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Recruitment Watch

Issue 22: November 2022

Recruitment Watch

Editor's Note

Nick Davis - Mishcon de Reya

Welcome to our Winter edition of Recruitment Watch, in which we look at the legal issues that are currently shaping the recruitment sector.
In this edition, we consider the impact of the Government's October U-turn on the previous month's proposed repeal of the IR35 off-payroll working rules. We provide guidance on managing discrimination in the workplace in light of the Employment Tribunal's findings in the Maya Forstater case and there is a podcast with some interesting insights into the impact of the MeToo movement over the past five years.

Read the full note


IR35 announcements encourage recruitment services sector to examine supply chains

In the Government's Autumn Statement, the then-Chancellor Kwasi Kwarteng announced the repeal of the recent IR35 reforms and a return to the 'old' IR35 rules from 6 April 2023. This potentially would have seen contractors once again being responsible for assessing their employment status for tax purposes and accounting to HMRC for tax if 'inside IR35'.

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#MeToo: what's changed in the last five years?

In this new podcast, Joanna Blackburn and Susannah Kintish, Partners in our Employment team, discuss changes in perspectives and behaviours following the momentum of the #MeToo movement.  They also reflect on the regulatory implications, internal investigations, NDA's, the rise of social media, reputational issues and so much more.

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The effect of furlough payments on business interruption insurance claims

The English Commercial Court has delivered a number of notable decisions addressing questions concerning cover provided by business interruption (BI) insurance policies for losses arising as a result of COVID-19 which had remained unanswered following the FCA's 2020 test case, and its subsequent appeal to the Supreme Court.

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Employers – the true cost of health and safety non-compliance

Current UK health and safety regulations impose a number of responsibilities under the current criminal law regime on the "dutyholder" – most commonly the employer or owner of a business who has the duty to secure the health and safety of employees and non-employees.

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Launch of new Scale-up Visa

On 22 August 2022, the Home Office launched a new Scale-up visa route for high-growth UK companies to recruit highly-skilled talent from overseas. The new visa offers more flexibility and agility than the current Skilled Worker and Global Business Mobility Senior and Specialist Worker visa routes.

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