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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.
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The US Federal Trade Commission issues $5bn fine to Facebook and demands significant conduct changes
31 July 2019The fine, which is the highest ever imposed in the data privacy sphere, accounts for approximately 9 % of Facebook’s 2018 revenue. Even more significantly, however, the conduct order requires Facebook to change the way they operate.
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Women and Equalities Committee proposes radical changes to enforcement of discrimination law
02 August 2019A “fundamental shift” is required in the way discrimination claims are brought so individuals do not carry the burden of enforcing their rights, a report by the Women and Equalities Committee (“WEC”) has recommended. Instead, the WEC has said that the Equalities and Human Rights Commission (“EHRC”) must “overcome its timidity” and be bolder in using its existing powers.
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EWCs cannot slow down managerial decision-making
02 August 2019In the UK’s first appeal case on the operation of a European Works Council (“EWC”), the Employment Appeal Tribunal (“EAT”) has ruled that EWCs cannot slow down managerial decision-making by delaying the provision of an opinion after being informed and consulted.
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Lewis Silkin advises Jones Knowles Ritchie on its investment from Growth Capital Partners
05 August 2019Lewis Silkin has advised Jones Knowles Ritchie on its investment from Growth Capital Partners.
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Lewis Silkin shortlisted for four HK legal awards
05 August 2019Market-leading employment and immigration law specialist Lewis Silkin has been shortlisted for four awards in the Macallan ALB (Asian Legal Business) Hong Kong Law Awards 2019.
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Building contracts - good practice and inspections
06 August 2019This guide will look at how employers, contractors and consultants can form, improve and maintain good relationships. Many of these tips are not exclusive to building contracts, but are especially important in construction projects due to the number of parties involved and the often complex nature of the work. Good faith and alliancing provisions are outside of this note.
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Trade Mark and Design Service Charges
13 August 2019This inbrief will cover Trade Marks and Design Service Charges including applications, renewals, revocation, opposition, invalidity, European trade mark action and foreign marks.