Victory After Two Decades: Successful 20 Years Long Residence Visa Application

Securing legal residency after two decades of living in the UK under uncertain circumstances can seem like an insurmountable challenge. However, for many individuals who have built their lives in the country despite their unlawful status, obtaining a visa can become a reality with the right approach and supporting documentation. In this article, we outline what is needed to support a 20 years long residence application, as well as a case study involving a couple we helped in this application.

The Journey to Legal Residency

For individuals who have resided unlawfully in the UK for an extended period, the pathway to legal residency often begins with understanding the eligibility criteria for the 20 years unlawful residence visa. This visa category allows individuals who have lived continuously in the UK for 20 years or more to apply for legal status, provided they meet certain requirements under the immigration rule.

Supporting Documents Needed

Proof of Continuous Residence

One of the primary requirements for the Long Residence Visa is evidence of continuous residence in the UK for the entire 20-year period. This can include rental agreements, utility bills, bank statements, and employment records spanning the two decades.

Financial Records

Applicants must demonstrate their ability to support themselves financially without recourse to public funds. This necessitates providing evidence of stable employment, income tax records, and bank statements to prove financial stability.

Character References

Character references from reputable individuals in the community can strengthen the applicant’s case by attesting to their good moral character and contributions to society during their time in the UK.

Life Establishment in the UK

Documentation illustrating the applicant’s integration into UK society, such as enrolment in educational institutions, membership in community organizations, or participation in cultural events, can further bolster their application.

Medical Records

Applicants may need to provide medical records to demonstrate any ongoing medical conditions or treatment received during their time in the UK, highlighting their ties to the country’s healthcare system.

Successful Lisa’s Law Case Study

This successful story involves a couple who approached Lisa’s Law seeking professional legal advice on whether they could regularise their stay after over 20 years of unlawful residency in the UK. After being caught by the immigration authority and detained, they found themselves in a precarious situation after overstaying their visa in the UK.

Despite their initial apprehensions, the couple embarked on the journey of regularising their status through the 20 years long residence visa route. With the guidance of our immigration experts at Lisa’s Law, we helped with thorough preparation of supporting documents and drafted legal submissions to the Home Office. The couple successfully submitted their application after 20 years of living in the UK on 27 July 2023. They were subsequently granted leave to remain in the UK on 02 February 2024 under the private life route.

Securing legal residency in the UK after 20 years of unlawful residence is undoubtedly a challenging endeavour. However, with the guidance from Lisa’s Law’s professional immigration caseworkers, along with the right documentation, many individuals like the couple above can navigate this process successfully, paving the way for a brighter and more secure future in the country they call home.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

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James Cook

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New Director Appointed at Lisa’s Law

We are delighted to announce that Immigration Supervisor, Mahfuz Ahmed, has been appointed as a Director at Lisa’s Law. Mahfuz becomes the third Director at the firm, along with Managing Director, Chuanli Ding and Solicitor, Felix Otuoke.

Mahfuz’s role as Director will be to oversee and lead efforts to foster the growth and development of our legal assistants, paralegals and trainees. This process aims to ensure a seamless transition for staff progressing to become solicitors and caseworkers.

At the same time, Mahfuz will ensure staff remain dedicated to the core principle of delivering the best value and client care for our clients, as well as consistently meeting our highest standards of excellence. In essence, he will aim to align our team’s development with the values of outstanding client service.

Mahfuz Ahmed, Immigration Supervisor:

‘I’m really excited about becoming a Director at Lisa’s Law. I believe my experience will help the firm grow, and I’m all set for this new challenge. I’m part of a fantastic team that supports and encourages each other, and I’m ready to work hard with them to make our immigration department even better.

I’m eager to team up with our paralegals and trainee solicitors, ensuring they receive the support necessary to evolve into solicitors and caseworkers, all while delivering excellent customer care for our clients.’

Managing Director, Chuanli Ding added:

I am very pleased that Mahfuz has been appointed as a director. He will act as a first point of contact and mentor for Lisa’s Law’s legal assistants, paralegals and trainee solicitors and is responsible for their career development. Staff are the cornerstones of Lisa’s Law’s continuous success. I am proud that Lisa’s Law has a designated director to support their growth. With Mahfuz’s experience and knowledge, I believe that they will receive clearer and more prompt guidance in their career progression.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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James Cook

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Unfair Dismissal – a Guide for Employers and Employees

In today’s article, we will examine what happens when an employer unfairly sacks an employee, which is known as unfair dismissal. You can read our fair dismissal article, which explains the circumstances in which your employer can dismiss you fairly, by clicking here.

While employers are allowed to dismiss (also known as sack) their employees, there are certain rules which they must conform to. This includes having a legitimate reason for dismissing an employee, as well as the process followed when dismissing an employee. Like fair dismissal, unfair dismissal is also set out in the Employment Rights Act 1996.

When might a sacking be classed as unfair dismissal?

The first thing to establish is the basic facts about the dismissal. It might be unfair dismissal if any of the following apply:

An employee worked for their employer for at least 2 years
There was no fair reason for the dismissal i.e. the reason given was not the real one
The reason was not enough to justify dismissing them. Hence it is deemed unfair.
The employer did not follow a fair procedure e.g. failing to give warning prior to the dismissal

If you have been dismissed, then your employer should automatically tell you the reason for the dismissal. If they don’t, you can ask them for this information.

What reasons are automatically classed as unfair dismissal?

Even if an employer has acted reasonably, some reasons for dismissal are classed as automatically unfair. These reasons can be relied on by employees who have worked for their employer for less than two years when it comes to an unfair dismissal claim. These include the following:

pregnancy, including all reasons relating to maternity
family, including parental leave, paternity leave (birth and adoption), adoption leave or time off for dependants
acting as an employee representative
acting as an occupational pension scheme trustee
joining or not joining a trade union
acting as a trade union representative
took part in legal industrial action that lasted 12 weeks or less
being a part-time or fixed-term employee
reporting certain types of wrongdoing in the workplace – known as whistleblowing
were forced to retire (compulsory retirement)

What if you think you have been discriminated against?

If you think you have been discriminated against because of a protected characteristic, this could be classed as discrimination under the Equality Act 2010. As a result, this could mean that you are able to make a claim to an employment tribunal for both discrimination and automatic unfair dismissal. We covered a case involving a solicitor fired due to direct race discrimination here.

Protected characteristics include the following:

age
disability
gender reassignment
marriage and civil partnership
pregnancy and maternity
race
religion or belief
sex
sexual orientation

Furthermore, if you work more than one job, your dismissal can also be classed as automatically unfair if the following apply:

if you are on a zero hour contract
if your average weekly wage is less than £123 per week

How long do you have after dismissal to make a claim to an employment tribunal?

If you believe that you have been dismissed unfairly, it is important that you act promptly. Following dismissal, you have just three months minus one day from the date your employment ends to make a claim to an employment tribunal. However, prior to this you need to inform Acas (Advisory, Conciliation and Arbitration Service) of your intention to file a claim.

Acas will provide you with the opportunity to resolve the conflict through their complimentary ‘early conciliation’ service before resorting to tribunal proceedings. Furthermore, if you are a member of a trade union then it is advisable then you speak to your trade union representative.

If you were given a notice period, this date will be from the date that your notice period ends. If you were not, then it will the date you were dismissed from your job.

How can you challenge a dismissal?

If, after assessing the criteria, the employee thinks their dismissal was unfair, and more importantly, they want to challenge it, the employee can appeal through the employer’s appeal process. If your employer fails to give you the opportunity to appeal, this can be held against them if the case later goes to an employment tribunal. Your employer should explain the process of appeal in their disciplinary and grievance policy. You should appeal the dismissal in writing to your employer if the process is not explained in their policy.

The appeal process will consist of your employer taking another look at your case to assess if the procedure was followed fairly and the outcome was fair. The person who carries out your appeal and investigation must not have been previously involved in your case in order to make it as fair as possible. Where possible, they should also be senior to anyone who carried out your case previously.

Our thoughts

In summary, it is important to note that unfair dismissal is not a desirable outcome for anyone, either employers or employees. For employers, it can result in costly legal action and/or the reinstatement of the employee, while for employees it means the loss of a job, either temporarily or permanently. This causes divisions which may be unlikely to dissipate.

To foster and maintain a healthy working environment, employers and employees should be aware of their rights and responsibilities at work, notwithstanding the dismissal process. We would recommend that employers should always follow the correct procedures when dismissing an employee, as well as ensuring that they do not dismiss staff for a reason which is not legitimate.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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James Cook

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How can you protect commercial property against severe weather events?

While the UK has a reputation for its relatively mild, albeit rainy weather, at times it can become more serious. Some time ago, the UK experienced severe weather, leading to us receiving many enquiries from customers regarding commercial properties that suffered from flooding which caused water leakage, repairs and other losses.

With the prediction of future environmental and weather trends, the challenges faced by owners or lessors may become more severe. Therefore, we hope to point out some factors that should be taken into consideration when assessing your commercial property insurance. Commercial property building insurance is vital to protecting your property and assets from unexpected events such as severe weather and flooding.

Adequate Coverage

Make sure your policy provides adequate coverage for reconstruction or repair costs in the event of severe weather or flooding. Review your policy regularly to make sure it keeps pace with inflation and the current market value of your property.

Exclusions and Limitations

Pay close attention to the specific exclusions and limitations in your policy. Some policies may exclude certain types of weather-related losses or have limits on coverage for flood damage. For any ambiguous terms or provisions, seek clarification from your insurance provider.

Policy Extensions and Riders

Consider additional coverage options or policy extensions that specifically address severe weather and flood risks. This could include losses from business interruption, debris removal, temporary relocation expenses or storm-related power outages.

Maintenance and risk management

Minimize the risk of damage from severe weather by regularly maintaining your property. This may include inspecting and repairing roofs, gutters, and drainage systems, as well as ensuring proper insulation and waterproofing. Insurance companies may deny a claim if they believe the damage was caused by inadequate maintenance of the property.

Flood Risk Assessment

If your commercial property is located in a flood-prone area, it is crucial to assess the flood risk. Consider investing in a flood risk assessment to determine the likelihood of flooding and take appropriate precautions, such as installing flood barriers or elevating valuables above ground level.

Contingency Plan

Develop and regularly update an contingency plan that outlines steps to be taken before, during and after a severe weather event or flooding. These can include procedures such as evacuating people, shutting off utilities, securing the premises, and contacting your insurance provider to initiate a claims process.

Seek professional advice

Consider speaking with an insurance broker or risk management professional who can provide guidance on your specific commercial property and insurance needs. They can help you navigate complex insurance terms, identify potential coverage gaps, and ensure you have adequate protection against severe weather and flood risks.

Commercial Tenants

Make sure you understand your rights and responsibilities under your lease and building insurance policy. There are a large number of commercial tenants who are unaware of their responsibilities such as maintenance insurance for their commercial rental properties. We recommend that when signing a commercial lease, the maintenance and insurance terms should be clearly stated, and corrections and modifications should be made with the owner in a timely manner. After any damage occurs, check the terms of the lease promptly and take appropriate action.

Our thoughts

In summary, being proactive, well-informed and adequately insured will help reduce the hazards and challenges associated with severe weather and flood risks.

We recommend two reports from the Bank of England to readers interested in learning more about climate change and the insurance industry:

1) The impact of climate change on the UK insurance sector

2) Results of the 2021 Climate Biennial Exploratory Scenario (CBES)

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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Immigration Salary List Rapid Review Published

On 4 December 2023, the Home Secretary announced several changes to the immigration system related to the Skilled Worker (SW) route. The Migration Advisory Committee (MAC) subsequently published its rapid review of the Immigration Salary List (ISL) on 23 February 2024 after being commissioned by the Home Secretary James Cleverly.

The Immigration Salary List will replace the current Shortage Occupation List (SOL) from April 2024. The main benefit of inclusion on the ISL is to allow employers to recruit migrant workers on a salary below the general threshold.

As this was a rapid review, the MAC only looked at jobs on the current SOL, and those which it previously recommended were added and have not been yet (65 in total). The rapid review is set to be followed by a more comprehensive analysis of the ISL which will take place later in 2024.

Its report recommends that 21 occupations be included on the ISL. This represents 8% of job roles eligible for the skilled worker immigration route. Previously, approximately 30% of job roles eligible for the skilled worker were on the SOL.

What changes are being implemented?

Below is a summary of changes in immigration rules related to the Government announcement (to be implemented from April 2024) includes:

Salary discount

The current 20% salary discount (previously known as the going rate) in shortage occupations is expected to end. The list will become the ‘Immigration Salary List’ instead of the ‘Shortage Occupation List’.

Skilled Worker route (except the health & care worker visa)

A new increase in the minimum salary required on the Skilled Worker visa from £26,200 to £38,700 from 4 April 2024
Migrant workers must be paid this unless their role is covered by the ISL, which allows employers to recruit migrant workers on a salary below the general threshold.
For occupations which are on the ISL, they will have a general salary threshold of £30,960 or their occupation- specific threshold, whichever is higher.

Health & Care Worker (H&CW) visa

An exemption recognising the public value and the government stated to “continue to bring the healthcare workers that our care sector and NHS need”.
The general threshold of £29,000 rather than £38,700, which continues to be the 25^th percentile of salaries uprated to the latest data.
For occupation on the ISL, a threshold of either £23,200 or their occupation-specific threshold, whichever is higher.

The MAC has recommended 21 occupations be placed on the ISL, including:

Clinical psychologists
Electrical engineers
Boat and ship builders and repairers
Pharmaceutical technicians

What recommendations have been made in the rapid review?

The rapid review also returns to previous recommendations including:

Concern about ongoing low pay for public sector and careworkers (and a ‘widening divide occurring because of the increasing salary demands placed on the private sector, whilst occupations that are publicly funded receive exemptions from these thresholds’)

The impact of the April Rules changed on use of the ‘new entrant’ threshold (which provides a 30% discount on the occupation- specific threshold and a 20% discount on the general salary threshold for applicants who are under 26 or otherwise meet the definition)

Asylum seekers granted the right to work should be allowed to work in any job or at least any job eligible for the Skilled Worker route, and

In relation to the Creative Worker route (removing the resident labour market test references and attaching a minimum salary threshold)

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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Lisa’s Law Helps Human Trafficking Victim in Successful Asylum Appeal Case

Amidst the harrowing tales of human trafficking, a beacon of hope emerges with the outcome of a successful asylum appeal case of an individual who had endured the horrors of modern-day slavery. The Upper Tribunal’s landmark decision overturns a previous ruling. This new ruling recognises the plight of our client, a Chinese national who was trafficked into the country under the guise of debt repayment.

The appellant’s journey from victim to survivor is a testament to her resilience and the pursuit of justice. This article delves into the details of her ordeal, the legal battle for asylum, and the implications of this victorious asylum appeal for future trafficking survivors seeking refuge and redemption in the United Kingdom.

Background of the case

The individual appealing is a Chinese national, born in 1975, who was trafficked into the United Kingdom in December 2013 under the guise of repaying a debt incurred by her husband. She was trafficked into prostitution by the trafficker and forced to perform unpaid sex work. After a police raid on the brothel where she was held, she was rescued and freed.

Subsequently, she claimed asylum, citing ongoing fear of the loan sharks responsible for her trafficking. While she was recognised as a victim of modern slavery after a referral to the Single Competent Authority in January 2022, her asylum application was initially refused on 02 April 2022. However, upon appeal, the First-Tier tribunal’s decision on 14 June 2023 was found to contain a legal error. The Upper Tribunal granted permission to appeal, leading to a decision in favour of the appellant on 10 October 2023.

Facts of the case

The appellant lived in China with her ex-husband and son before being trafficked to the United Kingdom. The ex-husband had struggled with employment, drinking, and gambling since 2006, often becoming abusive when intoxicated. His financial troubles escalated, leading him to borrow large sums of money. This escalated to the point where he eventually owed 100,000 RMB to the loan shark with interest payable. To repay this debt, he borrowed even more, placing the appellant in a precarious situation. Loan sharks began harassing the appellant regularly, visiting and damaging her home, frightening her son, and physically harming her.

In 2013, the idea of going to the UK for work was proposed by the loan sharks, promising high-paying jobs. They arranged for the appellant to travel with a man to the UK, where upon arrival, she was introduced to a couple who forced her into prostitution where she was taken to a brothel. Despite initial refusal, she was coerced through violence, citing her inability to repay her ex-husband’s debt as justification.

Following a police raid on the brothel in 2014, the appellant was taken to the police station but did not seek asylum due to fear and lack of knowledge about the asylum process. After leaving the station, she found herself homeless until meeting another Chinese national who offered her shelter and food in exchange for household help.

The appellant claimed to fear returning to China, believing the loan sharks will locate and harm her for escaping the brothel and failing to repay the debt. Additionally, she fears further abuse from her ex-husband upon her return.

The issues of the case

The issues in disputes were whether:

1. The Appellant has a well-founded fear of persecution or faces a real risk of serious harm in China.

2. The Appellant can obtain sufficient protection in China from the identified risks.

3. The Appellant can reasonably internally relocate to escape those risks.

4. The Appellant would face very significant obstacles to integration.

5. The Appellant’s removal is a disproportionate interference with Article 8 ECHR.

How we dealt with the issues

Although it was acknowledged that the appellant had fallen victim to modern slavery due to outstanding debt owed to a loan shark, we have facilitated the appellant in providing clear evidence to explain the disputed aspects of her case.

Initially, the Home Office contended, under Section 8 of the Asylum and Immigration Act 2004, that the appellant arrived in the UK in December 2013 but did not seek asylum until April 22, 2020, following her arrest by the police on June 13, 2014. The Home Office questioned why she did not regularize her status during the six years following her release from the police station, attributing this delay to behaviour they deemed unreasonable. While it was acknowledged that trauma may have contributed to her delay in seeking asylum, particularly given her support network’s inquiries about her immigration status, the Home Office deemed a six-year delay unreasonable.

While it was reasonable for the Home Office to present such arguments, it is important to recognize that recovery from traumatic experiences, such as those endured by the appellant, cannot be expected within a set timeframe. Furthermore, as a non-professional, the appellant may not have been fully aware of the asylum claiming process. Her continued post-traumatic symptoms, such as sleep difficulties and depression, further attest to her ongoing mental health struggles.

Expert report provided evidence

We relied on a country expert report detailing the challenges the appellant would face upon return to China, including difficulties in relocating within the country and re-establishing her identity, hindering her access to state benefits and integration into society while still being exploited.

However, during the 1^st hearing of the first-tier tribunal, doubts were raised about the validity of the expert report. We worked with the expert to clarify the report’s sources, ensuring its reliability and legitimacy.

In addition to the expert report, we assisted the appellant in drafting a detailed witness statement to address the Home Office’s refusal of her asylum claim, providing necessary clarifications as requested by the court. This was a crucial step in securing victory for her case, enabling the court to gain a comprehensive understanding of her situation.

It was emphasized that the focus of the dispute should not be on identifying the instigator of the problem, but rather on recognizing who faces the genuine risk of harm as a result of the situation. Additionally, it was pointed out that for the appellant to reclaim her identity in China, she would inevitably have to return to the region where the initial harm occurred.

Consequently, it would be impossible for her to do so without attracting the attention of the loan shark in her local area. It was argued that the appellant lacked family support due to their fear of retaliation from the loan sharks, who had previously threatened them with violence.

Moreover, the appellant feared that her ex-husband might disclose her whereabouts to the loan sharks if he knew her location, increasing the risk of being located if she attempted to relocate. Considering her mental health condition, it was asserted that the appellant fell into a highly vulnerable category and would be susceptible to further abuse and exploitation if forced to return to China.

The outcome of the case

On 08 February 2024, before the Deputy Upper Tribunal judge, it was determined that little significance should be attached to the fact that the appellant has remained within a 7-mile radius of where she was held as a victim of modern slavery, despite having no further contact with her traffickers. This decision was based on the understanding that the appellant was trafficked to a densely populated area of the United Kingdom, making such proximity subjective. Additionally, the judge noted that the appellant took steps to avoid interactions with Chinese individuals and minimized her outings over the intervening years.

The judge further concluded that although it was the appellant’s husband who borrowed money to settle his gambling debts, as his spouse, she was equally held responsible and was trafficked to settle that debt.

Victim unaware she could claim asylum

Regarding the delay in seeking asylum, the appellant stated that she was unaware she could claim asylum at the police station and feared being detained. The expert report suggested that the delay was also influenced by the stigma attached to having been coerced into sex work by traffickers, as sex workers in China face discrimination. Despite the prolonged delay, the judge found the appellant’s reasons credible, particularly considering her ongoing psychological therapy and medication for depression and anxiety.

The risk posed by the loan sharks was addressed by the expert, who found the appellant’s account consistent with known tactics used by such individuals. The judge determined that the loan sharks likely maintained interest in the appellant due to her unpaid debt incurred during her enslavement period. The illegality of money lending was deemed irrelevant, as evidence indicated continued operation of loan sharks, particularly in cases of historic unpaid debts.

Therefore, applying a lower standard of proof, the judge concluded that there was a reasonable likelihood of the appellant facing persecution from the loan sharks, who were deemed affiliated with or inseparable from the trafficking gang responsible for her forced sex work in the United Kingdom.

The judge suggested that there is a genuine risk of detection by the loan sharks and the appellant’s ex-husband if she were to attempt to re-establish her identity in China, as this would entail returning to her previous residence. Alternatively, failing to register would heighten her vulnerability to re-trafficking, as she would be unable to access state support, such as healthcare, shelter, or assistance to prevent destitution, given her status as an unregistered individual.

Would face genuine harm if returned to China

After carefully considering the credibility of the Appellant’s account, the judge determined that she would face genuine harm if returned to China, particularly from the loan sharks who orchestrated her trafficking to the United Kingdom in 2013. Additionally, based on expert evidence and considering the Appellant’s vulnerability, depression, and anxiety—which are likely to worsen upon her return—the judge finds that there is a reasonable likelihood she would be at risk of re-trafficking, either by her initial traffickers or by a different group.

As a result, the judge allowed the appeal because the removal of the Appellant to China would be contrary to Article 3 of the European Convention on Human Rights and/or a breach of the 1951 Convention on Refugees due to her affiliation with a specific social group, namely, trafficked women. Consequently, the judge determined that the Appellant would face very significant obstacles to integrating into society in China, contrary to the guidelines outlined in Appendix Private Life of the Immigration Rules.

The triumph comes with the appellant’s successful appeal on both protection and human rights grounds.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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EHRC Investigation Reveals Racial Discrimination Practices at Pontins Holiday Parks

Pontins is a historic holiday park company, which at its height, had a number of parks up and down the country. It now runs just two, and recently found itself in hot water over a racial discrimination investigation by the Equality and Human Rights Commission (EHRC).

This investigation has resulted in Pontins being served with an unlawful act notice based on several clear breaches of the Equality Act 2010 for discrimination targeted towards Gypsies, Travellers, their associates, and those they suspected of being Gypsies and Travellers.

Keep reading to find out more about this case and to learn more about race discrimination law in the UK, as well as how your business can ensure that you comply with such laws.

Background

The origins of this report dated back to March 2020, when information was received from a whistle-blower stating that Pontins had discriminated against Gypsies and Travellers. The information disclosed by the whistle-blower included an ‘Undesirable Guest List’, which featured 40 names of Irish origin. This was used to identify suspected Gypsy and Travellers guests in order for Pontins’ staff to more easily to cancel or refuse their bookings.

In February 2021, the EHRC entered into a section 23 agreement with Pontins as per the Equality Act 2006. This required Pontins to carry out an action plan and provide evidence of how they were carrying out prevention of future acts of discrimination against Gypsy and Travellers. However, just shy of a year later, the EHRC terminated the section 23 agreement due to Pontins’ breach of the terms.

The EHRC identified that Pontins had failed in its requirement to review its terms and conditions in order to assess whether they were either directly or indirectly discriminatory against Gypsies and Travellers. Furthermore, Pontins concluded that their list of surnames was justified and that it was not used for a discriminatory purpose.

A few months later, the EHRC launched an investigation which examined whether Pontins had committed unlawful acts of race discrimination. These included those that they perceived or suspected were either Gypsies, Travellers, are those who were associated with them such as friends or families.

What are the discrimination rules under the Equality Act 2010?

As a holiday company, Pontins is deemed to be a service provider under the Equality Act 2010. Discrimination against guests can entail the following:

Refusal to provide a service
The terms on which a guest’s holiday is provided
Terminating the holiday
Subjecting guests to any other detriment

The racial discrimination discussed in this report focuses on whether Pontins committed unlawful acts of discrimination against Gypsies and Travellers. However, it also includes guests or potential guests that Pontins either perceived or suspected of being Gypsies or Travellers.

How is discrimination defined under the Equality Act 2010?

The nature of Pontins discrimination against Gypsies and Travellers was multi-faceted. The EHRC found Pontins to be responsibility for direct, indirect and associated discrimination, all of which are defined as unlawful under the Equality Act 2010. These distinct forms of discrimination are defined as follows:

Direct discrimination

Direct discrimination includes when a person discriminates against another person because of a protected characteristic. Or, if they treat a person with a protected characteristic less favourable than they treat others.

In the case of race-based direct discrimination, less favourable treatment includes segregating a person from a specific race from others.

Pontins committed direct discrimination based on their identification of Irish Travellers and use of systems and databases to ban Irish Traveller guests and their associates. This includes those who they perceived to be Irish Travellers, but may not have been.

Indirect discrimination

Indirect discrimination is slightly more nuanced, however the Equality Act defines it as being when a person applies to a person or a group of people a “provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic” of that person or group. This puts that person or group of people with a protected characteristic at a disadvantage compared with someone who does not share that characteristic.

This type of discrimination is often more common in workplace environments where a company has applied a blanket policy. However, it would not be deemed indirect discrimination if:

there is a good reason for doing so that is not discriminatory, and
it is a proportionate and necessary way to achieve that aim.

Pontins were indirectly discriminatory towards Gypsies and Travellers based on their requirement for guests to be on the electoral roll.

Discrimination by association

Pontins were also found to be responsible for two acts of direct discrimination by association. This is defined as treating someone less favourable than another person because they are associated with a person who either is or is perceived to be of a protected characteristic. In this case, Irish Travellers or Gypsies.

Guest were refused services by Pontins due to their association with people who were, or were perceived to be Irish Travellers or Gypsies.

How did Pontins breach the EHRC?

A number of startling breaches of the Equality Act by Pontins were discovered by the EHRC. These included the following:

Instructing their call centre staff to listen out for Irish accents in order to supposedly identify Irish travellers as well as to decline or cancel their bookings
The creation of a list of common Irish surnames that they labelled as ‘undesirable guests’. This would be used to instruct staff to decline or cancel bookings made under those names.
Labelling Irish travellers and their associates as ‘undesirables’.
Maintaining a ‘banned guest’ list. This list was made up of people suspected of being Irish travellers and their associates by Pontins
Finally, Pontins were also found to have introduced rules in 2018 which required guests to be on the electoral register. This was a practise which was found to be discriminatory against Gypsies and Travellers

What must Pontins do next?

The EHRC investigation concludes with a number of measures which must be implemented by Pontins. Pontins must meet the following recommendations in accordance with the law:

Apologise to and engage with the Gypsy and Traveller community, acknowledging their corporate responsibility and committing to a zero-tolerance approach to discrimination.
Monitor booking cancellations and failures in order to identify future or remaining issues.
Review and update their policies and procedures to ensure they are not discriminatory.
Develop and deliver training, including equality training around their legal duty to not discriminate.
Remove terms that stipulate electoral roll checks.

As part of these recommendations, Pontins must produce an action plan by 5pm on 9^th April 2024. As the action plan is enforceable in court, failure to do so will result in criminal sanctions for failure to comply.

How can businesses take measures to comply with anti-discrimination legislation?

It is a necessity for businesses to uphold their legal obligations and promote a fair and inclusive environment for all individuals.

There are actions that business owners can take to comply with such obligations. These include:

Policies and trainings: Implement clear policies prohibiting discrimination and providing equal opportunities for all employees and customers. Regular training for staff on diversity, equality, and inclusion is crucial.

Review Practices: Regularly review recruitment, promotion, and customer service practices to identify and eliminate any potential discriminatory barriers.

Consultation: Consult with employees, customers, and other stakeholders to understand their experiences and perspectives on equality and diversity within the business.

Monitoring and Reporting: Implement systems to monitor and report on equality and diversity issues within the business. This includes tracking recruitment, retention, and promotion statistics by protected characteristics.

Seek Advice: Seek advice from legal professionals or equality specialists to ensure compliance with EHRC regulations and to address any potential risks.

By proactively addressing equality and diversity issues within their businesses, owners can minimise the risk of breaching EHRC regulations and create a more inclusive and fair environment for all, which is vital for business in the modern world to succeed and thrive.

Our thoughts

The recommendations made by the EHRC towards Pontins are a comprehensive set of measures which, if followed, will address discrimination targeted towards Gypsies and Travellers.

The actions taken by the EHRC against Pontins are a reminder to businesses providing services of their duty to comply by the Equality Act 2010. Businesses should review their policies and practises to ensure that they are not discriminating, either directly or indirectly, against those with a protected characteristic.

At Lisa’s Law, we have a great track record of guiding businesses and employers in regulatory compliance, as well as extensive experience of advising on company policy, employment contracts and company handbooks. Contact us today.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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James Cook

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Changes to Health and Care Worker Route introduced in new Statement of Changes

The Home Office has issued a new Statement of Changes in Immigration Rules HC 556 on 19 February 2024. The Statement makes a number of anticipated changes to the rights of care workers to bring dependents to the UK through the Health and Care Worker route, as well as changes to the various Ukraine schemes – including the closure of the Ukraine family scheme.

Below, I will highlight some of the key changes.

Care worker

Dependents of care workers will no longer be able to apply to join the main applicant in the UK from 11^th March 2024. This applies in all cases where the main applicant has leave in either Standard Occupational Code (SOC) codes 6145 (Care worker) or 6146 (Senior care worker). The change will not affect those who are currently on a dependent visa, have children born in the UK or have applied for entry clearance before 11 March 2024.

All employers sponsoring care workers must have Care Quality Commission (CQC) registration from 10^th March 2024. This means that an applicant applying for a skilled worker visa as a care worker must ensure that their employer has the above registration otherwise the visa will be refused.

The above has been introduced by making amendments to Appendix Skilled Worker, Appendix Skilled Occupations and Appendix Shortage Occupation List of the Immigration Rules. They come into force for applications submitted on and after 11 March 2024.

The Explanatory Memorandum states that the changes are being made ‘in response to high levels of non-compliance and worker exploitation and abuse, as well as unsustainable levels of demand’.

There have also been changes to the Ukraine scheme with the immediate closure of the Ukraine family scheme.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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James Cook

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Government considers 99% mortgages – but are they a good idea?

“Getting on the housing ladder”. It’s a phrase which for generations has been an aspirational one for many young people living in the UK. However, with wages struggling to keep up with inflation, a lack of housebuilding, and rapidly escalating property prices, it is widely acknowledged to be increasingly difficult to buy your first property. Many solutions have been put forward, with the latest being 99% mortgages.

This idea has been reportedly considered by the government and may be introduced in the Chancellor, Jeremy Hunt’s Spring Budget on 6^th March. But are 99% Loan to Value (LTV) mortgages a good idea? In today’s article, we take a look at the idea of 99% mortgages, examining the advantages and disadvantages for first-time buyers.

What is a 99% LTV mortgage?

Simply put, a 99% LTV mortgage means that a lender (bank or building society) gives a buyer a loan which is worth 99% of the price they are buying a property for. This means that for a buyer, they only need to put up a 1% deposit. If a property is worth £250,000, they would only need to put £2,500 towards the deposit. This is a far lower deposit than would be needed for a 5% or 10% deposit for example. As a result, a property with a 99% mortgage is far more affordable in terms of getting on the property ladder.

Some lenders are already offering 100% mortgages, which mean that the buyer doesn’t need to put down a deposit at all. Most of these are guarantor mortgages, however there are some which are largely based on your rental payment history.

Advantages of 99% Mortgages

A major difficulty for those who want to go from renting to buying their own home is high rental costs. Many who are currently renting are paying increasingly high rent to their landlords, particularly in UK cities like London. This makes it difficult to save, even though those individuals would be paying less for their mortgage than they currently are by renting. Therefore, 99% mortgages would allow first-time buyers to save less before purchasing their property.

While 95% mortgages are still available through the mortgage guarantee scheme, meaning that the government will cover the costs if the lender loses money, these deposits can still be very hard to save for. The reason for this is that house prices have soared in recent years, and the average cost for a home is now £288,000 as of June 2023. Meanwhile, the average wages has struggled to keep up.

There are also positives to be had for lenders, with a potentially bigger market available to them. Nevertheless, there are also potentially disadvantages when it comes to 99% mortgages. Let’s discuss these now.

Disadvantages of 99% mortgages

Despite the obvious benefits of 99% mortgages, particularly for those people who are looking to get onto the housing ladder, there are also some negatives to bear in mind.

For one thing, a 99% mortgage will naturally have higher interest rates than a mortgage with a lower LTV percentage. As a result, these mortgage holders will be paying a greater total amount in order to pay off the mortgage than a product with lower interest rates.

Higher interest rates may also mean that for some, they may find that the product puts them under financial strain. However, for those who are already renting, this may still be either a negligible difference or a much lower amount compared with their previous monthly rental payments.

There is also the possibility that 99% mortgages could leave these mortgage holders in negative equity if housing prices were to fall. This means that the outstanding balance on your mortgage is more than the house itself is worth. If this is the case, it can cause huge problems if you want to sell your home. Furthermore, it may also cause issues when your existing mortgage ends. Lenders don’t usually let mortgage holders switch to a new deal if they are in negative equity. Instead, they will usually be moved on to the lender’s standard variable rate, which tends to have a much higher interest rate.

Prior to the Great Recession of the late 2000s, banks were often lending 100% or sometimes even more of a property’s value. The financial crash resulted in thousands of mortgage holders being stuck in negative equity and stuck on high interest rates following the collapse of several lenders. Despite this, it is worth bearing in mind that the criteria for a mortgage from lenders is now much more stringent and based on affordability.

Finally, there has been concern from across the property industry over the impact that 99% mortgages could have on the market. With more people having the ability to buy a property, this could further increase demand while reducing supply if not enough new properties are built. After all, the lack of housing stock in the UK is already self-evident for many of those struggling to buy their first home.

Our thoughts

While the intentions of getting more people on to the housing ladder are a noble one, the idea of a government-backed 99 per cent mortgage scheme is not necessarily a way to address the root cause of the housing crisis. At the moment, there are a lack of affordable homes available, and this move would result in even greater competition between potential homeowners.

Nevertheless, despite the risks it may be a very popular move for young people, particularly in cities like London where the main difficulty with buying a home is saving enough for a deposit. A 99% government-backed mortgage would therefore potentially help to unlock a generation of new homeowners. We will wait and see whether the government decides to go ahead with this move in its upcoming Spring Budget, which will be the last one before the next General Election.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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James Cook

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Act now – Beat the ban on newly arrived care workers bringing immediate family members

Recently, the government has announced changes to the visa rules in order to reduce immigration. The government has come under pressure due to the unprecedented levels of immigration since the Covid pandemic, which has seen net migration increase to over 700,000 per year. This has resulted in the government taking action to cut net migration to a lower level.

One of these changes includes stopping overseas care workers from bringing family members to the UK, effectively banning care worker dependants. Last year, 120,000 dependants came via this route, a sizeable number of the total number of immigrants. The government has decided to take action to ensure providers in England will only be able to sponsor migrant workers if they are undertaking activities regulated by the Care Quality Commission.

This change will come in force on 11 March 2024. It will affect care workers (SOC 6145) and senior care workers (SOC 6146). We recommend submitting applications to bring your dependants to the UK by 10 March 2024 at the latest.

If you have any questions, please feel free to contact us and we would be happy to help.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio

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