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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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.
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.
Ince Employer Issues Brochure 2020
Ince Immigration Brochure 2020
Ince Issues at Work Brochure 2020
Martin Pratt / Partner / London
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News & insights on Employment, Pensions & Immigration
Insights / Non-competes: The unreasonable case for reform
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.
Insights / Brexit : Workers moving from EU countries must now get a visa
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.
Insights / FCA Confirms that Non-Financial Misconduct is, actually, Misconduct
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.
Insights / Applying for the EU settlement scheme: the countdown has begun
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.
Insights / The Chancellor of the Exchequer announces new Job Support Scheme for UK employers
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.
Insights / UK Immigration route for British National Overseas Citizens (BNO) Resident in Hong Kong
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.
Insights / Consultancy in times of COVID
The COVID-19 pandemic has, for the time being at least, changed the way that we live and work.
News / UK Residency and Citizenship Opportunity for Hong Kong Residents
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.
Insights / Q&A: Changes to Coronavirus Job Retention Scheme
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.
News / Q&A: Returning to work and looking to the future in fashion and luxury retail
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.
News / Redundancy and Covid-19: Dealing with consultation in lockdown
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.
News / EU Update – Settled and Pre-Settled Immigration Status in the UK
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.
Insights / New guidance and concessions for foreign nationals currently in the United Kingdom
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).
Insights / New rules for passengers entering the United Kingdom from 8 June
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.
Insights / Working Safely During Covid-19: New Guidance for Employers
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.
News / Biometric Residence Permit Update – those expiring on 31 December 2024
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.
News / Coronavirus Job Retention Scheme 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.
News / Immigration: Domestic Violence
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.
Insights / IR35 and the Off Payroll Working Rules
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.
News / Coronavirus Job Retention Scheme
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.
News / The BEAT Covid 19 Measures (Gibraltar)
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.
News / COVID-19: Extended Visa for foreign nationals
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.
News / Visas extended for those currently unable to return home due to COVID-19
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.
News / COVID-19: Employment Q&A
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.
News / COVID-19 Job Retention Scheme
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.
News / Advice on how the current conditions may impact employees and employers in Gibraltar
Fiona Young is our Employment Expert and a board member of the GFSB (Gibraltar Federation of Small Businesses).
News / Coronavirus Advice: For Employees and Employers
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.
News / Immigration Guidance for Individuals affected by Coronavirus travel restrictions
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.
News / Post Study Work (PSW) visa
At this time of year many international students begin planning their undergraduate academic route and studies in the United Kingdom and looking at opportunities beyond their studies and graduation, which will allow them to work in this country.
News / The Points Based System – Version .02
Free Movement of EEA workers is ending on 31 December 2020 and the Government published a policy statement yesterday to introduce a new Points-Based Immigration System. This will apply to all migrants from 1 January 2021, whether or not they are from the European Union. It is branded as a new system, but it is essentially a repackage of current rules with a few changes to the details. On one hand the new rules will be more transparent and it will be easier for people to qualify for work visas. On the other hand, EU citizens will be unaccustomed to the idea, and considerable expense, of obtaining a work visa. In any event it is important that migrants and employers are prepared.
Insights / Brexit: what next for EEA workers?
The UK has finally left the EU and the Government plans to have a deal in place by the end of 2020. What does this mean for EEA workers already in the UK and what will happen next?
News / The UK Government announced the closure of the Exceptional Talent immigration route
The UK Government has announced with effect from 30 January 2020 the closure of the Exceptional Talent immigration route into the UK and replaced it with a more flexible and inviting possibility, the Global Talent immigration route, which is designed to encourage skilled, gifted and recognised individuals in the fields of science, medicine, research, digital technology, the arts and culture (which includes the brightest and best working in the film industry, television, fashion design and architecture).
Insights / Ince Brexit Q&A Series
The UK’s decision to leave the European Union continues to create a complex and unprecedented level of uncertainty in the UK, the EU and beyond. It brings significant regulatory, financial and operational implications to individuals and businesses of all sizes.
Insights / Brexit Q&A: Immigration
With the departure of the UK from the EU, the end of free movement will bring substantial changes to the immigration landscape in the UK. All EEA and Swiss citizens living in the UK have to apply for status under the EU settlement scheme to retain their current rights.
Insights / Brexit and UK Immigration Considerations Going Forward
At a recent event, Alan Platt and Marta Mendiondo discussed the requirements for EEA citizens to secure their rights in the UK after Brexit. They also gave some insight into the new immigration routes available after the UK’s departure from the EU.
News / Think-tank worker pay proposals could cause ‘significant conflict of interest’
This article was first published by LexisNexis on 11 October 2019 The cross-party think-tank the Social Market Foundation (SMF) has called for corporate governance laws to be tightened to increase pressure on bosses to help workers increase their pay over time. This call was set out in the think-tank’s second research paper on the subject of pay progression for low-paid workers, which covers the role of corporate decision-making. The authors of the report outline numerous policy recommendations, including new duties for directors and the tailoring of pay expectations for different sectors. Martin Pratt, partner at Ince, contends that, if implemented, the SMF’s proposals could create a conflict of interest for directors between their duties to company shareholders and employees.
News / The end of free movement for European Economic Area (EEA) citizens already living in the UK – what does it mean for you and what are the latest developments?
The UK Government has recently announced guidance around the end of free movement for European Economic Area (EEA) citizens already living in the UK, or arriving after the date of Brexit. Based on the UK leaving the EU on 31st October with no deal, we have provided information and recommendations for EEA citizens who need to retain their right to live and work in the UK.
News / UK Government to re-introduce Post Study Work Visa from next year
The UK Government has today announced their plan to re-introduce the Post Study Work Visa from next year. This was a UK immigration route that closed in April 2012 and previously allowed foreign students studying in this country at degree level to enter the job market following successful graduation via a two year work visa.
Insights / Employers’ Brexit Q&A
The UK Government has just announced the details of its proposed immigration system after Brexit. This Q&A aims to address employers’ concerns about their workforce and what, if anything, they need to do.
News / UK cracks down on investor visas
The Home Office has today announced the suspension of the Tier 1 (Investor) immigration route into the United Kingdom with effect from Friday 7 December 2018, as part of a crackdown on financial crime and money laundering.
News / Is a five-month cessation of activities long enough to disapply TUPE?
The ECJ in Colino Sigüenza v Ayuntamiento de Valladolid and others (Case C-472/16), considered whether the Acquired Rights Directive applied when there was five-month gap between the termination of a concession to run a public school and resumption by another contractor.
News / Insolvency and corporate governance: New powers to tackle reckless directors
The Government has responded to the consultation by the Department for Business, Energy & Industrial Strategy (BEIS) and The Insolvency Service on proposals to improve the corporate governance of firms that are in or approaching insolvency.
News / How important is the temporary nature of assignments in determining whether an employee is an agency worker?
In Brooknight Guarding Limited v Matei , the EAT considered the importance of the temporary nature of an assignment in determining whether a worker on a zero hours contract is an agency worker.
News / National Minimum Wage penalties for employers with staff who transfer under TUPE
HMRC has changed its approach to how it apportions National Minimum Wage liabilities, including penalties, between the former employer and new employer in a transfer situation.
News / The status of legal privilege in employment advice
In X v Y Ltd  the EAT considered whether email advice that a firm could use a redundancy exercise as a “cloak” to dismiss an employee provided sufficient evidence of iniquity to prevent legal professional privilege being claimed over its contents.
Insights / Government Committee makes recommendations on Post Brexit Visa system
The Migration Advisory Committee last week published its proposals for the UK work visa policy once the UK has left the European Union. The Government has historically adopted the vast majority of the MAC’s proposals, however, with Brexit negotiations at a critical stage it remains to be seen what their response will be.
News / Does an employee need to read a notice of dismissal?
Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood  UKSC 22
News / Must an employer know that misconduct arose from a disability?
The Court of Appeal in City of York Council v Grosset , considered whether, following the dismissal of a disabled employee, discrimination arising from disability had occurred despite the employer not knowing that the misconduct arose from their disability.
News / GDPR: Where now for HR?
Following the implementation of the General Data Protection Regulation (GDPR) on 25 May 2018 a new focus on data privacy will require that the GDPR becomes embedded in the compliance framework for organisations. The flurry of activity in ensuring policies and procedures were put in place needs to be matched with an energy to sustain compliance and avoid punitive sanctions that can now be applied. Whilst the Information Commissioner’s Office in the UK is still developing its own objectives of how it will take and enforce regulatory action there is still time to map out an organisational wide approach to good data protection governance. One area in particular that is impacted by GDPR changes is in the employment arena. Employers need to change their approach to workforce data collection and processing activities. HR related data protection operations need to take into account many factors and we have highlighted the following key changes required by the GDPR.
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