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Confirmation that collectively agreed terms are ‘static’ for transferring employees
08 March 2017In two joined cases referred to the European Court of Justice (“ECJ”) by the German Federal Labour Court, an Advocate General (“AG”) has handed down an advisory opinion on the effect of a TUPE transfer on employment terms governed by a collective agreement.
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Court of Appeal sets high bar for parties defending fraudulent misrepresentation claims and dismisses attempt to broaden transferred loss principle
21 May 2019The Court of Appeal has confirmed the presumption of inducement in cases of fraudulent misrepresentation will be “very difficult” to rebut and rejected a Claimant’s attempt to recover the loss of its subcontracting sister company via the “transferred loss” principle.
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Big spending China a major shift in transfer market
26 February 2016Karish Andrews has been quoted in an article by Associated Press which discusses the money spent by Chinese Super League Clubs in the recent winter transfer window.
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Test for ‘old-style’ transfer of economic entity requires multifactorial approach
08 March 2017The Employment Appeal Tribunal (“EAT”) has ruled that an employment tribunal, in finding that the termination of a franchise agreement gave rise to a relevant transfer under TUPE, made the mistake of focusing on one particular factor and failing to adopt a multifactorial approach assessing all the relevant circumstances.
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Continuous service for notice pay preserved on transfer
22 September 2017The European Court of Justice (“ECJ”) has considered an interesting TUPE issue concerning continuous service, arising in a case referred by the Swedish Labour Court.
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Automatic transfer of employees applies on ‘pre-pack’ sale
25 September 2017The European Court of Justice (“ECJ”) has confirmed that, in the event of a “pre-pack” sale aimed at rescuing all or part of an insolvent undertaking as a going concern, EU transfer of undertakings law requires that the employees automatically transfer. This is consistent with the position in the UK under TUPE.
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Acquired Rights Directive may apply even if significant tangible assets do not transfer in asset-focused business
09 September 2020In a German case, the European Court of Justice (ECJ) has considered whether the EU Acquired Rights Directive could apply to the transfer of an asset-focused business where significant tangible assets did not transfer due to legal, technical or environmental constraints.
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Comment: Amazon cases reveal transatlantic trade mark contrasts
10 December 2015Simon Chapman writes an article for Essential Retail on the legal implications of online marketplaces offering competitor's products when searched items are not in stock.
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Lewis Silkin advises Gerald Eve on the acquisition of five key transactional teams from Deloitte
04 May 2016Lewis Silkin LLP has advised Gerald Eve LLP, chartered surveyors and property consultants, on its acquisition of five key teams from Deloitte Real Estate. These deals will see Deloitte’s 38 - strong West End leasing, City leasing, lease advisory, lease exit teams and national investment team transfer across to Gerald Eve with effect from 1st June 2016.
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Data & Privacy Training
Data protection laws move at speed, and keeping up with the changes can be a real challenge. All of our training is practical, engaging and interactive, and can be tailored to your interests and the requirements of your business.
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HR & Legal Training
We all know how hard it can be to stay on top of the changing world of employment law
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Training Contracts
Why choose Lewis Silkin?
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International outlook of trainees threatened
01 May 2013In an article for Lawyer2B, Raj Shah discusses how changes in immigration policy are making it increasingly difficult for firms to recruit immigrants as trainee solicitors. Until recently, international students could switch from the Tier 4 student migrant category to the Tier 2 category. However, changes to the Immigration Rules mean that students cannot switch from Tier 4 to Tier 2 unless they have passed a UK-recognised bachelor or master’s degree or attained certain awards in education.
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Lewis Silkin—Trainee Retention: Giles Crown and Richard Miskella comment for New Law Journal
14 August 2020Lewis Silkin LLP has announced 100% trainee retention for the third year running, with four trainee lawyers due to qualify and remain at the firm this year.
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Train strikes: David Hopper interviewed on BBC’s Newsnight
19 August 2022Lewis Silkin’s Industrial Relations specialist David Hopper was interviewed by Newsnight in relation to the current train strikes.
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A Trailer for GDPR Season 2: Creating a ‘Culture of Accountability’
19 June 2019In our previous article*, we looked at some key scenes from the first season of the GDPR. This next part takes a peak at what’s likely to be the main plot for season 2 (spoiler alert).
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Future of Sport: Female Trailblazers (with Reema Juffali and Hannah Rankin)
15 February 2022In this bumper episode, JJ Shaw and Alex Kelham are joined by two trailblazers from the world of women’s sport – Hannah Rankin (reigning WBA and IBO super-welterweight world boxing champion) and Reema Juffali (Saudi Arabia’s first female professional racing driver).
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Lewis Silkin has advised Christine Costello, the owner of event cinema business More2Screen, on a sale to Trafalgar Releasing
20 November 2019Lewis Silkin has advised Christine Costello, the owner of event cinema business More2Screen, on a sale to Trafalgar Releasing.
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Relaxation of Sunday trading hours and problems for retailers from a property perspective
25 July 2015Rachel-Francis-Lang's letter to The Grocer highlighting the problems for retailers from a property perspective, should Sunday trading hours be relaxed, has been featured in the 25th July edition of the publication.
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Trading secrets safely in Europe (Brands & IP Newsnotes - Issue 2)
28 March 2016In December 2015, while most of us were busy wrapping presents and eating mince pies, the representatives of the European Parliament and Council agreed the text of the Trade Secrets Directive.