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Types of directors: myths and common pitfalls
25 March 2020Below we answer some of the most common questions and address frequent pitfalls in the often-confusing realm of company directors.
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Payback time? Types of Covid-19 pay-related queries that may arise
25 August 2020As the furlough scheme starts to wind down and redundancies become more commonplace, employers may face a host of pay-related queries, grievances or claims from employees arising from the workplace upheaval caused by coronavirus.
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English courts and overseas defendants: jurisdiction challenges and the “two-fold test”
15 January 2018When a dispute involves a foreign party or events that took place in another jurisdiction, questions often arise as to where the dispute should be determined.
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The regulator and the right of reply: two recent cases involving the Financial Reporting Council
29 October 2018The Financial Reporting Council (FRC) is the regulator for UK statutory audits. Its responsibilities include setting audit standards, as well as enforcing the quality of audit. It is the investigative and disciplinary body for UK accountants dealing with cases affecting the public interest. FRC investigations naturally focus on those under its jurisdiction, such as its member accountancy firms and individual auditors. Sometimes, however, the conduct of the audited company and its managers will also be relevant. Two recent cases have discussed the duties owed by the FRC to these entities. The cases will be relevant to other regulators.
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Data security breaches - a tale of two airlines
25 July 2019Recent decisions by privacy regulators in the United Kingdom and Hong Kong have highlighted contrasting approaches towards data security breaches affecting customers of two major airlines.
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Two’s company, three’s a crowd... and therefore banned with immediate effect
31 March 2020With the ongoing rapid spread of COVID-19, we’ve seen an ever-greater sense of urgency in the responses of governments from around the world.
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It takes two to make a thing go right...! The two-part possession hearing
09 November 2020On 27 March 2020, all possession claims and evictions (save for a few exemptions) were stayed as a result of the Coronavirus pandemic. Fast forward to 20 September 2020, and the stay has been lifted, but there are new arrangements released by the Master of the Rolls “The Overall Arrangements” which deal with how the Court intends to return to hearing possession claims and the challenges it faces. Most important to note is the introduction of a “Review Hearing”.
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Employment law and immigration law: two awkward siblings
03 August 2022Employment law and immigration law are two distinct areas of law. On occasion, they meet each other and can create headaches for employers. We examine what happens when immigration law collides with discrimination law, unfair dismissal law and TUPE.
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Twi-bel: High Court Holds Defendant Liable for Agent’s Defamatory Tweet
11 January 2019Just before Christmas, Mr Justice Nicklin gave us a present – his judgment in the case of Monir v Wood. The High Court found Mr Wood, the former Chairman of the UKIP Bristol branch, liable for the publication of a defamatory tweet posted by someone else on the branch’s twitter account.
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A glazing error: Perez terminates sunglass deal after sponsor's inappropriate tweet
28 November 2016Just when we thought Donald Trump’s contribution to 2016 couldn’t get any more unlikely, his controversial presidential campaign has been cited as the cause of the recent split between Mexican F1 driver, Sergio Perez and his sunglasses sponsor, Hawkers.
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Government to extend review to include gambling adverts on TV
07 October 2016The front page of The Times reports today that the government is to extend its review into Fixed Odds Betting Terminals to cover gambling advertisements on TV, amid concerns about the proliferation of gambling adverts and their exposure to children.
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Tusk luck, May
31 March 2017EU Council President Donald Tusk has sent negotiation guidelines to European capitals in advance of a summit at the end of April 2017 to determine the agenda for Brexit negotiations. Tusk’s document sets out three sequential stages for the Brexit negotiations, which conflicts with UK Prime Minister Theresa May’s proposal for negotiations regarding withdrawal and trade to be undertaken simultaneously.
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Trading in turbulent times: has the bar got higher again?
12 October 2020UK businesses are facing a tough month. Uncertainty abounds with localised Covid restrictions on the horizon and a perfect storm is brewing: 29 September was a rent quarter day for many businesses and the furlough scheme is set to be withdrawn at the end of October. With 11% of the British workforce on furlough (according to ONS data), many are staring into the abyss.
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Equal pay, TUPE and insolvency
24 January 2018The issue for the Employment Appeal Tribunal (“EAT”) in a recent case was what happens to historic equal pay liabilities when claimant employees transfer under TUPE on to a new employer in the context of the transferor employer’s insolvency.
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Can restrictive covenants survive a TUPE transfer or are they TUPE’doed?
24 April 2019“To be, or not to be: that is the question.” Many will know these to be Hamlet’s words early in the eponymous play. TUPE or not TUPE (with respect to restrictive covenants) is a thought that most buyers of a business have, but often too late in the day. What do these two have in common? Potentially tragic consequences.
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Transferee not party to TUPE claim should appeal to EAT for suspension of re-engagement order
09 September 2020The Court of Session (CS) in Scotland has ruled that a transferee who had not been a party to the original Employment Tribunal (ET) claim, but had a re-engagement order made against it, could only seek the suspension of that order by appealing to the Employment Appeal Tribunal (EAT). The transferee could not apply directly to the CS to have the order suspended.
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Employees’ contracts can be split so they transfer to multiple employers on a TUPE service provision change
10 March 2021In the case of a TUPE transfer when a service is outsourced or re-tendered, the Employment Appeal Tribunal has ruled that an employee’s contract can be split so they go from working full time for one employer to working part time for two or more.
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M&A employment law support – TUPE and changes to terms
25 May 2022The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) can raise some difficult employment law issues during mergers and acquisitions. This Inbrief examines the challenge for a buyer of changing employees’ terms and conditions once the deal is done.
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Beyond borders: how TUPE differs between Great Britain and Northern Ireland
03 August 2023Over recent years, the laws governing TUPE have diverged between Great Britain and Northern Ireland. This is due to Northern Irish employment law largely remaining static, while there have been some minor, but occasionally important, amendments to TUPE in Great Britain. With changes on the horizon, further divergence between the jurisdictions is likely. Employers who are involved in TUPE transfers should be mindful of the important differences between the jurisdictions.
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Government to legislate on changes to TUPE consultation requirements and to clarify record keeping requirements
09 November 2023The government has confirmed they will proceed with planned reforms to clarify that employers do not have to record daily working hours of workers and extend the limited circumstances when employers can consult with employees directly about a proposed TUPE transfer.