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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.
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M&A employment law support: TUPE clauses in a business transfer agreement
19 January 2024If the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply to a business sale, it has significant ramifications for both the buyer and seller. This Inbrief examines how the business transfer agreement can best cater for these issues.
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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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Misrepresentation: the truth, the half-truth and anything but the truth
19 September 2019When negotiating a deal, counterparties often exchange pre-contract statements and promises. Sometimes those statements and promises turn out to be wrong. Exaggerations, mistaken beliefs, misleading opinions as well as statements made recklessly might result in an aggrieved counterparty seeking redress.
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Sports Q&A - Is there trouble on the horizon for algorithms in sport?
10 September 2020Algorithms have featured heavily in the news lately, albeit for the wrong reasons. The algorithms used to determine UK school examination results were eventually abandoned after a chorus of derision and condemnation over their apparent discriminatory bias against students from disadvantaged backgrounds and some questionable outcomes.
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Double trouble: is dual employment a recipe for disaster?
16 January 2024Double the employers means double the trouble according to the Employment Appeal Tribunal, which, in a decision last year, cast doubt on the legal possibility of dual employment. However, although there might be a presumption against this arrangement, there are situations when the law allows for this.
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Home Office guidance on immigration fraud, tricks and scams
18 April 2024Immigration scams are an ongoing concern for businesses and individual users of the immigration system. This article provides some guidance on actions that sponsors of workers and individuals can take if they receive an unexpected email, call or letter purporting to be from the Home Office.
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How is Covid-19 affecting Employment Tribunals?
27 August 2020Covid-19 has created a significant backlog problem in the Employment Tribunal. Employers are increasingly likely to see claims relating to furlough and/or a safe return to work, and many hearings will be dealt with remotely.
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Election talking points: how will employment tribunals cope with Labour’s proposed reforms?
28 June 2024The Labour Party promises transformational reforms to employment law. If Labour win the General Election 2024, how will employment tribunals cope with a likely increase in the number of claims? And what will be the impact of increased delays on employers?
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Employment Tribunal quarterly statistics - a glimpse of things to come?
17 March 2021The Ministry of Justice has released its quarterly report on the Employment Tribunal statistics for the period from October to December 2020, providing a fascinating glimpse into the claims landscape as the economic effects of Covid-19 unfold.
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Employment Appeal Tribunal confirms narrow scope of “special circumstances” defence for not consulting on collective redundancies
28 October 2021In a case arising from the sudden collapse of the construction company Carillion, the Employment Appeal Tribunal (EAT) has confirmed the narrow scope of the “special circumstances” defence that may be available if an employer has failed properly to consult on collective redundancies. Special circumstances must involve something “out of the ordinary” or “uncommon”, and a gradual financial decline leading to insolvency is unlikely to meet this test.
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Privacy and publicity: seeing justice done in the Employment Tribunal
21 September 2022It is now almost a century since Lord Hewart’s famous comment that “justice should not only be done but should manifestly and undoubtedly be seen to be done”. This principle of natural justice has established an open legal process, with public access to judicial hearings an important hallmark of a fair society. But how this principle applies in practice in the Employment Tribunal, particularly in the digital age, can be a difficult question.
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Employment Tribunal fees: the government strikes back
01 February 2024The government has published a consultation proposing to reintroduce ‘modest’ fees in the Employment Tribunal and Employment Appeal Tribunal.
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Trespassers will be prosecuted.....or will they?
19 December 2018Trespassers or “squatters” can present major issues for owners of commercial land and buildings.
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Are Smart Buildings becoming trendy?
19 January 2024Before we dive into the trends surrounding Smart Buildings, we should take a step back and look at what the Smart Building market is doing, and it’s safe to say it’s growing. In fact, it’s predicted that the market for Smart Buildings is expected to grow at a compound annual growth rate (CAGR) of 26.5% from 2023 to 2030. That’s an impressive rate – as a comparison - Netflix had a compound quarterly growth rate (CQGR) of 27.5% between 2016 and 2021.
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Hotels: Clearing the air – green trends in the hotel industry
01 September 2023Fuelled by the climate crisis, green-minded stakeholders are applying ever-increasing pressure on hotel companies to reduce their greenhouse gas emissions. This is not surprising given that, according to the Department of Environment, Food and Rural Affairs (DEFRA), the carbon emissions generated per room per night in UK hotels are as high as 10.4 kg CO2e.
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Lewis Silkin's 12 tech trends and predictions for 2024
02 January 2024Welcome to this year’s technology predictions!
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Litigation trends
11 January 2024Our Dispute Resolution team has compiled an overview of some of the key themes we are seeing in the litigation landscape of England and Wales.
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Litigation Trends: Preventing IP theft in medtech manufacturing
22 April 2024Hong Kong as a hub for life and health technology
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Proptech – once a trend, now a necessity
10 November 2022The real estate sector has, for a long time, been reluctant to embrace technology. While the rise of property tech start-ups did go some way to open people’s eyes to the possibilities and fuel their imagination, it took something as monumental as a global pandemic to force many, who work within the sector, to move away from traditional (and often outdated) working practices into a more modern way of thinking and working.