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.
You, Employment & Immigration
& Ince, in any case
Ince is a global full service legal firm. We help our clients with employment and immigration matters from our offices in London, Bristol, Gibraltar, Dubai, Hamburg and Singapore.
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 and help 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
News & insights on Employment & Immigration
Insights / FAQs: UK government consultation on flexible working
Flexible working is where an eligible employee agrees with their employer to permanently change their working pattern, hours or location. For example, they may request to work part-time, to work annualised hours, to work some days or hours from home or to change their working hours each day. This was originally just for those with childcare responsibilities but it was expanded to include all those who wanted to work flexibly. Apart from those with childcare responsibilities, other requests to work flexibly were relatively rare, but recently we are seeing more of our employer clients receive flexible working requests following the COVID-19 pandemic.
Insights / Two male employees dismissed to improve gender pay gap figures
In the case of Mr C. Bayfield and Mr C. Jenner v Wunderman Thompson (UK) Limited and Others, an employer was found to have discriminated against two employees on the grounds of sex when it selected them for redundancy in an attempt to improve its gender pay gap figures.
News / Supporting employee mental health and wellbeing in the workplace during a relationship breakdown
One in four people will experience mental health issues in their lifetime. This can have a significant impact on a person’s life, including their wellbeing and performance in the workplace. In this article, Susan J Williams, Partner and Head of Family (Cardiff), explores the significant impact mental health can have on relationships, and its role as a cause and consequence of a relationship breakdown.
News / New modern slavery offences sentencing guidelines published
The Sentencing Guidelines Council has today published the first sentencing guidelines for offences under the Modern Slavery Act 2015 (MSA).
Insights / 'Fire and rehire' in the spotlight: ACAS report on dismissal and re-engagement
What is “fire and re-hire”?
News / Ince Senior Immigration Consultant Marta Mendiondo speaks to ABC on the EU Settlement Scheme deadline
Our Senior Immigration Consultant, Marta Mendiondo, spoke to ABC, one of Spain’s biggest selling newspapers, regarding the deadline of the EU Settlement Scheme.
News / EU Settlement Scheme: New guidance for excess absences and paper forms available to download online
The Home Office has changed its approach to excess absences and will now admit periods exceeding 12 months for Covid-related reasons.
News / Attention European citizens: the government’s deadline to apply for the EU Settlement Scheme (EUSS) is fast approaching on 30 June 2021
Insights / The Future of the UK post-Brexit/post-pandemic: Alan Platt
Alan Platt, our Consultant Director of Immigration at Ince, runs you through some of the available immigration routes into the United Kingdom.
Insights / UK Immigration Route - Young Professionals Scheme
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.
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.
Insights / Immigration update February 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.
Insights / Supreme Court finds Uber drivers were 'workers' in successful case
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.
Insights / Employment Tribunals: raising a grievance not a bar to constructive dismissal claim
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.
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 / Anti-bullying week 2021 podcast series
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.
Insights / Lockdown part two in England: Furlough scheme extended
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.
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 / Job Support Scheme to replace Coronavirus Job Retention Scheme from 1 November
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.
Insights / Coronavirus Job Retention Scheme begins to wind down with changes from 1 September
From 1 September 2020, employers making use of the Coronavirus Job Retention Scheme will need to contribute 10% of a furloughed employee’s salary.
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.
Insights / Coronavirus Job Retention Scheme £1k bonus for employers
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.
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 / Statutory Sick Pay expanded as 'Test and Trace' system is launched
Statutory Sick Pay entitlement has been expanded today; the same day as the new “Test and Trace” system begins in England.
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.
Insights / Coronavirus and the workplace - what next?
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.
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.
Insights / Update: Coronavirus Job Retention Scheme eligibility date changed to 19 March 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.
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 / New right to Statutory Parental Bereavement Leave comes into force today
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.
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.
Insights / FAQs: A guide to the Coronavirus Job Retention Scheme
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:
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.
Insights / FAQs: How should my business manage absences during COVID-19?
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.
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: 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 / 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.
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