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Our employment law and immigration team works with clients to resolve high level complex issues, deliver cost savings and identify and manage labour and immigration law risks.

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Employment

We deal with a variety of issues including gig economy, IR35, employment termination, boardroom disputes, redundancies, harassment, discrimination and immigration.

We operate at the cutting edge of employment law, being involved in some of the most pressing issues of our time. The cases we have been involved in have helped shape the law in matters including the legal rights of contractors in the workforce and how corporate insolvency affects employment claims. We are thus regularly instructed to appear before Employment Tribunals, the Employment Appeal Tribunal, the High Court and the Court of Appeal.

We specialise in managing complex, high profile and high risk situations. When your business instructs us, you can expect clear and effective advice on complex legal issues and innovative yet pragmatic solutions to ensure the best outcome, while ensuring that your commercial and reputational interests are protected.

We also manage the legal problems facing individuals including senior executives, CEOs, partners, founders and board members. Because of this, we know how lawyers acting for both employees and employers operate, can anticipate the tactics they will deploy, and understand exactly what our clients will face.

Immigration

Similarly, our dedicated immigration team get the key employees of global businesses into the UK, private individuals with their immigration issues, nationality concerns, settlement complications, or work permit problems. They advise EU nationals and their family members on remaining in the United Kingdom post-Brexit.

Download our brochures to find out more.

For pensions and employee benefits-related support, please see our consulting page

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Bringing claims for unfair or wrongful dismissal
Defending claims for unfair or wrongful dismissal
Immigration

Ince Employer Issues Brochure 2020

Ince Immigration Brochure 2020

Ince Issues at Work Brochure 2020

News & insights on Employment & Immigration

News / Ince Senior Immigration Consultant Marta Mendiondo speaks to ABC on the EU Settlement Scheme deadline

02-07-2021 /

Our Senior Immigration Consultant, Marta Mendiondo, spoke to ABC, one of Spain’s biggest selling newspapers, regarding the deadline of the EU Settlement Scheme.

Ince Senior Immigration Consultant Marta Mendiondo speaks to ABC on the EU Settlement Scheme deadline

News / EU Settlement Scheme: New guidance for excess absences and paper forms available to download online

16-06-2021 /

The Home Office has changed its approach to excess absences and will now admit periods exceeding 12 months for Covid-related reasons.

EU Settlement Scheme: New guidance for excess absences and paper forms available to download online

Insights / The Future of the UK post-Brexit/post-pandemic: Alan Platt

11-05-2021 /

Alan Platt, our Consultant Director of Immigration at Ince, runs you through some of the available immigration routes into the United Kingdom.

The Future of the UK post-Brexit/post-pandemic: Alan Platt

Insights / UK Immigration Route - Young Professionals Scheme

06-05-2021 /

The UK Government has recently announced a new immigration route, known as the Young Professionals Scheme. This scheme provides the opportunity for a significant number of young Indian professionals to work in the UK for up to two years.

UK Immigration Route - Young Professionals Scheme

News / Your future in the UK post-Brexit and post-Covid 19: what you need to know

08-04-2021 / Real Estate

Over the last twelve months, the United Kingdom (UK) like the rest of the world, has seen the COVID -19 pandemic impact hugely on our ability to travel freely, to relocate for business, work, investment and education. We now see some light at the end of the tunnel with the UK’s mass immunisation programme which has seen infection (and thankfully) mortality levels fall dramatically. This is finally giving people hope for the future, resulting in renewed interest in the UK as a safe place to live, to invest in, and as somewhere to educate their children.

Your future in the UK post-Brexit and post-Covid 19: what you need to know

Insights / Immigration update February 2021

22-02-2021 /

If you are considering that relocation or change of employment during lockdown, Ince has an established and experienced Immigration team who are ready to advise employers and private individuals on their United Kingdom and worldwide immigration, work permit, sponsor licence and nationality requirements.

Immigration update February 2021

Insights / Supreme Court finds Uber drivers were 'workers' in successful case

22-02-2021 /

A group of Uber drivers who made claims for National Minimum Wage and paid-holiday in the Employment Tribunal back in 2016 have been successful in their case at the Supreme Court. 

Supreme Court finds Uber drivers were 'workers' in successful case

Insights / Employment Tribunals: raising a grievance not a bar to constructive dismissal claim

02-02-2021 /

The Employment Appeal Tribunal recently held in the case of Charles Gordon v J & D Pierce (Contracts) Ltd that an employee had not affirmed (i.e. accepted) a breach of contract and could still claim constructive dismissal even though he did not resign immediately and instead raised a grievance.

Employment Tribunals: raising a grievance not a bar to constructive dismissal claim

Insights / Non-competes: The unreasonable case for reform

29-12-2020 /

For the second time in four years, a Conservative Government has begun consultation on ways to reform post-termination restrictions in employment contracts. I would urge anyone with an interest and experience to respond to the Government directly before the 26 February 2021 deadline.

Non-competes: The unreasonable case for reform

Insights / Brexit : Workers moving from EU countries must now get a visa

08-12-2020 /

The Tier 2 visa is replaced by the Skilled Worker visa but pubs, hotels and care homes, still reeling from Covid, could now struggle to fill vacancies.

Brexit : Workers moving from EU countries must now get a visa

Insights / FCA Confirms that Non-Financial Misconduct is, actually, Misconduct

24-11-2020 /

On 5 November the FCA banned three men convicted of sexual and (in one case) domestic violence offenses from working in the financial services sector ever again.

FCA Confirms that Non-Financial Misconduct is, actually, Misconduct

Insights / Anti-bullying week 2021 podcast series

16-11-2020 /

In this podcast series for anti-bullying week, Fiona Young, Consultant at Ince in Gibraltar explores the impact of bullying, understanding the bully, how to seek assistance and putting in place systems to eliminate bullying in the workplace.

Anti-bullying week 2021 podcast series

Insights / Lockdown part two in England: Furlough scheme extended

02-11-2020 /

With the announcement that England will go into a four-week lockdown from 5 November, the Treasury has confirmed that the Coronavirus Job Retention Scheme (aka the Furlough Scheme) which was due to end on 31 October will be extended until December.

Lockdown part two in England: Furlough scheme extended

Insights / Applying for the EU settlement scheme: the countdown has begun

21-10-2020 /

We are now in the final phase of the post-Brexit transitional period. From an immigration perspective, this means EEA citizens only have three months to establish their residence in order to be able to live and work in the UK.

Applying for the EU settlement scheme: the countdown has begun

Insights / The Chancellor of the Exchequer announces new Job Support Scheme for UK employers

25-09-2020 /

To protect the UK economy over winter, which he says will be a “difficult" one, the Chancellor of the Exchequer, Rishi Sunak, confirmed the end of the Coronavirus Job Retention Scheme yesterday.

The Chancellor of the Exchequer announces new Job Support Scheme for UK employers

Insights / Job Support Scheme to replace Coronavirus Job Retention Scheme from 1 November

25-09-2020 /

Yesterday, the Chancellor of the Exchequer Rishi Sunak announced the Treasury’s new Job Support Scheme, which will replace the Coronavirus Job Retention Scheme, also known as the 'Furlough Scheme', which will come to an end on 31 October.

Job Support Scheme to replace Coronavirus Job Retention Scheme from 1 November

Insights / Coronavirus Job Retention Scheme begins to wind down with changes from 1 September

02-09-2020 /

From 1 September 2020, employers making use of the Coronavirus Job Retention Scheme will need to contribute 10% of a furloughed employee’s salary.

Coronavirus Job Retention Scheme begins to wind down with changes from 1 September

Insights / UK Immigration route for British National Overseas Citizens (BNO) Resident in Hong Kong

10-08-2020 /

From January 2021 the United Kingdom Government has announced the opening of an immigration route leading to settlement and full British Citizenship for holders of British passports endorsed “British National Overseas” and resident in Hong Kong.

UK Immigration route for British National Overseas Citizens (BNO) Resident in Hong Kong

Insights / Consultancy in times of COVID

06-08-2020 /

The COVID-19 pandemic has, for the time being at least, changed the way that we live and work.

Consultancy in times of COVID

Insights / Coronavirus Job Retention Scheme £1k bonus for employers

16-07-2020 /

Employers will be able to claim a one-off bonus of £1,000 for each furloughed employee brought back to work if they are still employed on 31 January 2021. 

Coronavirus Job Retention Scheme £1k bonus for employers

News / UK Residency and Citizenship Opportunity for Hong Kong Residents

02-07-2020 /

The UK Government has earlier this week announced the opportunity for residents in Hong Kong holding British National Overseas (BNO) passports and their dependants to be able to apply for residency in the United Kingdom, via an immigration route that will lead to permanent residency and full British Citizenship after a five year period.

UK Residency and Citizenship Opportunity for Hong Kong Residents

Insights / Q&A: Changes to Coronavirus Job Retention Scheme

29-06-2020 /

On 12 June, the government released new guidance together with a useful summary; providing further detail on how the Coronavirus Job Retention Scheme will change from 1 July.

Q&A: Changes to Coronavirus Job Retention Scheme

News / Q&A: Returning to work and looking to the future in fashion and luxury retail

12-06-2020 /

On 15 June 2020, all non-essential retail, which includes fashion and luxury retail, is permitted to open for business, provided that safety guidelines are followed.

Q&A: Returning to work and looking to the future in fashion and luxury retail

News / Redundancy and Covid-19: Dealing with consultation in lockdown

08-06-2020 /

It’s sadly inevitable that as the Coronavirus Job Retention Scheme begins to wind down, and employers across the UK emerge to a shrunken economy, but with pre-coronavirus wage bills, that redundancies on a significant scale are going to happen across the nation.

Redundancy and Covid-19: Dealing with consultation in lockdown

News / EU Update – Settled and Pre-Settled Immigration Status in the UK

02-06-2020 /

The current COVID crisis is at the centre of most Home Office communications at the moment. At this time of uncertainty it is important that EEA citizens and their family members are aware that it is still mandatory to apply for status under the EU Settlement Scheme to retain the legal right to live and work in the UK. There have been no changes to the scheme’s deadline, which closes on 30 June 2021. Every EEA citizen, except Irish nationals, must apply to retain the right to reside in the UK, unless they already hold British citizenship.

EU Update – Settled and Pre-Settled Immigration Status in the UK

Insights / Statutory Sick Pay expanded as 'Test and Trace' system is launched

28-05-2020 /

Statutory Sick Pay entitlement has been expanded today; the same day as the new “Test and Trace” system begins in England.

Statutory Sick Pay expanded as 'Test and Trace' system is launched

Insights / New guidance and concessions for foreign nationals currently in the United Kingdom

26-05-2020 /

The UK Government has announced new guidance and concessions for those foreign nationals currently in the United Kingdom and with leave to remain that expires between 24 January 2020 and 31 July 2020. Your visa will be extended to 31 July 2020 if you cannot leave the UK because of travel restrictions or self-isolation related to coronavirus (COVID-19).

New guidance and concessions for foreign nationals currently in the United Kingdom

Insights / New rules for passengers entering the United Kingdom from 8 June

26-05-2020 /

The Home Office has announced new rules for passengers entering the United Kingdom from 8 June, which include the requirement to self-isolation for a fourteen day period following arrival. The Home Secretary Priti Patel has justified the introduction of this requirement at this time to protect the country from a second wave of COVID-19 cases, as it is envisaged that as the UK transitions from lockdown, the number of passengers arriving in the country will increase dramatically and increase the risk of transmission of the virus to the UK community.

New rules for passengers entering the United Kingdom from 8 June

Insights / Working Safely During Covid-19: New Guidance for Employers

15-05-2020 /

The recently published government guidance provides a framework to encourage the UK to return to work and for workplaces to operate as safely as possible.

Working Safely During Covid-19: New Guidance for Employers

Insights / Coronavirus and the workplace - what next?

11-05-2020 /

In order to assist businesses who taking steps to re-open after a period of closure or remote working as a result of the Coronavirus pandemic, we have set out some key guidance in the main areas where our clients are seeking advice.

Coronavirus and the workplace - what next?

News / Biometric Residence Permit Update – those expiring on 31 December 2024

28-04-2020 /

The Home Office has now confirmed that they will introduce a new UK Format Biometric Residence Permit next year, which will more accurately reflect the period of leave granted to holders, or in the case of those granted indefinite leave to remain/enter, be granted for a standard ten year period (five year validity of those under eighteen). They have also confirmed that by early 2024, prior to currently issued Biometric Residence Permits expiring, the Home Office will publish details of how to apply for a free replacement Biometric Residence Permit, issued via the new guidelines set out above.

Biometric Residence Permit Update – those expiring on 31 December 2024

News / Coronavirus Job Retention Scheme 20/04/2020

20-04-2020 /

On the 26 March 2020, the government published further guidance for the roll out of the Coronavirus Job Retention Scheme. This guidance was updated again on 4, 9, 15, 17 and 20 April 2020. A Direction to HMRC was also published by the Treasury on 15 April 2020.

Coronavirus Job Retention Scheme 20/04/2020

Insights / Update: Coronavirus Job Retention Scheme eligibility date changed to 19 March 2020

15-04-2020 /

In order for an employer to claim 80% of an employee’s wage costs up to £2,500 per month under the Coronavirus Job Retention Scheme the employee must have been placed on the PAYE payroll and notified to HMRC on an RTI submission on or before 19 March 2020. This is a change, announced by the Government today, from the previous eligibility date of 28 February 2020.  

Update: Coronavirus Job Retention Scheme eligibility date changed to 19 March 2020

News / Immigration: Domestic Violence

09-04-2020 /

Domestic Violence is not something anyone should have to live with and certainly is not a reason to remain in an abusive relationship, if your visa depends on the relationship subsisting. Get out at an early stage and look for help and don’t be ashamed if the relationship is not working. Domestic violence does not have to be just about physical violence, it can be psychological pressure, financial manipulation, cruelty, controlling behaviour, isolation, third party pressure and exploitation.

Immigration: Domestic Violence

Insights / New right to Statutory Parental Bereavement Leave comes into force today

06-04-2020 /

From today, a new right to Statutory Parental Bereavement Leave will apply; by virtue of The Parental Bereavement (Leave and Pay) Act 2018. This leave entitles all parents to two weeks of bereavement leave, which has to be taken within 56 weeks of the child’s death. This right applies to employees from day one of employment.

New right to Statutory Parental Bereavement Leave comes into force today

Insights / IR35 and the Off Payroll Working Rules

31-03-2020 /

The IR35 rules were first introduced in 2000 in order to tackle a perceived tax avoidance scheme whereby individuals sought to save employee income tax and national insurance contributions by supplying their services through an intermediary and paying themselves in dividends.

IR35 and the Off Payroll Working Rules

News / Coronavirus Job Retention Scheme

30-03-2020 /

On the 26 March 2020, the government published further guidance for the roll out of the Coronavirus Job Retention Scheme. While the objective of the scheme is to support employers whose operations have been severely affected by coronavirus (COVID-19), the scheme is also being utilised as a means of ensuring individuals are supported through this difficult time.

Coronavirus Job Retention Scheme

Insights / FAQs: A guide to the Coronavirus Job Retention Scheme

27-03-2020 /

Further details of the Coronavirus Job Retention Scheme have been released by the Government. This Q&A will answer some of the key questions businesses have in relation to the Scheme:

FAQs: A guide to the Coronavirus Job Retention Scheme

News / The BEAT Covid 19 Measures (Gibraltar)

26-03-2020 /

On Tuesday 24th March 2020, the Chief Minister of Gibraltar announced a series of initiatives, rules and measures to assist businesses and employees in the community to get through these extraordinary times.

The BEAT Covid 19 Measures (Gibraltar)

Insights / FAQs: How should my business manage absences during COVID-19?

26-03-2020 /

These frequently asked questions will help businesses make the right decisions when it comes to protecting the health and safety of their staff and maintaining business continuity during the COVID-19 pandemic. 

FAQs: How should my business manage absences during COVID-19?

News / COVID-19: Extended Visa for foreign nationals

25-03-2020 /

The Home Office has announced that foreign nationals currently in the United Kingdom who cannot return home due to the COVID-19 pandemic will be able to extend their visa.

COVID-19: Extended Visa for foreign nationals

News / Visas extended for those currently unable to return home due to COVID-19

25-03-2020 /

Visa nationals who cannot return home due to the COVID-19 pandemic will be able to extend their visa. Unlike the Home Office previous guidance applicable to Chinese nationals, visa holders must contact the Home Office to have their leave extended.

Visas extended for those currently unable to return home due to COVID-19

News / COVID-19: Employment Q&A

23-03-2020 /

As of 11 March, 2020, Coronavirus (COVID-19) has been declared a pandemic by the World Health Organisation. It is clear that employers will face further practical and financial challenges. Where necessary legal advice should be sought due to the continually changing advice. Employers should keep track of the guidance for employers, sources of note include; Public Health England and BEIS: COVID-19: guidance for employees, employers and businesses, Acas: Coronavirus: advice for employers and employees and Public Health England: COVID-19: guidance on social distancing and for vulnerable people.

COVID-19: Employment Q&A

News / COVID-19 Job Retention Scheme

23-03-2020 /

On 20 March 2020 the UK Chancellor announced the launch of the Coronavirus Job Retention Scheme. Under the scheme, all UK businesses regardless of size or sector will be able to access support to continue paying part of their employees’ salary for employees that would otherwise have been laid off during this crisis. The details of the scheme are still forthcoming and will be more apparent in the near future.

COVID-19 Job Retention Scheme

News / Advice on how the current conditions may impact employees and employers in Gibraltar

18-03-2020 /

Fiona Young is our Employment Expert and a board member of the GFSB (Gibraltar Federation of Small Businesses).

Advice on how the current conditions may impact employees and employers in Gibraltar

News / Coronavirus Advice: For Employees and Employers

05-03-2020 /

Should I enter the workspace? The government has advised individuals to stay indoors and avoid contact with other people immediately if they have travelled to the UK from certain countries in the last 14 days, sometimes even if they have no symptoms. The list of countries is updated every day at 2pm and can be found in the guidance. Individuals should then call 111 for advice on what to do next. This is an emergency NHS number.

Coronavirus Advice: For Employees and Employers

News / Immigration Guidance for Individuals affected by Coronavirus travel restrictions

03-03-2020 /

Where can I find the most up-to-date immigration information about COVID-19? The Home Office has released guidance on immigration provisions for individuals affected by travel restrictions associated with coronavirus. It covers both Chinese nationals in the UK with a visa nearing its expiry, and non-Chinese, non EEA nationals normally resident in China who are currently in the UK, and British citizens currently residing in China. There is a dedicated coronavirus immigration helpline which can be contacted on 0800 678 1767 (Monday to Friday, 9am to 5pm) or by email: CIH@homeoffice.gov.uk.

Immigration Guidance for Individuals affected by Coronavirus travel restrictions

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“David’s service really exceeded my expectations and I couldn’t recommend him highly enough”

Client

“Thank you for your work…you have been clear and concise with the information and advice that has made it an easier process for me…I know who I will be advising people to use for employment advice in the future.”

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Anonymous

“I would just like to start by thanking you, most sincerely, for introducing me to your fantastic colleague Marta Mendiondo at Ince, who assisted me so ably with the immigration matter I reached out to you about back in March.

On her excellent advice, I successfully applied to the EU Settlement Scheme, as an interim means of confirming my right to live in the UK (!), until I return to the UK for a long enough stretch to apply for my first UK passport.”

- Anonymous