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Two’s company, three’s a crowd... and therefore banned with immediate effect
31 March 2020With the ongoing rapid spread of COVID-19, we’ve seen an ever-greater sense of urgency in the responses of governments from around the world.
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M&A employment law support – TUPE and changes to terms
25 May 2022The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) can raise some difficult employment law issues during mergers and acquisitions. This Inbrief examines the challenge for a buyer of changing employees’ terms and conditions once the deal is done.
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Beyond borders: how TUPE differs between Great Britain and Northern Ireland
03 August 2023Over recent years, the laws governing TUPE have diverged between Great Britain and Northern Ireland. This is due to Northern Irish employment law largely remaining static, while there have been some minor, but occasionally important, amendments to TUPE in Great Britain. With changes on the horizon, further divergence between the jurisdictions is likely. Employers who are involved in TUPE transfers should be mindful of the important differences between the jurisdictions.
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Employment Appeal Tribunal confirms narrow scope of “special circumstances” defence for not consulting on collective redundancies
28 October 2021In a case arising from the sudden collapse of the construction company Carillion, the Employment Appeal Tribunal (EAT) has confirmed the narrow scope of the “special circumstances” defence that may be available if an employer has failed properly to consult on collective redundancies. Special circumstances must involve something “out of the ordinary” or “uncommon”, and a gradual financial decline leading to insolvency is unlikely to meet this test.
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Tax treatment of termination payments – draft legislation published
20 December 2016Over the past couple of years, the Government has been consulting on proposals to make a number of changes to the tax and national insurance (“NI”) treatment of termination payments.
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Avoiding the Hedonic Treadmill: designing a sustainable employee engagement strategy
14 December 2017The concept of the “Hedonic Treadmill” is well established amongst psychologists, but what lessons can HR draw from it in relation to improving employee engagement and productivity?
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Migration Advisory Committee commissioned to report on Intra-Company Transfers
19 October 2020On 1 October 2020 the Migration Advisory Committee (MAC) accepted a commission from the Home Secretary to review Intra-Company Transfer (ICT) visa arrangements. It has also been asked to consider what provision could be made to allow overseas businesses to send a team rather than one individual to establish a UK branch or subsidiary, or to carry out a secondment to work on a high-value goods or services contract. The report is due by the end of October 2021, with a revised route likely becoming available in 2022.
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Another blow for Big Tech as political agreement is reached in record time on a new digital services framework
23 June 2022No doubt spurred on by events in Ukraine and growing concerns about the societal impact of the spread of misinformation, on 22 April 2022 the European Parliament and EU Member States reached a political agreement on the European Commission’s proposals on the Digital Services Act (DSA) in record time.
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Going out on a limb - English courts and overseas defendants: jurisdiction challenges and the “three limb” test
06 February 2019When a dispute involves a foreign party or events that took place in another jurisdiction, questions often arise as to where the dispute should be determined. The forum in which the dispute is determined can make a great deal of difference. It is therefore important for potential litigants to know where they can commence proceedings and whether they can resist claims brought against them in the “wrong” jurisdiction. In a recent case the English Court of Appeal considered the test that will apply when deciding whether to permit a claimant to sue a “foreign” defendant in this jurisdiction. This article was originally published in the Commercial Litigation Journal in the March/April edition.
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Sports Q&A – Corporate governance - key things to know
29 June 2018I’m taking on an in-house role with a professional sports team and will have responsibility for ensuring the board meets its corporate governance requirements. What are some of the key things I should know?
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Retail therapy: Commission publishes preliminary report on the e-commerce sector
19 September 2016The European Commission has released its long-anticipated preliminary report as part of the inquiry into e-commerce launched in May 2015. The report will be of interest to any businesses involved in e-commerce, and particularly those involved in online retail and distribution of digital content. This note focuses on the implications for those involved in the manufacture, distribution and retail of consumer goods.
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Can a contract be terminated if the effects of COVID-19 have prevented performance?
08 April 2021The COVID-19 pandemic has had a significant impact on businesses worldwide. Lockdown, restrictions, disruption to supply chains, increased pressure on cashflow and reduced capacity have all affected the ability of businesses to fulfil contractual obligations. Despite best efforts to co-operate, preserve contracts and maintain business relationships, as we emerge from lockdown and gradually return to some sort of normality, many will find themselves in a position where their counterparty remains unable to perform its obligations and will be in breach of contract.
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RE: Occupy - Real Estate FAQs for Tenants during Covid-19
16 June 2021The impact of Covid-19 is constantly changing for the real estate sector: from construction sites and developments being shut down; to new approaches for planning inquiries and a mutable landscape for lease negotiations. Nothing is set in stone. Therefore, we have pulled together a selection of the questions we are being asked by clients and will be updating this regularly.
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Commercial rent — COVID-19 - tenants’ defences fail at first hurdle
09 July 2021Commercial tenants and landlords alike have been eagerly awaiting the outcome of two landmark cases (Commerz Real Investmentgesellschaft mbH v TFS Stores Limited and Bank of New York Mellon (International) Ltd & Others v Cine-UK Ltd & Others) where a number of tenants challenged their liability to pay the rent and other sums under their respective leases based on arguments related to the effects of Covid-19.
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Lewis Silkin's Dispute Resolution team signs the Greener Litigation Pledge
06 October 2021As part of Lewis Silkin’s ongoing commitment to sustainability, its Dispute Resolution team announces it has signed the Greener Litigation Pledge, an initiative aiming to reduce the environmental impact of litigation.
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A Deed of Retirement doesn’t always protect a retiring partner
09 June 2020It’s not unreasonable to think that if a partner retires from a limited liability partnership (“LLP”) under the terms of a Deed of Retirement which contains a waiver and release clause, that partner will not be subjected to claims for any liabilities to the LLP.
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Ramadan, coronavirus and the lockdown – how employers can support their staff
22 April 2020Ramadan is expected to begin on the evening of 23 April 2020 and will last for 30 days, which means that some or all of it will be taking place under the continued lockdown imposed on account of the coronavirus situation. What issues do employers need to be aware of during Ramadan?
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Digital, Commerce & Creative 101: DMCC Act and subscriptions
08 April 2024The Digital Markets, Competition and Consumers Act recently received Royal Assent. Among other things, it introduces comprehensive new rules for subscription contracts with consumers. This guide aims to give an overview of the new rules.
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Global Climate Strike – five key questions for employers
09 September 2019On Friday 20 September 2019, an unprecedented ‘Global Climate Strike’ is set to take place. Millions of employees across the world are being invited to walk out of their workplaces. What are the implications for employers?
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GDPR Season 1: Off to a Slow Start?
30 May 2019Like winter in the popular HBO series Game of Thrones, privacy professionals warned that ‘GDPR is coming’ many months, years even, before the army of supervisory authorities (SAs) and data subjects started to amass on their doorsteps. For the most part, the warning fell on deaf ears. It was only when the first snows had already started to fall, signalling the imminent arrival of winter, that GDPR preparations began in earnest – with panic soon turning into hysteria, for some.