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When is collective bargaining exhausted and a direct offer of new employment terms allowed? The EAT confirms an objective test
21 June 2022In the first reported application of the Supreme Court’s landmark Kostal decision, the Employment Appeal Tribunal has ruled that an employer could not unilaterally declare that its negotiations with its recognised trade union had finished. As unionised employers may only make direct offers to employees after exhausting their collective bargaining procedure, the employer now faces punitive fines.
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When can a mistake not be corrected? Court of Appeal rules collective agreements are not capable of rectification
03 November 2022A recent Court of Appeal decision has confirmed that employers cannot seek rectification of mistakes in collective agreements. Where agreements with unions about terms and conditions have been wrongly recorded, employers will be limited to seeking to rectify relevant employees’ individual employment contracts in as far as they incorporate the mistaken terms.
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Thinking ahead - Tenant considerations when finding new premises
11 January 2024For a corporate occupier, committing to a multi-year lease with a substantial rent as well as added service charge liability is a significant financial commitment.
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Digital, Commerce & Creative 101: Ticking the boxes when selling to consumers
14 August 2024Today, it is possible to buy almost anything online. Indeed, many businesses do not have physical premises at all, instead operating entirely from online stores, allowing consumers to purchase anything they want instantly at the click of a button.
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TUPE takeaways: when is there a business transfer or service provision change?
16 August 2024In the third of our new TUPE takeaway series of articles, we discuss a recent case involving the closure of a care home and transfer of its staff and residents which raised basic questions about when TUPE is triggered.
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Record €225 million fine imposed by DPC in WhatsApp transparency decision
03 September 2021The Irish Data Protection Commissioner (DPC) has imposed a record €225 million fine on WhatsApp Ireland Limited for breaching the General Data Protection Regulation’s (GDPR) transparency obligations “with regard to the provision of information and the transparency of that information to both users and non-users of WhatsApp’s service”, including information about the processing of their data between WhatsApp and other Facebook companies.
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What’s New Copycat? (Brands & IP newsnotes - issue 1)
27 September 2015Last year, consumer group Which? carried out a comprehensive survey of the copycat product packaging market in the UK. It found that over 150 of retailers’ own-label products “mimicked” the market-leading brand-owner’s packaging.
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What’s obvious to some is not obvious to all: Supreme Court espouses a conservative approach to implied terms
18 January 2016“Rent” is what a tenant pays to occupy premises – agreed? So you might think it was “obvious” that a tenant shouldn’t pay rent for any period after the tenancy terminates – e.g. in circumstances where a tenant validly terminates the lease early. If you think that, you were in good company and indeed many landlords would voluntarily reimburse rent paid for the period after the termination date even where the lease did not expressly require this. Why? – because it was it was the right thing to do, obviously!
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What happens now that the UK has voted to leave the EU
24 June 2016The UK population voted to leave the European Union (“EU”) on 23 June 2016, but nothing will happen for employers and employees overnight.
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Brexit - what now for TUPE?
21 July 2016Following the UK’s vote to leave the European Union, much is being discussed and written about the future shape of post-Brexit employment law, shorn of the requirement to comply with underlying EU directives.
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What are the legal implications of Brexit for Intellectual Property Rights?
21 July 2016Will the UK government negotiate membership of the European Economic Area (EEA) (like Norway for example), or will it decide to divorce itself more completely from the EU and its trade/legal systems?
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What is “MAR”? And what changes has it introduced for listed companies?
02 August 2016The EU Market Abuse Regulation (596/2014) (MAR) became directly applicable and effective in the UK from 3 July 2016, replacing the previous UK civil market abuse regime. While there is little change in the headline rules and terminology, the new regime has introduced more detailed regulation that listed companies and their advisers, directors, and others who discharge managerial responsibilities must now address.
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Dawn Raids: What to do
27 November 2016It is absolutely essential to have a procedure in place for dealing with Dawn Raids.
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What does Brexit mean for UK employment law?
19 January 2017It is now several months since the UK voted to leave the European Union. What are the short and long-term implications of this momentous decision for workplace rights in the UK?
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What does Brexit mean for UK employment law?
05 April 2017The UK has now given formal written notice of its intention to leave the European Union. What are the short and long-term implications of this momentous decision for workplace rights in the UK?
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General election 2017 - what might the manifestos say about employment law?
27 April 2017Theresa May’s announcement of a snap general election caught everyone off guard. The various political parties will be rushing to fill their manifestos with headline-grabbing policies, although these will not necessarily be very well thought through.
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Election manifestos – what are the main political parties pledging on employment issues?
25 May 2017Employment issues have emerged as a major election battleground, reflecting the aspirations of the Conservatives and Labour - and perhaps to a lesser extent the Liberal Democrats – to be recognised as the ‘workers’ party’. Theresa May has rather boldly claimed to be pledging “the greatest expansion in workers’ rights by any Conservative government in history”.
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What might the election result mean for employment law?
09 June 2017A handful of results remain outstanding at the time of writing, but it seems that the general election is going to end in a hung Parliament with the Conservative Party not having won quite enough seats to have an outright majority.
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What did the Queen’s Speech have to say about employment law?
22 June 2017Employment issues were quite prominent in the Conservative election manifesto, with Theresa May making the bold assertion that she was promising “the greatest expansion in workers’ rights by any Conservative government in history”. In the event, the political reality of minority government and the exigencies of legislating for Brexit have inevitably resulted in a rather more modest reform agenda.
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What are the options for the UK and EU to reach a compromise over free movement and access to the single market?
23 June 2017Theresa May’s ill-fated snap election seems to have transformed the UK’s national zeitgeist, not least in the public narrative over Brexit.