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Voluntary overtime must be included in holiday pay if sufficiently regular and settled
12 June 2019The Court of Appeal (“CA”) has confirmed that the Working Time Directive (“WTD”) requires voluntary overtime to be included in holiday pay if it is sufficiently regular and settled to amount to normal remuneration. On the wording of their NHS contracts, the claimants were also entitled to have both compulsory and voluntary overtime included in their holiday pay.
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Ask about... Retail, Fashion and Hospitality
12 June 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, ask how you would deal with it and provide our advice. This month we asked Emma...
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New processes for low-risk nationalities using e-passport gates to enter the UK
Press
10 June 2019Since 20 May 2019 citizens of Australia, Canada, Japan, New Zealand Singapore, South Korea and USA have been able to use e-passport gates at airports in Birmingham, Bristol, Cardiff, the East Midlands, Edinburgh, Gatwick, Glasgow, Heathrow, London City, Luton, Manchester and Stansted, as well as the Eurostar terminals at Brussels and Paris.
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Joanna Hunt and Kathryn Denyer write for HR Magazine: Digitalisation of the visa system: What HR should know
Press
07 June 2019Joanna Hunt and Kathryn Denyer have written an article for HR Magazine that discusses how HR teams need to get up to speed with the transformation of the UK's visa system, including digital visa status and online right to work checks.
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The Trade Secrets (Enforcement, etc) Regulations 2018, one year on
07 June 2019The UK implemented legislation on 9 June 2018 bringing into force the EU Trade Secrets Directive. This article looks at the impact this legislation has had in the employment context where a claim for misuse of confidential information may now also include a statutory claim for misuse of trade secrets.
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James Davies comments for Compliance Monitor: Office autocrats: facing dominant behaviours in financial services
Press
06 June 2019James Davies has commented in an article for Compliance Monitor which discusses forceful personalities in the financial services industry, the negative group behaviours that arise from them and how bucking these pressures is a formidable task for an individual and, lamentably, most whistleblowers still experience adverse reprisals.
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Tom Heys comments for The Economist: Don’t talk (too much) about religion at work
Press
05 June 2019Tom Heys has commented in an article for The Economist which discusses religion in the workplace.
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Toni Lorenzo, Michael Anderson and David Samuels write for People Management: Mitigating the impact of an unlawful team move
Press
30 May 2019Can you prevent former employees from competing even in the absence of enforceable restrictive covenants? Toni Lorenzo, Michael Anderson and David Samuels report for People Management in light of a recent Court of Appeal ruling.
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Failing to enhance pay for shared parental leave is not sex discrimination
28 May 2019In an emphatic judgment, the Court of Appeal (“CA”) has ruled that it is not direct discrimination, indirect discrimination or breach of equal pay rights to provide enhanced pay for maternity leave and statutory pay only for shared parental leave.
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James Davies comments for Legal Business: Market Report: Employment – The toughest gig in town
Press
28 May 2019James Davies comments in an article for Legal Business which discusses how #MeToo's influence on employment litigation in firms is likely to come into full swing in 2019.
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Employee ordered to pay over £500,000 in legal costs in a dispute involving breach of restrictive covenants and data privacy
24 May 2019Following a trial in the High Court where an employer was successfully awarded final injunctions to prohibit a former employee from breaching post-termination restrictions (“PTRs”), the losing employee was ordered to pay 90% of his former employer’s legal bill.
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Karen Baxter comments for The Telegraph: The toxic legacy of bosses who just won't quit (like Theresa May)
Press
24 May 2019Karen Baxter has commented in an article for The Telegraph which asks 'what can employees do when their boss refuses to quit?'
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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.