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Morrisons held vicariously liable for employee data leak
04 December 2017The High Court has found Morrisons to be vicariously liable for the actions of a rogue employee who intentionally disclosed the personal details of over 100,000 staff at Morrisons. The judgment will be of interest to data controllers and to customers and employees whose personal data is compromised by data breaches. It is the first group litigation in respect of a data breach to be decided by the English courts.
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Chaos at the Christmas party - how to avoid an HR headache
08 December 2017The festive season is almost upon us, bringing with it the long-awaited office Christmas party - a chance for colleagues to let their hair down and enjoy themselves in a relaxed setting.
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Top 5 tips for protecting trade secrets
08 December 2017With the new EU Trade Secrets Directive coming into force in June 2018, we have compiled a list of the top 5 tips for protecting trade secrets.
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The Art of the Brexit Deal
11 December 2017On Friday the UK Government and the European Commission issued a joint report on the rights of EU citizens and their family members in the UK following the conclusion of the first stage of Brexit negotiations.
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Rogue employees and no-fault liability
14 December 2017A recent High Court judgment has illustrated how employers can potentially be held liable for wrongful disclosure of personal data by their employees.
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From the pub to the court room
19 December 2017It is not uncommon for commercial deals to be agreed with a handshake in an informal setting (often a bar, restaurant or other social venue). If agreed, parties usually then move the matter on to their lawyers to document the terms. But what if terms are never documented? How much reliance can be placed on commercial terms that are agreed orally?
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Discrimination based on perceived disability is unlawful
29 December 2017The Employment Appeal Tribunal (“EAT”) has confirmed that it is unlawful to discriminate against an employee because of a perceived disability, even where that employee is not actually disabled under the relevant legal test.
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Changes to continuous residence rule for ILR applicants
08 January 2018From 11 January 2018 new provisions are coming into force that will affect how the Home Office assesses continuous residence for indefinite leave to remain (ILR) applications.
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Evidence of pre-termination negotiations will be admissible if the EDT is in dispute
15 January 2018The Employment Appeal Tribunal (“EAT”) has decided that if the effective date of termination (“EDT”) is in dispute in an unfair dismissal case, a tribunal can hear evidence of pre-termination negotiations if that evidence is relevant to determining the issue.
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Diversity in the workplace across Asia Pacific
16 January 2018Following the landmark Hong Kong Court of Appeal decision in QT v Director of Immigration, now is a particularly relevant time to be debating diversity and equality in the workplace.
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Advocate General suggests no transfer on change of music school contractor
26 January 2018An Advocate General (“AG”) of the European Court of Justice (“ECJ”) has considered whether a transfer of an undertaking occurred where a contract to operate a Spanish music school was terminated and another contractor resumed the service five months later. Under the EU Acquired Rights Directive (“ARD”), a transfer of an undertaking occurs where there is a transfer of an economic entity which retains its identity. An economic entity consists of an organised grouping of resources (i.e. persons and assets), organised with a view to carrying on economic activity.
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TUPE and offshoring
30 January 2018In a recent case, the Employment Appeal Tribunal (“EAT”) was asked to consider the application of TUPE in the context of an offshoring of services and whether a transferring employee was entitled to protection of his salary terms if he relocated to the new place of operations in the transferee’s home jurisdiction.
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Further clarity on relevance of TUPE following a share sale
31 January 2018How relevant is TUPE in the context of a share sale? A recent decision of the Employment Appeal Tribunal (“EAT”) provides a reminder that TUPE can easily come into play when a buyer is considering what to do with its newly acquired subsidiary. In this case, the buyer’s actions led to an unexpected TUPE transfer and a £3.5 million bill.
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Creating a lasting change - an open letter
01 February 20182017 was the year women’s workplace issues dominated the public conversation.
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Lewis Silkin announces Anthony Van Hoffen as real estate partner
12 February 2018LONDON – Top 100 UK law firm Lewis Silkin LLP today announces the appointment of Anthony Van Hoffen as a partner in the firm’s Real Estate legal practice group.
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Update on the new tax rules for payments in lieu of notice
16 February 2018New tax rules will mean that income tax and national insurance contributions (“NICs”) must be paid on all payments in lieu of notice (“PILONs”) with effect from 6 April 2018.
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Remix to Transition
02 March 2018This week the government released a new proposal on EU citizens arriving in the UK during the Brexit 'transition period', which is set to run for about two years after the UK leaves the EU in March 2019.
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HR Academy - March 2018
05 March 2018Do you wish you had more time to focus on developments in employment law? Do you want to refresh your knowledge in core areas, or enhance the skills of members of your team? Would you like to learn in a practical way from specialist employment lawyers and your fellow HR professionals?
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Directors held to be trustees of company property
08 March 2018The Supreme Court has held that directors should be treated as being in possession of company property from the time of their appointment because, as fiduciary stewards they are trustees of trust property within the meaning of section 21(1)(b) of the Limitation Act 1890 (“the Act”).
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An inspirational woman ahead of her time
08 March 2018On International Women’s Day, it seems appropriate to reflect on an extraordinary woman who has led an extraordinary life - Dame Stephanie Shirley.