Insights & News
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Ask About... Retail, Fashion and Hospitality
27 November 2019Many of our clients in the retail, fashion and hospitality sector face similar HR issues. Each month one of the members of our team will identify an issue, consider how it should be dealt with and provide our advice. This month we asked Emma...
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Election manifestos – what are the main parties pledging on employment issues?
27 November 2019Despite the dominance of Brexit, employment issues are one of the main election battlegrounds for all of the major political parties. There is a particular focus on current hot topics, including insecure work and the gig economy, addressing gender (and other) pay gaps, and new mechanisms for enforcing employment rights.
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Recording working time in Europe: a risk heatmap
14 November 2019Employers across Europe are facing the challenge of responding to a recent European Court of Justice (“ECJ”) ruling on time-recording obligations. We’ve drawn up a heatmap to show, at a glance, the differing levels of risk across the European Union.
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Something to be-leave in? Brexit as a philosophical belief
07 November 2019There are strong feelings on either side of the Brexit debate, with people passionately arguing for both leave and remain. What issues arise if a supporter brings their views into the workplace? Are there potential discrimination risks? Could “Brexit” - or an equally strong belief in “remain” – count as a philosophical belief for the purposes of the Equality Act 2010 (“EqA”)?
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The impact of the Global Climate Strike on the workplace
31 October 2019On Friday 20 September 2019, millions of employees across the world were invited by climate activist Greta Thunberg to strike to promote immediate action on climate change. The strike represents an extension of the ‘school strikes’ that have been organised by young people over the past few months into the world of work, with the intention that the adverse economic impact caused by the strikes would kick governments into action.
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Strike injunction refused because ballot notification complied with legal requirements
31 October 2019Refusing an application by British Airways plc (“BA”) for an injunction to restrain strike action by airline pilots, the Court of Appeal (“CA”) ruled that the trade union had provided sufficient detail as to the “categories” of employees to be balloted under the statutory rules.
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Green politics and employment law
30 October 2019This study of the impact of Green politics on global employment law is based on a survey of 13 jurisdictions. It was produced in collaboration with Ius Laboris member firms in those countries.
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Home Office publishes Immigration Rules covering no-deal Brexit
28 October 2019On 24 October the Home Office laid a new Statement of Changes in Immigration Rules, to cover the situation where the UK leaves the EU on a no-deal basis, either on 31 October 2019 or at a later date.
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Judges are workers protected by whistleblowing law
22 October 2019The Supreme Court (“SC”) has ruled that judges are workers under whistleblowing legislation and so are protected from being treated badly for making a protected disclosure.
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Brexit: where are we now on immigration?
21 October 2019With uncertainty continuing over the Brexit process and how events in Parliament and the Courts may unfold over the coming days, we have taken the opportunity to provide a summary of the immigration implications of a deal and no-deal Brexit, as well as some action points for employers and individuals.
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Brexit deal – implications for employment law and workers’ rights
21 October 2019Boris Johnson is currently trying to get his Brexit deal through the UK Parliament. If he succeeds, what are the key implications for UK employment law and workers’ rights?
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New guidance on use of confidentiality agreements in discrimination cases
17 October 2019Guidance on the use of confidentiality agreements in discrimination, harassment and victimisation cases has been published by the Equality and Human Rights Commission (“EHRC”), covering both legal obligations and suggested good practice.
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Rethinking retail therapy?
07 October 2019As part of our #ThisPlaceMinds campaign, we take a look at some of the workplace mental health challenges and solutions in the retail sector.
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Employment Lawyers Advising on Investigation Reports: Where Are the Boundaries?
07 October 2019It’s an everyday scenario for employment lawyers and HR professionals. A disciplinary investigation is carried out. A draft report is produced, and the (internal or external) employment lawyer is asked to review and advise on any amendments that might be made to the contents.
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Emma Richardson writes for Essential Retail: Tackling mental health in the eCommerce sector
07 October 2019Emma Richardson has written an article on Mental Health in the ecommerce sector for Essential Retail.
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Employee entitled to long-term disability benefits after TUPE transfer
02 October 2019The Employment Appeal Tribunal (“EAT”) concluded in a recent case that, following a TUPE transfer, an employee who was unfairly dismissed and suffered disability discrimination was entitled to compensation on the basis he would have been entitled to long-term disability benefits until death or retirement, had he not been dismissed.
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EU Acquired Rights Directive may apply to transfer of client investments to new firm
02 October 2019In a Slovenian case, the European Court of Justice (“ECJ”) has considered whether the EU Acquired Rights Directive (“ARD”) applied to a situation in which a stock market intermediary ceased operations, but gave its clients the option to transfer their financial instruments and other managed assets to another named intermediary.
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Responsibility for pay information transfers under TUPE
02 October 2019In a recent case, the Employment Appeal Tribunal (“EAT”) has ruled that the duty of an employer to keep and provide pay records under national minimum wage legislation transferred under TUPE from the transferor to the new employer.
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New application deadlines for Tier 1 Investors in Government bonds
30 September 2019There are new Immigration Rules in effect from 1 October 2019 which affect Tier 1 Investor migrants whose first grant of leave was made under the rules in place before 29 March 2019 and who have invested in UK Government bonds.
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Travel to the EEA for British citizens after a no-deal Brexit
26 September 2019Despite many of Brexit’s particulars remaining up in the air, with 31 October fast approaching it is crucial to be aware of a no-deal Brexit’s implications for British citizens intending to travel to the EEA.