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Can employees be suspended from work if they are arrested?
23 May 2024MPs now face exclusion from Parliament upon arrest for serious crimes. This has raised questions about the fairness of suspending at this point, for both MPs and employees outside Parliament. We explore best practice for suspending employees in the workplace.
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Positive action speaks louder than words - five principles for employers
02 September 2020This article explores the legal limits of positive action in the workplace, including the situations where it is permissible to give preferences on gender or ethnicity grounds to make up for historic lack of opportunity, and what employers can and cannot do to improve diversity in their shortlists or hiring slates.
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Deferring tax to January 2021 – a word of warning to management teams and partners
05 May 2020In seeking to survive the coronavirus lockdown, partners and management teams at many professional services firms will have welcomed the package of support provided by the UK Government, including the proposal that on account tax payments due by 31 July 2020 may be deferred until 31 January 2021.
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"No veneer in 'ere": separating the wood from the MDF
07 August 2017In what is a highly unusual volte-face, an advertiser has succeeded in turning the tables on the Advertising Standards Authority (ASA).
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Here's why I won't be shopping at American Apparel this Christmas
20 December 2012Brinsley Dresden's analysis of American Apparel's latest print ad.
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Talking women in leadership and gender pay gaps with Dame Janet Gaymer
01 December 2016Function after form – when will Law Firms get out in front on gender issues?
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Future of Sport: Women in Football and Sports Media (with Jo Tongue and Charlotte Richardson)
05 August 2022In this final episode of Season 1, JJ Shaw is joined by Jo Tongue (CEO of Tongue Tied Management and licensed FA intermediary) and Charlotte Richardson (Football commentator, match reporter and presenter) – to discuss life in the football industry and sports media.
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Ireland: Steps employers can take to #EmbraceEquity for women
07 March 2023International Women’s Day on 8 March 2023 provides an opportunity for employers to showcase inclusivity within their workplace and an opportunity to reflect on steps they can take to make their workplace more inclusive.
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Is an opposition to ‘woke’ politics a protected philosophical belief?
02 November 2023In the latest decision on workplace ‘culture war’ clashes, a tribunal has found that an opposition to critical race theory amounts to a protected philosophical belief. It’s a further example of how employers have a heightened risk of claims in the context of increasingly polarised public discourse, as employees with strongly conflicting beliefs all have a right not to suffer discrimination.
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What is an independent witness?
16 June 2017If we send you a document to sign and say that you need to have someone, who is independent, “witness” your signature, there’ll be space under the section for your signature for the witness to sign and insert their contact details.
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Parties making false statements in pre-action witness statements to face proceedings for contempt of court
18 November 2019In a case relating to a package holiday which will serve as a warning to anyone considering fabricating facts to support a letter of claim, the Court of Appeal has ruled that parties making false statements in pre-action witness statements (potentially exposed as being untrue by the witnesses’ own social media posts) can face proceedings for contempt of court.
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Witness statements in the Business & Property Courts: no radical change, but room for improvement
07 January 2020After a consultation period, the Witness Evidence Working Group has published its report on factual witness evidence in the Business and Property Courts of England and Wales (the “B&PCs”), i.e. the Commercial Court, the Chancery Division and the Technology and Construction Court. The report does not propose radical changes, but recommends a number of ways in which the use of witness statements in the B&PCs can (and should) be improved.
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Without prejudice privilege: not a cloak for improper threats
16 August 2016Without prejudice privilege (“WP privilege”) allows parties to a dispute to try to settle their differences without their discussions being revealed to the court, and potentially to the public.
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Without Prejudice and Without Prejudice Save as to Costs – Reasons to be Careful
21 November 2019The judgment in Sternberg Reed Solicitors v Andrew Paul Harrison [2019] EWHC 2065 (Ch) has put practitioners on notice that mislabelling without prejudice correspondence may have serious implications.
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Furlough and insolvency – administrators cannot furlough staff without adopting their employment contracts
30 April 2020The administrators for Debenhams cannot keep staff on furlough and avoid adopting their employment contracts, according to the latest ruling from the High Court and Court of Appeal. The decision avoids a potential conflict between the rules of the Coronavirus Job Retention Scheme and the ordinary insolvency rules on the order in which creditors can get paid.
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When can a termination discussion be without prejudice?
15 December 2022For a discussion to be “without prejudice” there must be an existing dispute between the parties. A recent EAT case helpfully clarified when a grievance will count as a dispute for these purposes.
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People with Significant Control - AIM Companies brought within the PSC regime
12 July 2017UK companies listed on AIM were previously exempt from the obligation to keep a register of people with significant control (PSCs), but recent changes mean they will have to have a register from 24 July 2017 onwards.
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Financial promotions: final legislation, rules and guidance bringing cryptoassets within the financial promotion regime now published
09 June 2023The final version of Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) Order 2023 (Order) has been published. The Order relates to the regulation of certain cryptoasset financial promotions.
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When is consent unreasonably withheld?
29 May 2024The phrase ‘consent not to be unreasonably withheld’ is often seen in commercial contracts. However when is withholding consent actually unreasonable and how can this be determined?
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Latest Developments in the European Commission’s Draft Withdrawal Agreement – Trade Marks and Designs
22 March 2018Since the Brexit result was first announced, there has been great deal of uncertainty for the UK (and wider EU) regarding the continuity of laws, policies, regulations and practices in relation to various facets of daily life. One of the major areas of uncertainty has been the continued protection to owners of EU registered Trade Marks and Designs.