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Interpretation of exemption clauses
29 May 2024Parties often include provisions in their contracts that seek to exclude (in its entirety) or limit (to a particular level) a contracting party’s liability in respect of certain types of liability or loss. These clauses can serve the useful purpose of allocating risk between the parties and thereby giving the parties certainty as to what their potential exposure is under the contract.
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Industrial action
22 November 2022Economically turbulent times resulting from coronavirus have seen an increase in trade unions’ membership and an increase in them ‘flexing their muscles’ by threatening industrial action over adverse changes in the workplace for their members.
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Brexit: Implications for Commercial Contracts
21 July 2016This note looks at some initial steps that businesses can take to identify and manage risk in existing and new contracts.
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Coronavirus – FAQs for employers
15 April 2020The content in this article have been overtaken by more recent events and we have subsequently updated our guidance for employers on Covid-19.
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Court of Appeal has no appetite for salami slicing
25 January 2016Without prejudice privilege is founded upon public policy. It serves to encourage litigants to settle their differences. Its effect is to exclude all negotiations genuinely aimed at settlement (whether oral or in writing) from being referred to at trial. Solicitors will often head negotiating correspondence “without prejudice” yet protection is not dependent upon use of the label. It is often misused and arises automatically in appropriate circumstances. So what happens when no label is used and attendees of a meeting later disagree as to its status?
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Are your board minutes up to scratch
30 November 2016In the absence of substantive advice or regulation on minute taking at meetings of a company’s board of directors, ICSA (the Governance Institute for Company Secretaries) has published guidance on this. The guidance states that minutes should “provide an accurate, impartial and balanced internal record of the business transacted at a meeting.”
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Tech Predictions for 2017
03 January 2017Tech continues to be the single most influential factor in how we live our lives, both at work and at home and usually (but clearly not always) helps to enhance the quality of life.
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Taxation of termination payments updated legislation published
19 September 2017The Government proposes to make a number of changes to the tax and national insurance (“NI”) treatment of termination payments.
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Chaos at the Christmas party - how to avoid an HR headache
08 December 2017The festive season is almost upon us, bringing with it the long-awaited office Christmas party - a chance for colleagues to let their hair down and enjoy themselves in a relaxed setting.
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Creating a lasting change - an open letter
01 February 20182017 was the year women’s workplace issues dominated the public conversation.
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Non-disclosure agreement injunction granted by Court of Appeal
25 October 2018The Court of Appeal (“CA”) has upheld a set of non-disclosure agreements (“NDAs”) and granted an interim injunction which prevents the Daily Telegraph newspaper from publishing details about allegations of “discreditable conduct” by a business executive towards five employees.
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MAC calls for evidence on labour shortages in the UK
20 November 2018On 13 November the Migration Advisory Committee (MAC) launched a call for evidence from employers and other interested parties to feed into its full review of the shortage occupation list. Jobs on this list are currently exempt from resident labour market testing requirements and from meeting the minimum salary otherwise required at the point of applying for settlement (currently £35,500).
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APAC Bulletin - January 2019
25 January 2019Welcome to the January 2019 edition of our APAC Bulletin covering the latest employment and immigration updates across the region.
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Court of Appeal maintains interim springboard injunction in team moves case
15 March 2019Lewis Silkin has been successful in the Court of Appeal in resisting a challenge to the appropriateness of a springboard injunction secured in the High Court late last year. The injunction relates to ongoing legal proceedings concerning a team move and prevents a number of our client Secarma’s former employees and their new employers from competing and otherwise acting unlawfully.
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Dispute Resolution Update - April 2019
24 April 2019Welcome to our April 2019 Dispute Resolution Update which brings you news and our views on law and practice for dispute resolution. We’ve included articles on domestic disputes and international disputes, including summaries of recent cases. We have also included client guides on key aspects of dispute resolution.
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Court of Appeal rules on liability of overseas co-workers for whistleblowing
21 May 2019In an unusual case of whistleblowing detriment brought by an overseas employee against two co-workers also based overseas, the Court of Appeal (“CA”) has ruled that the Employment Tribunal (“ET”) has no jurisdiction to hear the claim in relation to personal liability of the co-workers, because they were outside the scope of British employment law.
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Pensioner sues Wolverhampton Wanderers over design of logo
13 June 2019Wolverhampton Wanderers Football Club have succeeded in defending a copyright claim in which the claimant contended that he designed their distinctive wolf head logo over 40 years ago.
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Migration Advisory Committee publishes call for evidence on salary thresholds
16 September 2019The Migration Advisory Committee (MAC) has issued a call for evidence from employers and other stakeholders, to feed into its consideration of what salary thresholds should be put in place for skilled workers under the post-Brexit immigration system. The scope of the Government’s commission to the MAC also includes a consideration of adding points-based eligibility criteria for skilled worker visas.
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Employee entitled to long-term disability benefits after TUPE transfer
02 October 2019The Employment Appeal Tribunal (“EAT”) concluded in a recent case that, following a TUPE transfer, an employee who was unfairly dismissed and suffered disability discrimination was entitled to compensation on the basis he would have been entitled to long-term disability benefits until death or retirement, had he not been dismissed.
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Housekeeping reminder for Tier 2 and 5 sponsors
20 January 2020If you are a sponsor under Tier 2 of the Points-Based System, you should recently have received your annual email from the Home Office to remind you to submit your annual CoS allocation request. We can help you to submit your request, or if you have not received the email, we can follow this up for you.