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Home Office emails migrants for information
01 February 2017It has come to our attention that the Home Office is emailing migrants whose leave is due to expire within a few weeks and inviting them to provide the following information:
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Indemnity costs intended to have chilling effect
07 February 2017Court orders indemnity costs in recognition of the fact that litigation became “out of control” due to factors that were attributable to the conduct of the Claimants and their legal representatives and experts in the lead up to trial.
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Gender pay gap regulations - Reading
08 February 2017The gender pay gap regulations will probably be 2017's most important piece of employment legislation.
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Pimlico Plumbers are workers not self-employed
14 February 2017In the latest development in a series of cases on employment status, the Court of Appeal has rejected an appeal by Pimlico Plumbers and found that a “self-employed” plumber should have been classed a worker.
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Chinese visa applications additional new requirements to be aware of
16 February 2017Following the recent rollout of China’s new work permit system for Chinese Business Z visas, the Chinese Ministry of Foreign Affairs has revised the requirements for photographs submitted to overseas Chinese consular and embassies with visa applications.
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Dating apps get even more interesting
17 February 2017A Scottish court has recently refused to find that a legal partnership existed between two former friends and Mr Elliott in relation to a business arrangement to develop and exploit a couple of online dating apps. The court held that, without a contract, there was no partnership and Mr Elliott was not obliged to share the profits from the venture with the friends.
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Estate agent unable to claim his fee on successful property sale
17 February 2017The Court of Appeal has decided that it cannot imply contractual terms where there is no contract in the first place. In this case, it would not imply a term to enable an estate agent to recover his commission on a sale.
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Lewis Silkin advises Blend Media on successful seed funding
17 February 2017Lewis Silkin is advising innovative content start-up Blend Media on its growth strategy, and has helped the company to complete its latest round of funding.
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Supreme Court upholds spouse minimum income requirement
22 February 2017The Immigration Rules regulate immigration of non-Europeans into the UK. Under the Rules, a non-EEA spouse must earn £18,600 each year before being allowed to join their partner in the UK. The lawfulness of this “minimum income requirement” has been scrutinised and ultimately upheld by the Supreme Court, although with some criticism.
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Industrial relations update
22 February 2017Our summary of recent “collective” employment law developments includes the latest on the Government’s industrial action reforms, the Court of Appeal’s ruling in the Boots case concerning a “sweetheart” recognition agreement and a decision of the Central Arbitration Committee (“CAC”) upholding an information request by the trade union Unite.
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Bad timing for a counterclaim
27 February 2017The provisions of section 35(3) of the Limitation Act 1980 will not enable a defendant to bring counterclaim that would otherwise be time barred before the proceedings had commenced.
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Lewis Silkin speaking at Law Society Brexit seminar
27 February 2017Karen Baxter, head of Lewis Silkin’s Professional Services sector group, will be speaking at The Law Society’s event on the implications of Brexit for in-house lawyers on 28 March in relation to employment law.
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Continuous service for notice pay preserved on transfer
28 February 2017An Advocate General (“AG”) of the European Court of Justice has handed down an advisory opinion on an interesting TUPE issue concerning continuous service, arising in a case referred by the Swedish Labour Court
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New restrictions on European migrants from March
28 February 2017The Prime Minister is expected to trigger Article 50 in March 2017
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Activities fundamentally the same despite alterations to location and scope of service
01 March 2017The Employment Appeal Tribunal (“EAT”) has upheld an employment judge’s decision that a service to provide accommodation-based support services for homeless people had remained fundamentally the same before and after a TUPE service provision change (“SPC”), despite alterations to the location and scope of the service.
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Gender Pay Gap reporting for advertising agencies
01 March 2017Gender pay is an industry hot-topic and gender pay reporting is about to become compulsory for agencies who exceed a certain amount of employees.
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Beware of copyright when considering existing planning permission
02 March 2017The recent judgment in Signature Realty Ltd v Fortis Developments Ltd & Anor is an excellent example of the application of copyright in a planning and building context.
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Supreme Court ends British Gas challenge to holiday pay ruling
02 March 2017The Supreme Court has refused permission for British Gas to appeal against an important ruling that the calculation of holiday pay should include results-based commission.
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Lewis Silkin advises Four Communications on its acquisition of Legend Engage
09 March 2017Lewis Silkin is a leading international law firm to creative agencies and has advised Four Communications, the independent integrated agency, on its acquisition of Legend Engage, a data and insights-led agency.
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The risk for employers in bypassing collective bargaining
16 March 2017Where an employer has recognised a trade union for collective bargaining purposes, can it still put an offer directly to its employees? This was the thorny issue for consideration in a recent Employment Tribunal decision.