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Restrictive covenants and team moves: three key employee competition cases in 2019
08 January 2020A significant threat to any business is the risk of employees leaving to set up in competition and misusing confidential information or trade secrets in doing so. We look back at three of the most significant employee competition decisions of 2019 in this constantly evolving area of law.
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The year in employment law
08 January 2020What were the most significant employment law developments in 2019? And what can we expect this year under a newly elected Conservative government with a sizeable majority?
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The year ahead for immigration
07 January 2020With the new Conservative Government now bedding in and the Withdrawal Agreement Bill proceeding through Parliament, Brexit is all but certain to be going ahead at end of this month.
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Vegans protected by the Equality Act - what does it mean for employers?
07 January 2020Ethical veganism can be a philosophical belief that is protected under the Equality Act, according to an Employment Tribunal (“ET”) in the widely-reported case brought by Jordi Casamitjana. But what does this actually mean in practice for employers?
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Bah humbug to bad employers! Or, Christmas employment law advice from Charles Dickens Esq, novelist
19 December 2019Charles Dickens’s A Christmas Carol (1843) – still a seasonal favourite – called on flinty-hearted Victorian employers to mend their ways.
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EU Settlement Scheme statistics show there’s still a need to encourage people to apply
19 December 2019The Home Office’s most recent experimental statistics show that nearly 2.6 million applications were made under the EU Settlement Scheme (EUSS) to the end of November 2019, and more than 2.2 million have been concluded. These figures include repeat applications by the same person however.
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Christmas postal strike prevented due to union’s interference with postal ballot
18 December 2019The Court of Appeal (“CA”) has upheld the High Court’s decision to grant an injunction preventing a Christmas strike by postal workers. The injunction followed interference by the Communication Workers Union (“CWU”) in the postal ballot process by strongly encouraging its members to intercept their ballot papers before they were delivered to their homes.
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Ask About… Retail, Fashion and Hospitality
16 December 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 James...
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What is to come for employment law (under a Conservative government)?
13 December 2019The general election has produced a decisive Conservative win with Boris Johnson as Prime minister – what will this mean for employment law?
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What a Conservative Government means for immigration law
13 December 2019Having fought his campaign on the promise to “get Brexit done” it is now certain that Mr Johnson will take the UK out of the EU. With a 78 seat majority Mr Johnson plans to bring his Withdrawal Agreement Bill back to the commons next Friday and pave the way for the UK to leave the EU on 31 January 2020. Given his clear majority, it now seems certain we will leave with the deal currently negotiated.
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Lewis Silkin wins Human Resources: Firm of the Year at the Legal 500 UK Awards 2020
Press Release
05 December 2019Lewis Silkin is delighted to announce that its market-leading employment and immigration law team has won Human Resources: Firm of the Year at the Legal 500 UK Awards 2020.
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Privilege lost in otherwise protected documents due to inclusion in settlement agreement
04 December 2019In a recent case, the Court of Appeal (“CA”) upheld a ruling that documents which would otherwise have attracted “without prejudice” privilege had lost their privileged status because they had been incorporated into a settlement agreement. The documents were therefore disclosable.
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NDAs made simple - latest requirements and best practice
04 December 2019The Solicitors Regulatory Authority has reissued its warning notice on non-disclosure agreements (“NDAs”), shortly after publication of new guidance by the Equality and Human Rights Commission. We’ve created a table to clarify current legal and regulatory requirements, best practice and future proposals for using confidentiality provisions in settlement agreements and employment contracts.
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Dismissal unfair where investigating manager was motivated by dislike of employee's union activities
03 December 2019An employee was unfairly dismissed because the disciplinary process was manipulated by a manager who was motivated by dislike of the employee’s trade union activities, the Employment Appeal Tribunal (“EAT”) has confirmed. This was despite the fact that neither the disciplinary nor appeal manager was influenced by prejudice against union activities.
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Vegetarianism is not a belief for the purposes of the Equality Act 2010
30 November 2019Despite the increase in ‘plant-based’ eating across the UK, the Employment Tribunal in Norwich has held that a vegetarian employee can’t make a claim for discrimination, as vegetarianism does not count as a ‘belief’.
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Whistleblowing dismissal was unfair where decision-maker manipulated by another manager
28 November 2019In a decision with implications for unfair dismissal law generally, the Supreme Court (“SC”) has ruled that it is not always necessary for a dismissing manager to know about whistleblowing disclosures made by an employee in order for that dismissal to be automatically unfair.
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Tribunal finds that 'workers' transfer under TUPE
28 November 2019In a surprise decision, with potentially wide-ranging ramifications, an Employment Tribunal (“ET”) has found that “workers”, as well as traditional “employees”, transfer under TUPE.
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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.