Martin Pratt / Partner, Head of Employment & Immigration / London
M +44 (0) 7951 499 934
D +44 (0) 20 7518 0287
Our employment law and immigration team work with clients to resolve high-level complex issues, deliver cost savings, and identify and manage labour and immigration law risks.
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 and Hamburg.
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 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; we can anticipate the tactics they will deploy, and understand exactly what our clients will face.
Our dedicated immigration team support the movement of 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 also advise EU nationals and their family members who face complications on remaining in the United Kingdom under the EU Settlement Scheme (EUSS).
For pensions and employee benefits-related support, please see our consulting page.
Bringing claims for unfair or wrongful dismissal
Defending claims for unfair or wrongful dismissal
M +44 (0) 7951 499 934
D +44 (0) 20 7518 0287
Following the UK Government's announcement that the Retained EU Law (Revocation and Reform) Bill will be amended to remove the "sunset clause", it has proposed consultation on three areas of employment law.
Most of us remember the former Home Secretary Amber Rudd famously stating that the EU Settlement Scheme (EUSS) application would be as easy as setting up an online account at LK Bennett. Reality has told us otherwise. More than six million applications later, what was meant to be a simple process for all European Economic Area (EEA) citizens has inevitably unveiled more complex scenarios, some of them which were not envisaged when drafting the new rules under Appendix EU.
From late 2018, most EEA citizens and their family members have applied to the EU Settlement Scheme (EUSS) to retain their residency rights in the UK. The scheme offers a relatively flexible and approachable, simplified process to obtaining a UK visa, with generally quick results, though there are shortcomings in communications within the scheme.
Indian nationals aged between 18 to 30 years old will be able to live and work in the UK for up to two years under the new 'Young Professional Scheme', designed as a cultural exchange programme that allows people to experience life in the UK.
This article explains the potential pitfalls of a student visa application, even if the process is seemingly straightforward. We have corrected many mistakes made by applicants and their parents, particularly for EEA students, who are not aware of the Home Office timings, requirements and process.
At Ince, we have assisted numerous European applicants in obtaining visas to study in the UK after Brexit. These are normally fast, straightforward applications, however, some occasional problems can arise later on if the student starts on the wrong path.
We are all familiar with the idea of part-time workers, but some people only work part-year, including private music teachers, examination invigilators, supply teachers, care workers, seasonal workers, bank staff, and others.
Drawing on Elon Musk's recent acquisition of Twitter, we explore some of the ways businesses can reduce their risk of post-acquisition, merger or settlement disputes.
23-11-2022 / Private Wealth
The one thing we all knew before the Chancellor stood up to deliver the autumn budget on Thursday 17 November was that it would be painful – the unknown was precisely how painful.
14-11-2022 / Energy & Infrastructure
Homeworking and hybrid working have become 'the norm' following the pandemic. However, there are many legal and tax issues for employers to consider, as we move from working from home requirements during the pandemic, to choosing or being asked to work remotely, even for part of the week. This webinar addresses these issues and we are delighted to co-host it with Bath-based chartered accountants and tax advisors, Richardson Swift.
Over the last few years, we have seen a vast amount of employees working from home, altering their hours and diverging away from the traditional working environment. Employees have become increasingly aware of their rights and in particular their rights in relation flexible working arrangements. The present climate of employees makes it essential for employers to know how to deal with flexible working requests and the criteria they need to consider.
23-06-2022 / Insurance
We are delighted to announce that Dan Crockford has recently been appointed as Head of Office for Ince (Bristol).
We are pleased to share that we have been recognised for our early career opportunities and graduate recruitment practices at The AllAboutLaw Awards 2022.
Investors have been scrutinising businesses not just on their financial performance but also on their record on the Environment, Social and Governance factors since the 1960s. However, the reach of ESG has widened significantly in recent years. It is now not just investors looking at a business’s ESG record but also customers, suppliers and, crucially, current and prospective employees.
Data subject access requests are often used by employees tactically when in dispute with their employer, for example to cause a nuisance or to obtain information earlier than the disclosure deadline set by the Tribunal. We have answered below some of the myths we see around these requests.
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.
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.
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.
The Sentencing Guidelines Council has today published the first sentencing guidelines for offences under the Modern Slavery Act 2015 (MSA).
What is “fire and re-hire”?
Our Senior Immigration Consultant, Marta Mendiondo, spoke to ABC, one of Spain’s biggest selling newspapers, regarding the deadline of the EU Settlement Scheme.
The Home Office has changed its approach to excess absences and will now admit periods exceeding 12 months for Covid-related reasons.
Alan Platt, our Consultant Director of Immigration at Ince, runs you through some of the available immigration routes into the United Kingdom.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
From 1 September 2020, employers making use of the Coronavirus Job Retention Scheme will need to contribute 10% of a furloughed employee’s salary.
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.
The COVID-19 pandemic has, for the time being at least, changed the way that we live and work.
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.
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.
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.
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.
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.
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.
Statutory Sick Pay entitlement has been expanded today; the same day as the new “Test and Trace” system begins in England.
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).
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