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Court of Appeal rules on liability of overseas co-workers for whistleblowing
21 May 2019In an unusual case of whistleblowing detriment brought by an overseas employee against two co-workers also based overseas, the Court of Appeal (“CA”) has ruled that the Employment Tribunal (“ET”) has no jurisdiction to hear the claim in relation to personal liability of the co-workers, because they were outside the scope of British employment law.
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Lewis Silkin wins two awards at the Who’s Who Legal awards
Press Release
21 May 2019Lewis Silkin wins ‘Global Law Firm of the Year’ and Michael Burd 'Global Lawyer of the Year' at the Who’s Who Legal Awards 2019.
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European Court rules that employers must keep records of actual time worked
16 May 2019The European Court of Justice (“ECJ”) has ruled that employers must keep a record of all hours worked by their workers each day, in order to ensure compliance with the rules on maximum weekly working time and rest breaks.
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UsToo? – Addressing bullying and sexual harassment in the legal profession
16 May 2019Earlier this week, the International Bar Association published its report on bullying and harassment in the legal profession. The message is clear – as a profession we are not meeting the highest standards of conduct which are integral to our positions as bastions of the law. We must change within the profession, and take responsibility for driving wider societal change.
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Michael Burd comments for The Financial Times: Sexual harassment and bullying rife in legal profession
Press
15 May 2019Michael Burd has commented in an article for The Financial Times that discusses bullying and sexual harassment in the legal profession. Workplace training is having little or no effect on tackling the issues, according to a global survey of 7,000 people working in the sector.
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The Good Work Plan - first steps down the path
15 May 2019Following the Government’s “Good Work Plan”, published last December, new legislation has recently been made to implement the first of the proposed changes. This article takes stock of the reforms enacted so far, flags some of the practical issues and sums up what’s still to come.
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Richard Miskella comments for The Lawyer: Learning the practical lessons of #MeToo: Two City firms appoint workplace guardians
Press
03 May 2019Richard Miskella has commented in an article for The Lawyer which discusses #MeToo and the “Guardians Programme” put in place by Lewis Silkin. This has seen us appoint designated members of staff to be a confidential port of call for colleagues who are concerned about behaviours or the culture at work.
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EU Commission confirms its views on EWCs and a “no-deal” Brexit
01 May 2019The European Commission (“EC”) has recently revised its March 2018 guidance on the legal repercussions of the UK’s withdrawal from the EU for European Work’s Councils (“EWCs”), including the implications of a “no-deal” Brexit.
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James Davies comments for LexisNexis: Are payslip laws the start of transparency over worker rights?
Press
26 April 2019James Davies has commented in an article for LexisNexis which discusses the feasibility of payslip laws, the extent of transparency over worker rights and the challenges posed to the government.
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Influencing for Impact – the Law Society report on the need for gender equality in the legal profession
25 April 20192019 marks the 100 year anniversary of women having the right to qualify as solicitors and barristers (as well as serve on juries and act as magistrates).
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Employment status decision – National Gallery experts are workers
23 April 2019Continuing the trend of cases about employment status, a group of expert educators who worked for the National Gallery have been found to be workers by an Employment Judge (“EJ”).
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Richard Miskella comments for The Telegraph: Is ‘blind recruitment’ the best way to tackle workplace discrimination?
Press
15 April 2019Richard Miskella has commented in an article for The Telegraph which discusses the case of Matthew Furlong, who had been the victim of discrimination after being rejected for a job by Cheshire Police, which was in the midst of a diversity drive, because he was a white heterosexual man.
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Tom McEvoy writes for Thomson Reuters: I’m an EU citizen. If I leave the UK before Brexit, can I come back?
Press
10 April 2019Tom McEvoy has written an article for Thomson Reuters which answers the question, 'If an individual with an EU passport leaves the UK before Brexit, will they be allowed back into the UK after Brexit?'.
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Removal of outdated contractual entitlement following transfer was not void
09 April 2019The Employment Appeal Tribunal (“EAT”) has upheld a decision that the removal of outdated contractual entitlements following a TUPE transfer was not void, as the sole or principal reason was not the transfer or a reason connected with the transfer
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Ask about… Retail, Fashion & Hospitality
09 April 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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Pre-transfer dismissal was by reason of transfer and automatically unfair
09 April 2019The Court of Appeal (“CA”) has upheld a decision that the dismissal of an employee immediately before a TUPE transfer was automatically unfair because the principal reason was the transfer. The CA rejected the transferee employer’s contention that the reason for the dismissal was personal to the employee’s circumstances and so unrelated to the transfer.
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High Court construes TUPE indemnity
08 April 2019The High Court (“HC”) has considered whether a TUPE indemnity for employment payments “which fall due” prior to the transfer date included sums whose payment dates had not yet crystallised.
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Outsourcing: TU recognition application against service provider and client thrown out
05 April 2019The High Court has dismissed a judicial review of two decisions of the Central Arbitration Committee (CAC) in relation to outsourced workers based at the University of London. The CAC had rejected applications by the Independent Workers Union of Great Britain (IWGB) for recognition for collective bargaining.
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Lewis Silkin wins at Legal Business Awards 2019
Press Release
01 April 2019Richard Miskella won Lawyer of the Year at the Legal Business Awards 2019.
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Neurodiversity, autism and the workplace
01 April 2019“Neurodiversity” is a relatively new term, but increasing numbers of employers are seeking to plug their skills gap by developing a more neurodiverse workplace.