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Gender-critical religious beliefs are protected but do not justify discriminatory behaviour
30 June 2022In the latest appeal decision on the conflict between gender-critical beliefs and the rights of transgender people, the Employment Appeal Tribunal has confirmed that such beliefs can be protected under the Equality Act. Nevertheless, an employer can still take appropriate action to protect others’ rights without this being unlawful discrimination.
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Court implies duty of good faith in “relational” contract
26 June 2018The courts may be more willing to imply a duty of good faith into joint venture agreements, following a recent High Court case.
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AI 101: The Regulatory Framework
20 February 2023This is the fourth article in our “AI 101” series, where the team at Lewis Silkin unravel the legal issues involved in the development and use of AI text and image generation tools. In the previous article of the series, we looked at the infringement risks of using AI-generated works. In this article, we consider the regulatory framework for AI being proposed by the European Commission and how the UK might follow suit.
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The Heat Network (Metering and Billing) Regulations 2014
11 November 2016The Heat Network (Metering and Billing) Regulations 2014 are designed to implement the metering and billing requirements of the 2012 EU Energy Efficiency Directive. This article looks at the detail surrounding the implementation.
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Heat Network Regulations – Data Centres
29 September 2019The Heat Network (Metering and Billing) Regulations 2014 (the “Regulations”) were introduced as part of the continued drive for better energy efficiency (and reduced emissions) around the European Union.
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AI, recruitment and the law: how do equality and data protection laws regulate this process?
31 October 2023The regulation of AI is front and centre of the minds of policymakers around the World. Central to concerns raised about the rapidly increasing use of AI are the risks of bias and discrimination, particularly in the employment context. We look at how existing equality and data protection laws apply to these kinds of automated decisions.
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To register or not to register… that is the question (Brands & IP Newsnotes - Issue 2)
28 March 2016Just because you can register your intellectual property, it doesn’t mean that you should. Sometimes attempts to register can have unintended consequences, as YouTube stars, the Fine Brothers, recently found out.
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The long-awaited reciprocal enforcement regime for Hong Kong-Mainland China judgments
05 January 2024The Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance (Cap 645) and rules are set to come into force on 29 January 2024. The Ordinance aims to provide a more comprehensive mechanism for reciprocal enforcement of judgments in civil and commercial matters between Hong Kong and Mainland China.
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Court of Appeal refuses to depart from "natural and ordinary" meaning of commercial indemnity clause
26 February 2020The Court of Appeal has considered the construction of an indemnity clause in a trust deed holding that the words used should be given their natural and ordinary meaning. The case highlights the importance of clear and careful drafting as the courts will not readily rescue parties from the effects of the words used even where this means an unexpected advantage for a party.
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Cancellations and refunds during the COVID-19 pandemic
11 May 2020It seems that every day there is a new report in the media about ordinary people being denied refunds when holidays, weddings, bar mitzvahs, anniversary parties and other events which they have paid for have been cancelled as a consequence of national or global lockdown measures. In some cases, the travel company/event organiser has insisted on collecting balancing payments from their customers as well.
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FAQS on Covid-19 planning reforms
14 August 2020Just before the pandemic outbreak, the Government issued the trailer ‘Planning for the Future’ announcing various proposed reforms to the planning system. This was to be followed by a White Paper in the spring but following lock-down the Paper was postponed. Instead, the Government concentrated on emergency measures to alleviate the crisis. As lock down eased, Boris Johnson launched ‘Project Speed’ aimed at getting Britain building again including a radical reform of the planning system. This has resulted in a flurry of legislation with more to come.
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New Deal 2024: Digital, Creative and Commercial reforms
05 July 2024What regulatory changes regarding digital, creative and commerce should we expect from the new Labour government? Generally, Labour want a pro-business environment, with a competition and regulatory framework, that supports innovation, investment, and high-quality jobs.
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New priorities: refocussing on harassment
30 March 2022Prevention of harassment in the workplace was a hot topic before the pandemic hit, and a combination of new developments, different working arrangements and changed employee expectations make this a key area of focus.
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Redundancy protection for pregnancy and maternity to be extended?
31 January 2019The Government has published a consultation paper on extending protection from redundancy for women during pregnancy, women who have returned to work after maternity leave, and new parents.
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Reducing business costs - alternatives to redundancy
12 September 2022When businesses run into financial difficulties and need to reduce costs, the knee-jerk reaction is often to consider the scope for job cuts. But redundancies are not a cheap option and, if mistakes are made in the way redundancies are handled, further costs may be incurred on account of tribunal claims.
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Redundancy
19 January 2024This Inbrief looks at how employers can minimise the risk of legal claims when dismissing employees by reason of redundancy. The starting point is making sure that there is a genuine redundancy situation. The crucial thing then is to follow a reasonable procedure, including consulting the affected employees, applying a fair selection process and considering alternative employment. Finally, those dismissed should be given their correct redundancy pay.
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Changes to the collective redundancy legislation and clarity on employers’ consultation obligations in recent Labour Court decision
16 May 2024Several high-profile cases, including those involving Clerys and Debenhams, brought inadequacies of the existing collective redundancy legislation into focus in recent years. The legislation designed to address those gaps has now passed all stages of the legislative process and is expected to become law shortly. We look at what these changes are, and what they will mean for employers in a collective redundancy process. We also look at the recent decision of the Labour Court in the Debenhams appeal which brings further clarity to employers’ consultation obligations.
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Are employees in Ireland entitled to an appeal in a redundancy process?
03 October 2024A recent decision from the Workplace Relations Commission in Ireland shines light on the issue of appeals in a redundancy process. We look at what this means for employers and the importance of fair procedures and, in particular, an organisation following its own internal policies and procedures in a redundancy process.
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Collective redundancies
06 July 2022Most employers are aware of the procedures that have to be followed when making someone redundant (or their job, to be more precise). If you’d like a reminder, see our Inbrief on Redundancy.
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Record €35 million fine for excessive employee monitoring
08 October 2020An employer in Germany has been fined over €35 million under the General Data Protection Regulation for unlawfully monitoring its employees. What impact could this have on employers in the UK?