting graphic violence, sexual themes, and offensive imagery – highlight the potential for body art to cause offence and raise concerns about an employee’s professional conduct. While Police Scotland has a specific policy, this situation raises broader questions for all UK employers.
Key Considerations for UK Employers
Discrimination and Equality Act 2010
Instead of implementing a blanket ban on tattoos, which could potentially be discriminatory if it disproportionately affects certain groups, employers should focus on the specific nature of the tattoo and its potential impact on the business. Furthermore, it is imperative that any policy regarding tattoos is applied consistently and fairly across the workforce.
Company Image and Reputation
When determining your stance on employee tattoos, consider the nature of your business and the potential impact of visible tattoos on your brand image. In particular, for customer-facing roles, it may be necessary to implement specific guidelines regarding visible tattoos. Ultimately, a clear and well-communicated policy is crucial for ensuring consistency and managing employee expectations.
Health and Safety
Although less frequent, certain tattoos may present health and safety risks in specific work environments, such as those demanding stringent hygiene standards or where tattoos could impede the effective use of personal protective equipment. The postponement of Police Scotland’s beard ban, following consultation with health and safety experts, effectively demonstrates the critical importance of seeking professional advice before implementing any policy that could potentially impact employee wellbeing.
Employment Contracts and Policies
Clearly define your company’s stance on tattoos within your employment contracts and policies. Specifically, these documents should include comprehensive guidelines regarding acceptable and unacceptable tattoos, with particular attention paid to visible body art. Furthermore, it is imperative that your policies are legally sound and fully compliant with all current Employment Law.
Recruitment and Selection
Transparency regarding your company’s policy on tattoos is crucial during the recruitment process. Candidates may be asked about any visible tattoos and the potential impact these may have on their prospective role. In situations where the employee’s image is of paramount importance, such as in the case of Police, considering requesting photographs of tattoos is a valid approach.
Disciplinary Procedures
If an employee’s tattoo is considered inappropriate, follow your company’s disciplinary procedures. Explain your concerns clearly and consider solutions like covering the tattoo or changing the employee’s role.
Practical Advice for UK Employers
Create a fair, consistent, and legal written tattoo policy that employees are free to access at any time, and know of it’s existence and whereabouts. Treat each case individually, based on the tattoo and its effect on the business.
If you’re facing uncertainties regarding the legal aspects of your tattoo policy, please don’t hesitate to contact Supportis on 0161 603 2156, or at [email protected]. We can provide expert guidance to ensure your actions as an employer remain legally compliant and help you manage the situation effectively.
What happened in the case of Hamilton v Epsom and St Helier University Hospitals NHS Trust?
Mrs. Hamilton, a diabetes specialist nurse, successfully pursued a constructive dismissal claim against Epsom and St Helier University Hospitals NHS Trust, receiving ÂŁ41,000 in compensation, due to a sustained campaign of bullying and a failure of management to address it effectively.
The dispute originated from a professional disagreement between Mrs. Hamilton and a dietitian colleague, Mr. Nayeck, regarding patient care, which subsequently escalated into a pattern of deliberate exclusion and dismissive behavior by Mr. Nayeck. He actively ignored her, excluded her from routine team activities, and allegedly tampered with her personal belongings.
Despite a mediation attempt, Mr. Nayeck’s behaviour persisted, and he later made counter-allegations of bullying against Mrs. Hamilton, which were investigated, further exacerbating the situation.
Mrs. Hamilton’s formal grievance, citing the trust’s failure to address the ongoing issues and its tolerance of abusive behavior, was only partially upheld, leading to her eventual resignation due to stress and a complete breakdown of trust.
What can employers learn about this case?
This case underscores the critical responsibility of employers to proactively prevent and address bullying and harassment in the workplace.
Employers must establish clear policies and procedures for reporting and investigating such incidents, ensuring that all complaints are taken seriously and thoroughly investigated.
They must also provide adequate training to managers and employees on recognising and preventing bullying and harassment, and foster a workplace culture that promotes respect, open communication, and early intervention to resolve conflicts before they escalate.
Furthermore, employers should ensure that mediation or conflict resolution processes are conducted fairly and effectively, and that any outcomes are monitored to ensure lasting change.
The trust’s failure to effectively manage the interpersonal conflict and address the persistent bullying resulted in a significant financial penalty and demonstrated the importance of robust policies and procedures to protect employees from such harmful behaviours.
Further help and advice
Navigating workplace disputes involving bullying and harassment can be complex. If such a situation arises with your employees, please don’t hesitate to contact Supportis on 0161 603 2156, or at [email protected]. We can provide expert guidance to ensure your actions as an employer remain legally compliant and help you manage the situation effectively.
What happened in Higgs v Farmor’s School?
In a landmark ruling this week, the Court of Appeal overturned previous decisions and found in favor of Kristie Higgs, a Christian school assistant. Higgs was dismissed by her employer, Farmor’s School, for sharing Facebook posts deemed transphobic and homophobic, leading to a six-year legal battle.
Summary of Events
- Higgs shared Facebook posts on her personal account expressing traditional Christian beliefs about transgenderism, same-sex marriage, and gender fluidity. These posts did not mention her employer.
- Farmor’s School dismissed her, citing the language used in the posts and potential reputational damage to the school, not her religious beliefs.
- Higgs argued her dismissal was discriminatory based on her religious beliefs.
- Initial tribunal and Employment Appeal Tribunal (EAT) rulings were mixed, with the EAT initially ordering a rehearing.
- The Court of Appeal ultimately ruled in Higgs’ favour, finding her dismissal unlawful discrimination.
Implications for Employers
The Court of Appeal’s decision has significant implications for employers:
- Protection of Religious Beliefs: The ruling affirms that the Equality Act protects traditional Christian beliefs on social issues.
- Burden of Proof: Employers now bear the burden of proving that dismissing an employee for expressing their religious beliefs is objectively justified and necessary in a democratic society. Simply believing the dismissal is justified is not enough.
- Proportionality: Dismissal for expressing religious beliefs must be a proportionate response. The court found Higgs’ dismissal “unquestionably disproportionate.”
- Reputational Damage: Fear of potential reputational damage is not sufficient grounds for dismissal. The court stated that any reputational damage in this case was “speculative at best.”
- Personal vs. Professional: The ruling highlights the distinction between personal expressions of belief and professional conduct. Higgs’ posts were on her personal Facebook account and did not reference her employer. The court noted that there was no evidence she had or would discriminate against anyone at work.
- Free Speech and Religious Liberty: The decision is seen as a landmark victory for free speech and religious liberty, setting a precedent that employers cannot automatically discipline employees for expressing their deeply held beliefs outside of work.
In short, employers will need to carefully consider the balance between an employee’s right to express their religious beliefs and the potential impact on the workplace. This ruling makes it more difficult for employers to discipline employees for expressing such beliefs in their personal time, particularly when those expressions do not directly link back to the employer or demonstrably affect the workplace.
Navigating workplace disputes involving religious or personal beliefs can be complex. If such a situation arises with your employees, please don’t hesitate to contact Supportis on 0161 603 2156, or at [email protected]. We can provide expert guidance to ensure your actions as an employer remain legally compliant and help you manage the situation effectively.
During the committee stage in the House of Commons, Members of Parliament (MPs) have proposed numerous amendments to the Employment Rights Bill.
The Public Bill Committee has now completed its work and reported the Bill with amendments to the full House.
This means that a group of MPs, called the Public Bill Committee, has finished reviewing the Employment Rights Bill.
- They’ve examined the bill and made changes to it
- They’ve now presented this revised bill (with the amendments) to the entire House of Commons
Essentially, the Public Bill Committee has done its part in shaping the bill, and now the whole House of Commons will debate and vote on it, considering the changes suggested by the Committee.
The report stage (where the House of Commons will debate and potentially make further changes to the bill based on the recommendations from the Public Bill Committee) and third reading (the final stage of debate in the House of Commons whereby MPs can discuss the bill in its current form, but no further amendments can be made – they will then vote on whether to approve the bill)Â will take place on a date to be confirmed. An Amendment Paper has been published, listing proposed amendments in the order they are expected to be decided.
What key amendments have been put forward?
Proposal introducing a new right to “domestic abuse victims’ leave.” If this amendment is included in the Employment Rights Bill when it becomes law, the Secretary of State would be required to make regulations entitling a worker who is a victim of domestic abuse to be absent from work, on leave, within 12 months of the Bill being passed.
The worker would be entitled to at least 10 working days’ leave and the benefit of the terms and conditions of their employment that would have applied but for the absence. It is unclear if this would include pay. Workers would have the right not to be unfairly dismissed or suffer any detriment on the ground that they are a person affected by domestic abuse.
Proposal to create another new preventative duty for employers, similar to the duty to take reasonable steps to prevent sexual harassment of their workers.
Under tabled amendments to the Equality Act 2010, employers would be required to take all reasonable steps to prevent their workers from experiencing domestic abuse in the course of their employment.
Other proposed amendments include making carer’s leave a paid leave entitlement, making caring a protected characteristic under the Equality Act 2010, and doubling Statutory Maternity Pay.
The success of these proposed changes will depend on several factors. Careful consideration must be given to the practical implementation of these new rights and duties, ensuring they are accessible and effective for all workers. Adequate funding and support mechanisms will be crucial for employers to comply with new obligations, such as preventing domestic abuse in the workplace.
The debate around the Employment Rights Bill highlights the ongoing evolution of workplace rights and protections in the UK. As the labour market continues to evolve, it is essential that legislation keeps pace, ensuring a fair and equitable working environment for all employees.
The Employment Rights Bill is currently undergoing changes, and navigating these updates can be complex. Supportis can be your partner in ensuring your business stays compliant with evolving employment law.
How Supportis Can Help
We offer a comprehensive suite of services to help businesses like yours navigate the changes proposed in the Employment Rights Bill and beyond, including:
- help developing and reviewing your internal policies to ensure they align with the latest employment law, including the upcoming changes in the Employment Rights Bill.
- training (remote or in-person) on various employment law topics, helping your managers and staff understand their rights and responsibilities.
- 24/7 HR access included at no extra cost to answer your questions and provide guidance on navigating employment law complexities, including those related to the Employment Rights Bill.
Streamlined HR Processes
In addition to the above, we offer Cirrus, our secure online client portal. Developed in-house by HR experts, Cirrus streamlines HR processes, giving you a central hub to manage your HR needs.
Contact Supportis Today
Let Supportis be your guide through the ever-changing landscape of employment law. Contact us today on 0161 603 2156 or [email protected] to learn more about how we can help your business stay compliant and thrive.
Anita Briggs, a social media manager for National Museums Scotland, was unfairly dismissed due to the employer’s failure to follow its own performance improvement policy. Despite concerns about her work quality (typos, missed deadlines, low output) and documented performance issues, the museum did not issue the required formal warnings before terminating her employment.
Why is it important to follow HR policies such as performance improvement?
This case highlights the critical importance of adhering to established HR procedures, particularly when dealing with employee performance issues.
- Failing to follow internal policies can lead to legal challenges and potentially costly settlements, as seen in this case.
- Clear and consistent application of HR policies ensures fairness for all employees and minimises the risk of discrimination or bias.
- A well-defined and transparent process builds trust between employers and employees, improving morale and reducing workplace conflict.
What can employers learn from this case?
- Employers must ensure that all performance management procedures, including warnings and disciplinary actions, are carried out in strict accordance with their own policies.
- Maintain meticulous records of all performance issues, meetings, and disciplinary actions. This documentation is crucial for defending decisions in case of legal challenges.
- Instead of solely focusing on the employee’s performance, investigate potential underlying issues like stress or personal challenges.
- Offer employees support and resources, such as stress management courses or mental health support, to address performance issues effectively.
- Regularly review and update HR policies to ensure they are current, legally compliant, and effectively address modern workplace challenges.
Can Supportis help ensure my business doesn’t fall foul of Employment Law?
Yes! Supportis can significantly assist employers in addressing the issues raised in the case. By offering a range of services, including policy development, training, and software solutions, we can help employers create a robust and compliant system for managing employee performance.
Specifically, we can help develop and review HR policies, deliver training (remote, or in person) on effective performance management, and provide access to our award-winning eLearning system. All of our clients have access to Cirrus, Supportis’ secure online client portal, developed in-house by HR experts to streamline HR processes, paired with 24/7, fixed-fee unlimited HR advice and consultancy services on various HR and H&S matters.
Give us a call on 0161 603 2156, or drop us an email at [email protected] to find out how you can create a more effective and compliant performance management system, reduce the risk of legal challenges, and improve overall employee engagement and wellbeing.