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2022 predictions – Employment Law Changes on the Horizon
Shoosmiths LLP, January 2022

If 2020 marked the beginning of the pandemic, 2021 was the year it became fully imbedded in our personal and working lives. What does 2022 have in store? For the pandemic, only time will tell, but when it comes to employment law things are a little clearer. Employment Bill Perhaps unsurprisingly, the long-awaited Employment Bill did not progress in 2021...

No Fault Divorce is Coming
Shoosmiths LLP, January 2022

No fault divorce is due to come into effect in England and Wales on 6 April 2022. From this date couples will be able to get divorced without one person needing to blame the other. This change will also apply to civil partnership dissolution. The Divorce, Dissolution and Separation Act 2020 will be the biggest reform of divorce law in fifty years and means that you’ll no longer have to make allegations about your partner’s conduct to obtain a divorce...

Follow the Money: Rolling Out the New Shared Ownership Lease in 2022
Shoosmiths LLP, January 2022

Almost one year into the new funding round for English affordable housing, we consider how the new Homes England shared ownership lease may affect living sector stakeholders. What’s happened to shared ownership leases? April 2021 heralded a major change to shared ownership (‘SO’) leases in England. Following a consultation process, Homes England released a new suite of model SO leases...

Upcoming changes to employer right to work checks
Shoosmiths LLP, December 2021

The Home Office has announced changes to employer right to work checks, effective 6 April 2022 that all employers must be aware of. Carrying out right to work checks is an essential part of the recruitment process and it is important that employers are always up to date with any changes in this area.   At present, employers must ask new recruits for physical evidence of their right to work in the UK, such as a Biometric Residence Permit (BRP)...

An employer's guide to making reasonable adjustments
Shoosmiths LLP, December 2021

In the last article for our Tricky Issues series, we consider the duty to make reasonable adjustments for employees who are deemed disabled under the Equality Act 2010 and share our top tips for employers looking to make such adjustments...

COVID-19 and Prevention of Future Death reports: What do they mean?
Shoosmiths LLP, December 2021

In this article we look at Prevention of Future Death reports (“PFDs”) issued by Coroners in England and Wales – specifically those which have been made in relation to deaths arising from or connected with the COVID-19 pandemic. We assess the significance of the reports and how they may relate to the COVID-19 public inquiry examining the government’s response to the pandemic...

I don’t live in England or Wales, but I’m getting divorced and my pension is there
Shoosmiths LLP, December 2021

There are numerous reasons why your pension might be in England and Wales while you are not.  Perhaps you lived and worked in England or Wales then moved abroad, or you live overseas and did a stint of employment here. Whatever the situation, the majority of English and Welsh pension administrators neither recognise nor implement pension orders made in foreign courts following divorce...

The New Homes Quality Code
Shoosmiths LLP, December 2021

The New Homes Quality Code has been published and this article sets out some initial aspects for housebuilders to consider. After a consultation process lasting almost five years, the New Homes Quality Code (the Code) and Developer Guidance were published by the New Homes Quality Board (NHQB) on 17 December 2021. The Code will replace the current Consumer Code for Home Builders and will apply across the UK for the benefit of purchasers buying new build homes for their own occupation...

Scottish labour shortage – Where next for employers? Part 1
Shoosmiths LLP, December 2021

With Scotland’s population growth stalling and with labour shortages in the UK at a record high, the demand for migrant workers at all skill levels is ever-increasing. Part 1 of this insight focuses on some of the current immigration routes for consideration by Scottish employers. Scotland is more reliant on migration than the rest of the UK to maintain population and help alleviate skills shortages...

Scottish labour shortage – Where next for employers? Part 2
Shoosmiths LLP, December 2021

Part 1 of this insight focused some of the current immigration routes for consideration by Scottish employers to mitigate the Scottish labour shortage. Part 2 of this insight explores some of the new routes expected to be opened up by Spring 2022. Innovation visas Global Business Mobility Route In spring 2022, the Home office is due to launch the new Global Business Mobility route...

The FCA’s new decision-making powers and the demotion of the RDC
Shoosmiths LLP, December 2021

In the policy statement PS21/16 issued at the end of November 2021, the Financial Conduct Authority (FCA) set out its new approach to decision makers when issuing statutory notices...

Internship and Social Mobility
Shoosmiths LLP, December 2021

On 2nd December we hosted a webinar focused on social mobility and the role that in house legal functions can take to improve social mobility in the legal market. The panel of speakers comprised of Amanda Callear, senior legal counsel at Volkswagen Group and Tarn Kaur, associate at Shoosmiths as part of the ‘Conversations with Clients’ web-series and was hosted by Sebastian Price, partner at Shoosmiths...

Environmental claims on goods and services – time is running out
Shoosmiths LLP, December 2021

Following the publication of its guidance on environmental claims in September 2021, the Competition & Markets Authority (CMA) will start reviewing potentially misleading claims in January 2022. Enforcement action may follow if claims breach consumer law...

Tis the season… to talk about pre-nups
Shoosmiths LLP, December 2021

With just seven days left until Christmas Day, there’s no denying we are well in the midst of the festive build up. But, for those holding out for a special ‘I Do’ surprise this year, Christmas might just come a bit earlier than expected.  Predictions made previously by Bridebook [1] show that the weekend before Christmas is when most intending spouses do, in fact, pop the question...

Are Personal Injury Damages Protected in the Event of Divorce?
Shoosmiths LLP, December 2021

It may seem logical that personal injury damages awarded for someone’s on-going medical needs following a serious injury would be ring-fenced on a divorce. Unfortunately, this is not necessarily the case. The leading authority on this point is Wagstaff v Wagstaff from 1992 in which, when referencing an attempt to ring-fence damages on divorce, it was stated that “the capital is not sacrosanct nor any part of it secured against the application of the other spouse”...

New Mandatory Notification Regime for Transactions in the UK
Shoosmiths LLP, December 2021

The UK has introduced new legislation that, from 4 January 2022, will require transactions in certain specified sectors to be approved by the UK government before they can be completed. A new regime The UK is introducing a new regime which, from 4 January 2022, will require purchasers to obtain prior approval for transactions in certain specified sectors...

Brexit: One year On
Shoosmiths LLP, December 2021

Led by legal director of immigration, Rachel Harvey and principal associate, Sian Hoare, this webinar provided a post-Brexit recap, outlined general trends and looked at what is on the horizon for immigration law in 2022. Free movement in the UK for all EU citizens ended on 31 December 2020. As a result, there have been significant changes to the UK immigration rules and it looks likely that further changes are still to come in 2022...

International Sportsperson Visa Route
Shoosmiths LLP, December 2021

In October 2021 the UK government introduced a new International Sportsperson route to cater for elite athletes and qualified sports coaches wishing to work in the UK. The new International Sportsperson route was introduced on 11 October 2021. It merges and replaces the previous Tier 2 Sportsperson route and the sporting provisions of the Tier 5 Creative and Sporting Worker route...

The Future of Work
Shoosmiths LLP, December 2021

The pandemic alongside a renewed focus on climate change following COP26 and the growing interest in ESG credentials are all contributing to a changing world of work...

Where There’s Muck There’s Brass: a Model for Achieving Nutrient Neutrality
Shoosmiths LLP, December 2021

Taking agricultural land out of production to offset the impact of nitrate pollution from housing can generate income for its owner and benefit developers and local authorities. The problem Nitrogen and Phosphorus are essential nutrients for plants. Used as fertilisers they boost growth and increase crop yields. They are also a pollutant...

Court of Protection Judges' Visits
Shoosmiths LLP, December 2021

The Court of Appeal has considered the question of whether it is fair and appropriate for a Court of Protection Judge to visit the person who lacks mental capacity and about whom the Judge is being asked to make a best interest’s decision.  In the case of Re AH (2021) Mr Justice Hayden, who is a High Court Judge and the Vice President of the Court of Protection, visited AH in hospital after the hearing had concluded and before giving judgment...

Pet Travel Post-Brexit
Shoosmiths LLP, December 2021

Since the UK left the European Union, new rules have come into force surrounding the travel of pets. This article outlines the current position on bringing cats, dogs and ferrets into England, Scotland and Wales. Prior to Brexit, UK pet owners could travel freely with their cats and dogs between EU countries, provided their pet was microchipped and also had a pet passport...

Paternity and Shared Parental Leave: Dispelling Traditional Gender Roles
Shoosmiths LLP, December 2021

A tech entrepreneur recently publicly condemned men who opt to take longer periods of paternity leave. It is crucial that this outdated narrative is dispelled to ensure greater equality in relation to maternity, paternity and other types of parental leave. A prominent US entrepreneur recently branded men that take six months paternity leave “losers” and claimed that the “correct masculine response” is for men to work harder to provide for their children...

Government Warns That Parents May Face Financial Penalties for Bringing Unnecessary Claims to Court
Shoosmiths LLP, December 2021

In a statement last week, the justice secretary, Dominic Raab, warned that parents who bring vexatious claims to the family courts will face financial penalties. The policy is part of plans currently being drawn up by the government to introduce new incentives and disincentives to “spare children the trauma of seeing their parents fight it out in court”...

What HR Challenges Did 2021 Bring?
Shoosmiths LLP, December 2021

As we draw to the end of 2021, Lauren Bholé and Lizzie Lord reflect on some of the HR challenges faced by many companies over the past 12 months. 1. Employees wanting a change in career – the ‘great resignation’ A study by Microsoft found that 41% of the global workforce is considering leaving their employer this year...

 

 

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