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Protecting confidential information – what steps can a company take when information is disclosed to the wrong person?
05 August 2019The High Court has entered judgment in default in favour of the Advertising Standards Authority (ASA) in a claim brought to protect its confidential information and privileged material accidentally emailed by an employee to the wrong person. The Court had previously granted the ASA an interim injunction to prevent disclosure of the information by the recipient, pending a hearing of the claim. This case highlights steps employers can take to protect confidential information in these circumstances.
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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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Deal or no deal? The angst continues.
29 July 2019With Brexit day pushed back to 31 October and the fate of the UK’s future relationship with the EU still up in the air, it is understandable that many EU, EEA and Swiss citizens (‘‘EEA citizens’’) on this side of the English Channel remain uncertain about how to protect their rights in the UK.
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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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University ordered to pay £2.5 million in discrimination claim
24 July 2019The Employment Tribunal has awarded a leading economist and lecturer £2.5 million as part of a discrimination claim against the University of Southampton. Richard Werner, who worked as a professor for the university from 2004 to 2018 and is known for coining the term ‘quantitative easing’, has claimed that he was the victim of a “harassment and bullying” campaign between 2010 and 2018 which began after he suggested changes to what he deemed to be “broken procedures”.
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Consultation season is upon us!
24 July 2019Theresa May’s final days as prime minister have seen the launch of no fewer than seven consultation exercises on employment matters. While these will provide much food for thought over the summer holidays, it remains to be seen what approach the incoming administration led by Boris Johnson might take to the various issues under consideration.
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Joanna Hunt writes for LexisNexis: UK Immigration Rules - discriminatory against women?
Press
24 July 2019Joanna Hunt has written an article for Lexis Nexis that discusses the extent to which the UK Immigration Rules can be seen as discriminatory against women.
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Victoria Goode comments for Accountancy Age: Industry experts give their take on impending IR35 legislation
Press
22 July 2019Victoria Goode has commented in an article for Accountancy Age that discusses last weeks revelation that HMRC are scrutinising television presenters to determine whether they will be subject to new IR35 tax regulations.
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New report proposes radical whistleblowing reforms
19 July 2019The All Party Parliamentary Group for Whistleblowing (“APPG”) has published its report on the causes and impact of whistleblowing and their recommendations for an overhaul of the current laws for greater protection of whistleblowers.
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Naomi Hanrahan-Soar writes for HR Magazine: Reassure your EEA employees that it's not too bleak
Press
17 July 2019Naomi Hanrahan-Soar has written an article for HR Magazine discussing the uncertainty that EEA nationals may still be facing with the confusion of Brexit and what employers can do to reassure them.
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Jessica Bowman comments for Lexis Nexis: Are family-friendly facilities the way forward for the workplace?
Press
16 July 2019Jessica Bowman has commented in an article for Lexis Nexis which discusses the implications of 'family-friendly' facilities in the workplace for both employers and employees.
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Lewis Silkin’s award-winning rockhopper service celebrates fifth anniversary
Press Release
15 July 2019It is five years since Lewis Silkin launched rockhopper, its highly successful, fixed-fee HR support service.
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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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Hospitality industry welcomes post-Brexit salary threshold review
10 July 2019On 24 June, the Home Secretary, Sajid Javid, commissioned the Migration Advisory Committee (MAC) to review the £30,000 minimum salary threshold it proposed for sponsoring skilled workers in the post-Brexit immigration system, which is due to be rolled out from 1 January 2021. This move has been welcomed by the hospitality industry as an opportunity to ensure it can sponsor medium skilled workers from 2021 without having to pay substantially above market rates.
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BA’s sky-high fine for GDPR breach
09 July 2019British Airways (BA) are potentially facing a £183m fine by the Information Commissioner’s Office (ICO) for breaches of the General Data Protection Regulation (GDPR) following last year’s cyber-attack. The actual amount of the fine will be determined after representations are made by BA and by other supervisory authorities.
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Three Lewis Silkin employment partners listed as Thought Leaders – Global Elite by Who’s Who Legal
Press Release
09 July 2019Who’s Who Legal, one of the world’s leading independent publications, has named three Lewis Silkin partners in the 2020 edition of WWL: Thought Leaders – Global Elite.
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Gender equality “roadmap” published
04 July 2019The Government Equalities Office has published a gender equality roadmap, which sets out proposed actions to tackle persistent gendered inequalities. This includes a number of potential changes to employment law.
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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.