Davenport Solicitors

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Davenport Solicitors

Specialists in employment law, HR and business immigration Specialists in employment and immigration law.

We make doing business easier by tackling the everyday HR and Immigration challenges for you!

31/08/2026

You cannot hire most overseas workers without a sponsor licence. Here is what every employer needs to know before applying.

A UK Sponsor Licence is official permission from the Home Office that allows an employer to recruit and employ workers from outside the UK under most work visa routes. Without one, it is not possible to offer employment to most candidates from overseas, regardless of their qualifications or the employer's genuine need for their skills.

Who needs a sponsor licence:
a) Any business that wants to hire a Skilled Worker from outside the UK
b) Employers in healthcare, social care, tech, construction, hospitality and other sectors relying on international recruitment
c) Businesses transferring senior staff from overseas offices to UK operations
d) Organisations needing temporary specialist workers, creative professionals or international sportspersons

Key things employers need to have in place before applying:
a) The business must be a genuine, lawfully operating organisation with a UK physical presence
b) HR systems must include reliable processes for monitoring sponsored workers, tracking absences and keeping records
c) An Authorising Officer must be appointed a senior individual with a lawful right to work in the UK and a clean criminal and immigration record
d) Right-to-work check processes must be in place before the application is submitted

The Home Office may carry out a pre-licence compliance visit, particularly for smaller or recently established businesses. Being prepared for that visit from the outset is an important part of a successful application. Davenport Solicitors supports employers through the full application process, from eligibility assessment and documentation through to post-licence compliance. Call us on 020 7903 6888.

https://davenportsolicitors.com/uk-sponsor-licence-application-lawyers-uk/

27/08/2026

The August 2026 immigration rule changes are in force. Here's what every sponsoring employer should check this month.

The Statement of Changes HC 259 took effect on 3 August 2026, amending rules across more than thirty appendices of the Immigration Rules. Use this checklist to confirm your position.

HC 259 specific checks:
1) Applications submitted before 3 August 2026 are decided under the previous rules. Confirm which applications are in progress and check the transitional provisions for your specific route
2) From 3 August, the amended Skilled Worker suitability rules clarify that being on immigration bail will not by itself prevent a valid application where the exception applies. Review any cases where this may be relevant
3) Scale-Up sponsors: neonatal leave is now a permitted absence for earnings requirement purposes. Update records for any affected workers

Ongoing compliance checks for all sponsors:
1) Confirm payroll records for every sponsored worker show salary paid in full in each pay period, in line with the April 2026 per-pay-period rules
2) Verify that SMS records are current and accurate for every sponsored worker, including contact details, job title and salary
3) Check that right-to-work documentation is held for all employees and meets the current Home Office requirements, including for workers in non-traditional arrangements
4) Confirm that written employment rights information has been provided to all sponsored workers and that evidence is retained, as required by the March 2026 guidance update
5) Review upcoming visa expiry dates and plan extension applications with adequate lead time
6) If Level 1 or Level 2 SMS users have not received training covering the 2026 changes, arrange updated training before the Home Office conducts a compliance visit

Davenport Solicitors provides immigration audits and SMS training for sponsors across all sectors. Contact us on 020 7903 6888.

https://davenportsolicitors.com/uk-sponsor-licence-application-lawyers-uk/

26/08/2026

The Home Office can visit your premises before granting a sponsor licence. Most employers do not know this when they apply.

A pre-licence visit is more common for:
a) Smaller or newly established businesses
b) Employers in sectors with a history of non-compliance
c) Applications where the Home Office wants further assurance

What they look for on the visit:
a) Evidence the business is genuine and lawfully operating in the UK
b) Confirmation the Authorising Officer understands their responsibilities
c) HR systems capable of monitoring and recording sponsored workers
d) Right-to-work check processes already in place
e) Proof that roles are genuine and salaries meet the required threshold

An unsuccessful visit means a refused application and a waiting period before you can reapply.

Preparation for the visit and preparation for the application are the same thing. You cannot separate the two.

Read our blog
https://davenportsolicitors.com/blogs/most-sponsor-licence-failures-do-not-start-with-an-audit-they-start-six-months-earlier-in-payroll/

25/08/2026

Reaching for a settlement agreement too quickly can cost your business more than it saves.

Knowing when to use one and when not to is what matters.
When a settlement agreement makes clear sense:
1) A disciplinary or redundancy process with procedural weaknesses
2) A senior exit where confidentiality and reputation are at stake
3) A discrimination or whistleblowing allegation with uncapped tribunal exposure
4) A redundancy where selection criteria are arguable

When you may not need one:
1) You followed a fair process, applied the correct procedure, and kept clear records. Offering a settlement prematurely signals a lack of confidence and invites a higher demand.

From October 2026, tribunal time limits double from three to six months. Employees will have longer to bring claims after leaving. Where there is any realistic exposure, resolving it sooner is the more cost-effective approach.

Read our blog
https://davenportsolicitors.com/blogs/settlement-agreements-when-to-use-one-and-when-not-to/

15/08/2026

Celebrating the spirit of India this Independence Day

To everyone celebrating India’s Independence Day today, warm wishes on this special occasion.

Today is a moment to reflect on the courage and sacrifice that won India its freedom and on the ambition, resilience, and ingenuity that continue to shape its future.

From a nation finding its feet in 1947 to a country making its mark across technology, science, business, culture, and innovation, India’s journey is a powerful reminder of what determination and collective purpose can achieve.

Wishing everyone celebrating a very Happy Independence Day!

https://davenportsolicitors.com/

29/07/2026

TUPE is one of the most misunderstood areas of UK employment law. Getting it wrong is costly.

If you are buying or selling a business, outsourcing a service, or bidding on a retender, TUPE almost certainly applies.

What employers consistently get wrong:
a) Assuming TUPE only applies to business sales. Service provision changes are just as common and just as binding
b) Attempting to harmonise terms and conditions after a transfer. This is generally unlawful
c) Missing the 28-day deadline for providing employee liability information to the incoming employer
d) Dismissing employees connected to the transfer. There is no qualifying period. A day-one employee has the same protection as someone with ten years' service

And from January 2027, unfair dismissal rights kick in after just six months. Any TUPE-related dismissal will carry even greater legal risk.

The most expensive TUPE mistakes happen when advice is sought too late.

Read our blog
https://davenportsolicitors.com/blogs/tupe-in-2026-a-practical-guide-for-employers-involved-in-business-transfers-outsourcing-and-retendering/

20/07/2026

Most employment disputes are not caused by a bad decision. They are caused by a reasonable decision handled without the right process.

Most Employment Tribunal claims we defend are not the result of employers doing the wrong thing. They arise because employers do the right thing in the wrong way, failing to follow the correct procedure, document key decisions, or recognise legal risks before they escalate into claims.

The greatest legal exposure often arises not from the decision itself, but from the process that surrounds it. Common examples include:
• Performance management: failing to document concerns, set clear expectations, or evidence efforts to support improvement.
• Dismissal: having a legitimate reason for dismissal but failing to follow a fair procedure.
• Redundancy: conducting a genuine redundancy exercise without meaningful consultation or adequate records.
• Grievances: failing to investigate complaints properly, address concerns promptly, or communicate outcomes in writing.

With the unfair dismissal compensatory award now standing at £123,543 and unfair dismissal rights arising after just six months' service from January 2027, the cost of procedural mistakes is higher than ever. The most cost-effective employment law advice is almost always obtained before action is taken, not after a claim has been issued.

https://davenportsolicitors.com/advice-on-employment-disputes-for-employers/

17/07/2026

July marks South Asian Heritage Month across the UK.

For employers, this is a good moment to reflect on workplace inclusion and how you support employees from South Asian backgrounds.

Practical steps employers can take this month:
a) Review your diversity and inclusion policies
b) Create space for employees to share their heritage and traditions
c) Ensure your recruitment and progression processes are free from bias
d) Support flexible arrangements around cultural and religious observances

Building an inclusive workplace is not just good practice. It reduces legal risk and strengthens employee retention.

If you need advice on equality, diversity or workplace policies, our team at

Davenport Solicitors is here to help.
Contact us at 020 7903 6888 | [email protected]

https://davenportsolicitors.com/

14/07/2026

Discrimination claims remain uncapped. From October 2026, employees will have even longer to bring them.

Unlike unfair dismissal claims, compensation in discrimination cases is uncapped. Employment Tribunals can award compensation for financial loss, injury to feelings and, in some cases, personal injury. Awards can easily exceed £50,000 and, in the most serious cases, reach six-figure sums.

From October 2026, the time limit for bringing most Employment Tribunal claims will increase from three months to six months. This extended limitation period will give employees significantly longer to pursue potential discrimination claims and may increase the number of historic workplace issues that result in litigation.

The most common triggers for discrimination claims include:
• Redundancy selection criteria that disproportionately disadvantage women, disabled employees or older workers.
• Failures to make reasonable adjustments for disabled employees during performance management, disciplinary or absence management processes.
• Dismissals or other detriments occurring shortly after maternity leave, disability-related sickness absence or a request for flexible working.
• Inconsistent application of disciplinary procedures or sanctions between different groups of employees.
• Harassment, bullying or inappropriate workplace conduct that the employer failed to prevent, investigate or address effectively.
With claim values remaining uncapped and limitation periods increasing from October 2026, employers should be taking proactive steps now to reduce risk. Equality audits, updated policies and targeted management training remain three of the most effective ways to minimise exposure to discrimination claims.

https://davenportsolicitors.com/discrimination-claims-advice-for-employers/

09/07/2026

Construction is one of the most targeted sectors for employment law and immigration enforcement in 2026.

Key risks construction employers must act on now:

Employment status: calling someone a subcontractor is not enough. The Fair Work Agency launched in April 2026 with direct enforcement powers

Sponsor licence: per-pay-period salary assessments from April 2026 create serious risk where project pay, bonuses, and variable shifts are involved

Right-to-work checks: must cover agency and subcontractor workers on every site, not just direct employees

TUPE: any contract change or project restructure may trigger obligations. The most expensive mistakes happen when TUPE is considered too late

Third-party harassment: from October 2026, employers are directly liable for harassment by clients, site managers, and other contractors

If you have not reviewed your compliance position across all five of these areas, now is the time.

Read our blog
https://davenportsolicitors.com/blogs/the-construction-sector-employer-guide-to-employment-law-and-immigration-compliance-in-2026/

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