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Court of Appeal decides that unions do not have a veto during collective bargaining
17 June 2019The Court of Appeal (“CA”) has ruled that offers made directly by an employer to its employees in relation to pay and working hours did not amount to an unlawful attempt to bypass collective bargaining contrary to section 145B of the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”). S.145B is only engaged if the employer’s purpose is to stop employees’ terms of employment from being determined by collective agreement on a permanent basis.
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Protests against LGBT teaching at Birmingham Primary School
20 June 2019The Public Sector Equality Duty provides that public authorities have a duty to eliminate discrimination, harassment and victimisation whilst advancing equality of opportunity and fostering good relations between people who share a relevant protected characteristic and people who don’t share it. Primary schools in advancing LGBT rights and fostering good relations have been met with protests and demonstrations which Birmingham City Council sought to restrain by injunction.
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UK CAC upholds the relocation of European Works Council arrangements to Ireland due to Brexit
21 June 2019The Central Arbitration Committee (“CAC”) has ruled that multinational companies headquartered outside of the European Union are not prohibited from relocating their European Works Council (“EWC”) arrangements from the UK in anticipation of Brexit. Relocation does not undermine employees’ information and consultation rights and is in accordance with the fundamental EU law principle of freedom of establishment.
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The EU adopts a work-life balance directive
21 June 2019The Directive, which brings in new rights for carers and working parents, must be implemented in all EU member states by the middle of 2022. We look at what it means for employers.
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Discrimination because of a perceived disability is unlawful confirms Court of Appeal
26 June 2019The Court of Appeal has found that it is unlawful to discriminate against a person because of a mistaken perception that they have a progressive condition which would make them unable to perform the full functions of the role in future.
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Effectively dealing with workplace conflict
26 June 2019Disputes and conflict in the workplace such as grievances, disciplinary actions, bullying investigations, or even simple disagreements can be costly and time-consuming for businesses to deal with, and can have an adverse effect on the work environment and even how the business is perceived by those on the outside. This does not have to be the case, however. Effectively mediating staff issues and working to provide solutions, while challenging, is a crucial tool for business owners and HR professionals to have in order to ensure a happy and efficient workforce.
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Leadership changes at Lewis Silkin with appointment of Joint Managing Partners
01 July 2019CEO Ian Jeffery is to step down in Autumn 2019.
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The inexorable rise of video advertising
02 July 2019London Tech Week this year highlighted many fascinating tech trends. One particular trend that resonated with me is the inexorable rise of video advertising. Here are a few takeaways from the video advertising session hosted by Taptica.
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Unreasonable non-compete clause could be rescued by severance
03 July 2019The Supreme Court (“SC”) has given a landmark judgment about the limits of post-termination restrictions (“PTRs”) in employment contracts. It ruled that although a six-month non-compete clause went too far by restricting an employee from holding a minority shareholding in a competing business, the employer could still enforce the key part of the clause.
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Data breaches
09 July 2019Lewis Silkin invites you to our 2018/19 series of roundtable discussions exclusively for General Counsel, COLPs and Risk and Compliance officers in Professional Services firms.
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All systems go on extension of IR35 to the private sector from April 2020
12 July 2019The Government has confirmed it will extend the new IR35 rules to the private sector from April 2020, despite calls from professional bodies and others to delay the reforms.
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Secret recording of conversations is not necessarily gross misconduct
12 July 2019The Employment Appeal Tribunal has agreed that a claimant who secretly recorded a meeting with HR should have her compensation reduced, but did not accept that this was necessarily gross misconduct. The EAT also made a number of interesting comments about covert recordings and reductions of awards.
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New Law Journal reports on leadership change at Lewis Silkin
15 July 2019The New Law Journal have reported on the upcoming changes to our senior leadership team, with Ian Jeffrey due to step down on 30 September 2019.
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Giles Crown and Richard Miskella profiled for the New Law Journal
16 July 2019In a joint New Law Journal Profile, our newly appointed joint managing partners Giles Crown & Richard Miskella discuss challenges, chances & a changing profession.
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Hong Kong has taken another significant step towards equality of rights for same sex couples
24 July 2019The Court of Final Appeal (“CFA”), Hong Kong’s highest court, has ruled that it is unjustified indirect discrimination to refuse a male government employee access to spousal benefits for his husband and the ability to elect for joint assessment of salaries tax.
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Redeployment rights for pregnant employees and maternity returners announced
25 July 2019One of the parting shots of Theresa May’s Government has been to confirm its decision on plans to extend the right to redeployment in a redundancy situation to cover pregnant employees and those returning from maternity or adoption leave.
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Response published to consultation on misuse of confidentiality clauses
25 July 2019As part of a flurry of responses and new consultations issued in the last days of Theresa May’s Government, the response to the consultation on measures to prevent misuse of confidentiality clauses in the workplace has been published. It sets out a number of significant legislative proposals which, when implemented, will necessitate redrafting of these clauses in both employment contracts and settlement agreements.
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Practical Completion and the Rectification Period
25 July 2019This guide on delay and completion considers: what is practical completion; the consequences of practical completion either happening or not; the options if practical completion is delayed and obligations arising during and at the end of the Rectification Period.
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Hong Kong Government changes rules to allow same-sex couples to elect joint tax assessment
29 July 2019Following the Court of Final Appeal (“CFA”) decision in Leung Chun Kwong v Secretary for the Civil Service and Commissioner of Inland Revenue, Hong Kong’s Inland Revenue Department (“IRD”) has confirmed that it has now changed its internal rule book to allow same sex married couples to apply for joint tax assessment.
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Trade Mark Management
30 July 2019Lewis Silkin has acknowledged IP expertise across many fields including brand protection and management; advertising, technology, media and entertainment, sports, data and litigation. With over 50 IP lawyers, trade mark attorneys and specialist support staff we work with a wide range of both national and international clients. Our trade mark team is one of the UK’s best, managing global IP portfolios for many household names.