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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.
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"Play the whistle!" - Whistleblowing in Ireland
26 March 2019It seems that the FAI does not just have to worry about the results on the pitch as the qualification campaign for Euro 2020 kicks off, or the fact that they owed their CEO a significant sum of money (while also paying his rent) some time ago.
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Employees fined for unlawfully obtaining data
25 March 2019It is not just businesses that need to worry about the long arm of data protection, the Information Commissioner’s Office (“ICO”) has warned, after two employees were convicted of unlawfully accessing personal data and fined
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EAT rules in first UK appeal case on European Works Councils
20 March 2019In the UK’s first ever appeal case on European Works Councils (“EWCs”), the Employment Appeal Tribunal (“EAT”) has ruled that a Special Negotiating Body (“SNB”) can continue to exist after the third anniversary of a request to establish a EWC.
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Joanna Hunt and James Walters write for Essential Retail: How prepared is the eCommerce sector for the staffing implications of a no-deal Brexit?
Press
18 March 2019Joanna Hunt and James Walters have written an article for Essential Retail which discusses the challenges faced by the eCommerce sector to maintain access to labour in the case of a no-deal Brexit.
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Court of Appeal maintains interim springboard injunction in team moves case
15 March 2019Lewis Silkin has been successful in the Court of Appeal in resisting a challenge to the appropriateness of a springboard injunction secured in the High Court late last year. The injunction relates to ongoing legal proceedings concerning a team move and prevents a number of our client Secarma’s former employees and their new employers from competing and otherwise acting unlawfully.
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Lewis Silkin wins award at Lexis Nexis Legal Awards
Press Release
14 March 2019Madeleine Jephcott has won the PSL/Knowledge Award at the Lexis Nexis Legal Awards 2019 for spearheading Lewis Silkin’s Future of Work initiative.
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Share buy backs - what’s the fuss?
Inbrief
13 March 2019When a company is planning a share buy back (or purchase of its own shares) it’s time to be careful. This note explains why you need to be careful, and summarises the company law issues that must be addressed in advance before the company enters into any commitments.
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Brexit – the final countdown (or is it?)
11 March 2019The UK is leaving the EU in two and a half weeks’ time, at the time of writing. Or maybe it isn’t. Your guess is as good as ours.
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Consultation launched on misuse of confidentiality clauses
07 March 2019The Government has published a consultation on measures to prevent misuse of confidentiality clauses in situations of workplace harassment or discrimination, following up on recommendations made by the Women and Equalities Committee (“WEC”).
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Lewis Silkin launches new HR consultancy service in Asia-Pacific
Press Release
06 March 2019Lewis Silkin, the law firm, today announces that it will be adding HR services to its offering in the Asia Pacific region, through the firm’s Hong Kong office.
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Tom Heys comments for The Economist: A ruling about a Jewish teacher in London will help devout bosses
Press
21 February 2019Tom Heys has commented in an article for The Economist that discusses a recent judgment which arose when a Jewish couple attended a barbecue organised by a kindergarten where the woman taught, which is affiliated to the Chabad Lubavitch movement of Hasidic Jews. The man let slip, in conversation with one of the school’s directors, that the couple were cohabiting.
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Employment law: The year in review 2018
14 February 2019Our annual review of employment law aims to review major statutory and case-law developments during 2018 and explore how employers can plan ahead for what’s coming this year and beyond.
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Tom Heys, Karen Baxter, Anna Bond: Supporting bisexual and transgender employees in their workplace
Press
12 February 2019Karen Baxter, Tom Heys and Anna Bond have written an article for HR Review discussing a recent survey by Stonewall that found bi and trans inclusivity was significantly low among employers, prompting the charity’s executive director to call for more to be done to tackle this problem in the workplace.
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The Court of Appeal has upheld an EAT decision that Asda’s lower-paid, predominantly female retail staff can compare themselves to higher-paid, mainly male, distribution depot staff.
07 February 2019The Court of Appeal (“CA”) decision is the latest stage in this long-running legal dispute over equal pay. Back in 2014, over 7,000 female Asda retail store workers brought claims in the Employment Tribunal (“ET”) arguing that they were entitled to equal pay with male distribution depot staff, on the basis that their work was of “equal value” to male workers.
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National Sickie Day – tips for managing sickness absence
04 February 2019We may all occasionally dread the thought of turning up to work on a Monday morning, but in January employees are likely to take 53% more sick days than in any other month of the year. High levels of short-term sickness absence can be a costly problem for organisations. In this article, we take a look at the steps employers can take to manage short-term sickness absence.