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The ICO fines again – a round-up of direct marketing fines issued by the ICO in 2024
30 May 2024The Information Commissioner’s Office (“ICO”) is responsible for enforcing the Privacy and Electronic Communications Regulations 2003 (“PECR”), which set out the rules for organisations wishing to engage in direct marketing calls, texts or emails. Since April 2023, the ICO has issued more than £2,590,000 in fines against companies responsible for nuisance calls, texts and emails. This serves as a crucial reminder to organisations about the financial consequences they may face following electronic marketing violations. Below is a round-up of fines issued by the ICO in 2024.
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Furlough scheme extended until end of March
05 November 2020The government’s Coronavirus Job Retention Scheme (aka the furlough scheme) has been extended until the end of March 2021. Although this is welcome and will allow for more effective business planning, the new five-month extension may mean some employees will spend an entire year on furlough.
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Self-employed financial support extended until April 2021
12 November 2020The government’s Coronavirus Self-Employment Income Support Scheme has been extended for a further six months, providing two further three-month grants after the expiry of the second grant period.
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Explainability and AI: how can a decision be unpicked at an individual level?
17 January 2024To accompany our article on explainability in AI, we have put together an example illustrating how an employment related decision generated by an algorithm could be explained at an individual – or local – level.
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How can I recover unpaid debts?
03 February 2023Even without a difficult economic landscape, establishing a strategy to recover a debt can make the difference between sitting comfortably and struggling through. It’s important to be aware of the different routes to recovery – and their limitations. Use this overview to understand your options and which option is best for your circumstances.
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Ethnicity pay gap reporting: new legislation looks unlikely after report by Commission on Race and Ethnic Disparities
31 March 2021Ethnicity pay gap reporting should be voluntary, according to a new report published by the Commission on Race and Ethnic Disparities.
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Employment Appeal Tribunal confirms that an employer’s attempt to bypass collective bargaining was unlawful
10 January 2018A recent decision of the Employment Appeal Tribunal (“EAT”) has confirmed that offers made directly by an employer to its employees risk amounting to unlawful attempts to bypass collective bargaining contrary to s145B of the Trade Union and Labour Relations (Consolidation) Act 1992. This was a costly exercise for the employer as they were ordered to pay penalties of more than £400,000.
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Unlawful offers to bypass collective bargaining – narrow scope confirmed
09 September 2021If an employer tells employees who are members of a recognised trade union that it will unilaterally impose new terms, it is not making an “offer” amounting to an unlawful inducement to bypass collective bargaining, the Employment Appeal Tribunal has confirmed. The members’ redress is limited to their rights under contract law, such as to work only “under protest” and sue for breach of contract.
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Industrial action - summary judgment refused despite union’s ‘improbable’ defence
21 May 2020The High Court has considered a case which the employer, Royal Mail, alleged was a “classic case of unballoted strike action done at the instigation and with support of local officials”. The court refused an application for summary judgment, despite finding the trade union’s defence to be “improbable”.
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Trade union blacklisting – decision on amendment of claims ‘manifestly’ incorrect
02 July 2020The rail operator GTR has succeeded in an appeal against employees being allowed to amend their Employment Tribunal claims to assert trade union blacklisting. The Employment Appeal Tribunal ruled that this was not merely a “re-labelling”, despite the original claims being conceptually and factually related.
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The Hong Kong Court of Appeal affirms employees’ unfettered statutory rights to be paid their entitlements
27 August 2020In this Court of Appeal case of Xu Yi Jun v GF Capital (Hong Kong) Limited (CACV 502 & 577 / 2019), the Court considered whether an employer can withhold a bonus payment after the payment due date for reasons of alleged gross misconduct that had occurred prior to, and whether an employer can offset its unliquidated claim for damages against the bonus in legal proceedings.
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Unfair dismissal: tribunal in UK awards over £1.5 million and orders re-engagement of UK employee in Hong Kong
23 March 2022In unfair dismissal claims, whilst orders for re-employment are rare, they can be very lucrative for claimants. In particular those who are high earners stand to benefit considerably as the maximum compensatory award for unfair dismissal (currently £89,493) does not apply which can lead to very large pay-outs as in the case of Jones v JP Morgan Securities plc.
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Data breaches under the GDPR - will the sky come crashing down on British Airways?
11 September 2018Between 21 August and 5 September, British Airways (“BA”) suffered a data breach - in essence, its systems were “hacked”. This has affected the personal data of around 380,000 individuals. Following an announcement through BA’s Twitter account, the story was quickly picked up by mainstream media outlets, demonstrating the significant publicity that such events can generate in a short space of time.
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Coronavirus - Hong Kong Relief Measures under the Employment Protection Scheme
09 April 2020On 8th April 2020, the Chief Executive held a press conference announcing that the Hong Kong government is to roll out a HK$137 billion (approximately US$80 billion) relief package by implementing the Employment Protection Scheme to assist individuals and businesses to ease the financial difficulties arising out of the coronavirus pandemic.
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Enforceability of an indemnification provision under a broker agreement: is it a penalty?
02 June 2023A recent case in the Hong Kong Court of First Instance has seen the court applying the Court of Appeal’s penalty clause test to an indemnification provision under a broker agreement.
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Labour market policy and employment law under a Keir Starmer-led government: a recent report may offer a crystal ball
03 January 2024Can we see a glimpse into the future approach of a Labour government to labour markets and employment regulation from the recent Resolution Foundation report?
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New Remuneration Code - For investment firms regulated under the Markets in Financial Instruments Directive
20 February 2024Since the 2007/08 financial crisis, as a result of both UK government and European initiatives, the financial services industry has been the focus of wide-ranging reform. A key aim of this reform is to align remuneration principles in the various sectors within financial services with a view to ensuring that policies and practices promote, and are consistent with, effective risk management.
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2017 report on UK cyber security breaches
20 April 2017Almost half of all UK businesses have experienced cyberattack in past 12 months.
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Peering over the Brexit cliff edge: The Government’s plans for EU nationals in the UK
27 June 2017The Government has announced its long overdue plan for the future of EU nationals and their family members, who have been anxiously waiting for clarity since the referendum result a year ago.
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Amendments to rules on bringing family members to the UK: Have the Government gone far enough?
22 August 2017On 10 August 2017 changes to the immigration rules came into force which will have wide implications for British citizens wanting to bring family members to join them in the UK.