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Will British Gas ECJ ruling fuel holiday pay hike?
28 May 2014The European Court of Justice (ECJ) recently ruled that the EU law requires a worker’s statutory holiday pay to take commission payments into account: it should not be based solely on basic salary
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Latest ruling on holiday pay and commission
24 February 2016The Employment Appeal Tribunal (“EAT”) has confirmed that UK law can and should be interpreted to give effect to the decision of the European Court of Justice (“ECJ”) that results-based commission must be taken into account when calculating workers’ holiday pay (British Gas Trading v Lock).
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Changes to Immigration Rules
12 December 2017In UK immigration law circles, we have grown used to a statement of changes, announcing significant alteration of the existing laws, at least three times a year. Usually, the end of year change occurs in November but this year the announcement is unsurprisingly later than usual and less eventful. Presumably because the Government have found themselves a little busy the last few months...
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New court rules: media claims on the move
01 October 2019From today, 1 October 2019, all High Court claims that include a claim for defamation, misuse of private information, data protection and/or harassment by publication must be issued in the Media and Communications List (“the List”) in the Queen’s Bench Division. A claim that involves the publication or threatened publication of information via the media, online, or the activities of the media may also be issued in the List.
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Counting the cost – Court of Appeal rules that budget considerations can justify indirect discrimination
12 November 2020If an employer has a policy which is indirectly discriminatory and the employer’s aim is no more than saving money, the Court of Appeal has ruled that this cannot justify the discrimination. However, needing to balance the books can potentially be a valid justification for indirect discrimination.
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Immigration Rules confirmed for Hong Kong British National (Overseas) citizens
19 November 2020From 31 January 2021, two new immigration routes will be introduced for British National (Overseas) (‘BNO’) citizens and for their adult children, who are born on or after 1 July 1997. These two routes are BN(O) Status Holder and BN(O) Household Member.
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Ambush Marketing: our guide to navigating the rules
03 June 2021With 50 days to go, brands and advertising agencies are buzzing with ideas of how to capitalise on the world's focus finally shifting to the long awaited Tokyo 2020 Olympic Games and Paralympic Games.
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People with convictions: changes to rules on the rehabilitation of offenders
08 November 2023Following changes to the rules on the rehabilitation of offenders, thousands of job seekers no longer need to disclose criminal records when applying for jobs. We look at how the rules around spent convictions have changed and how this could be a catalyst for employers to reconsider their approach to this issue.
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“No purchase necessary” route for chance based competitions no longer required in Northern Ireland
16 May 2022As we posted recently, it’s the moment you’ve been waiting for – the laws on chance-based competitions (where success does not depend on skill) in Northern Ireland (NI) have finally been broadly aligned with the rest of the UK.
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Immigration law in Ireland - a roundup of 2023 and looking ahead to 2024
11 January 20242023 ended with a significant announcement on the largest expansion and shakeup to the employment permit system since its inception. In 2024, we expect to see further changes to the employment permit system and the possibility of the enactment of the Employment Permits Bill. However, we also expect to see further changes adopted as part of the Department of Justice’s modernisation programme, like those we have seen with the naturalisation process and the possibility of proposals on the adoption of a single application procedure.
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Roll on 06 July 2018...
03 July 2018On 6 July 2018, transitional provisions will come into force, once again changing the way in which the Home Office calculates continuous residence in the UK for indefinite leave to remain (ILR) applications.
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The role of immigration law in advancing DE&I initiatives in global mobility
17 November 2023Diversity, equity, and inclusion (DE&I) initiatives are no longer just buzzwords but are becoming essential elements of success for companies in all industries. Companies are recognising the value of diverse talent and the need to promote equitable opportunities in their global operations. Immigration law is a cornerstone of the legal framework and can play a pivotal role in shaping the demographic composition of a company.
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Morrisons not liable for misuse of personal data by rogue employee
01 April 2020The Supreme Court has allowed an appeal by the supermarket chain Morrisons Supermarkets plc, overturning a finding that it was vicariously liable for a rogue employee's deliberate disclosure of payroll data related to some 100,000 co-workers, of whom 10,000 brought a group claim for damages. The ruling will come as a big relief for employers up and down the country.
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Gender equality “roadmap” published
04 July 2019The Government Equalities Office has published a gender equality roadmap, which sets out proposed actions to tackle persistent gendered inequalities. This includes a number of potential changes to employment law.
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Online content: risks and rewards
05 June 2015With digital content becoming ever more popular and users becoming more sophisticated, all those involved in the online publishing industry need to be aware of the risks that come with the rewards of digital content.
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AI 101: IP risks and commercial implications
24 June 2024In the third episode of our AI 101 podcast series, we dive deep into the key legal and practical implications of around IP rights in AI-generated content, ownership, and infringement risks.
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Rio Olympic Act: a last minute hurdle for ambush marketers
22 July 2016With the Rio Olympic Games just around the corner, there have been concerns about the country’s readiness to play host to the competition, its athletes and scores of fans. Issues around stadium safety and anti-doping policies have been at the forefront of the debate, but there has also been, until very recently, a distinct lack of clarity for brands and sponsors planning marketing activities in Brazil in the lead up to the Games.
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A New Era for Consumer Rights
19 September 2013It has long been recognised that UK consumer law is not clear enough. Even the Department for Business Innovation & Skills (BIS) website says it is out of date, confusing and incomplete.
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Brexit and immigration rights and documentation of EEA nationals
30 March 2017This article summarises the rights of European Economic Area (EEA) nationals and their family members and the documentation they can obtain to evidence these rights. It looks at residence requirements and points to consider when applying for citizenship.
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Brexit: EU position paper on IP rights (Brands & IP Newsnotes - issue 6)
12 October 2017On 6 September 2017 the European Commission published its wish list for how it hoped IP rights would be treated by the EU and the UK after Brexit. Five general recommendations were made, as follows: