Insights & News

Going Live: Important Update about the Register of Overseas Entities

Inbrief

01 August 2022

It is fair to say that the announcement made last week by Companies House stating the new Register of Overseas Entities is intended to go live on 1 August 2022 has come as quite a surprise to those in the professional world.

Collective redundancies

Inbrief

06 July 2022

Most employers are aware of the procedures that have to be followed when making someone redundant (or their job, to be more precise). If you’d like a reminder, see our Inbrief on Redundancy.

M&A employment law support – TUPE and changes to terms

Inbrief

25 May 2022

The 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.

Data Protection and Employment

Inbrief

18 May 2022

The General Data Protection Regulation (GDPR) is a European legislation affecting all organisations that hold personal data on living individuals. It aims to ensure that organisations using and processing personal data do so fairly and lawfully and gives a number of rights to individuals in terms of how they can access their data and influence its use.

Five compliance tips for UK Visas and Immigration account holders

Inbrief

05 May 2022

Individuals who hold a UK Visas and Immigration (UKVI) account need to maintain the details recorded in it. In this article we outline some tips for when to review and update the information to minimise the chance of delays at the border and to ensure access to the account is not disrupted.

Positive action in the workplace

Inbrief

21 April 2022

Positive action involves taking steps to favour or encourage people from protected groups to make up for historic barriers or lack of opportunity. This Inbrief looks at the scope for taking lawful positive action in the workplace under British employment law.

Establishing a business presence in the UK

Inbrief

13 April 2022

If you are a non-UK corporate body and you wish to establish a business presence in the UK, this brief guide covers the main issues you need to consider.

Parental bereavement leave

Inbrief

07 April 2022

As of 6 April 2020, working parents who lose a child under the age of 18 or have a baby stillborn after 24 weeks of pregnancy have the right to take two weeks’ paid bereavement leave. This Inbrief summarises the rights introduced for both leave and pay, the notice requirements and the practical implications for employers.

Whistleblowing

Inbrief

06 April 2022

Workers who “blow the whistle” on their employers have the right not to be dismissed or otherwise penalised as a result.

Senior Managers Regime, Certification Regime and Conduct Rules

Inbrief

11 January 2022

The Senior Managers Regime, Certification Regime and Conduct Rules (SMCR) was introduced in response to the global economic crisis to strengthen accountability and encourage good governance. The regime requires clear allocation of responsibilities to senior managers and, crucially, makes it much easier for them to be held personally liable for governance failures. It also aims to improve awareness of conduct issues across firms and, together with increased individual accountability, deter misconduct.

Mediation

Inbrief

05 January 2022

Mediation is a common method of alternative dispute resolution (‘ADR’). It is a consensual process, with any settlement having to be agreed by both parties.

Directors and their general duties

Inbrief

02 December 2021

English law imposes on company directors high standards of behaviour and they must put the interests of the company before their own. Their duties are derived from both statute and case law. In addition to general duties, there are extensive specific duties. This is an introductory guide to those general duties.

Jurisdiction Challenges

Inbrief

28 October 2021

Where a claim is litigated can be very important. This inbrief provides you with a guide on how to challenge the jurisdiction of the English courts if a claim is started here. We also highlight the steps that can be taken in England if a claim is commenced elsewhere, even though you believe it should be litigated or arbitrated in England.

Enforcing arbitral awards in England & Wales

Inbrief

28 October 2021

Where a party has obtained a favourable arbitration award in a jurisdiction other than England and Wales and the respondent to those arbitration proceedings has assets in this jurisdiction, the successful party may wish to enforce the arbitration award here. This guide will consider the steps that the successful party must take in order to be able to do so.

Droit du travail dans le cadre des fusions et acquisitions — réponses à dix questions

Inbrief

11 October 2021

Dans les fusions et acquisitions (F&A), il peut être difficile de s’y retrouver entre les exigences et les ramifications juridiques de la transaction. Cette publication répond aux dix principales questions que les vendeurs et les acheteurs doivent prendre en compte en matière du droit du travail dans les transactions F&A.

Enforcing a Russian Judgment in England

Inbrief

14 September 2021

It is important for winning parties to be able to enforce judgments made in their favour. Before issuing proceedings claimants will often need to consider where the assets of a potential defendant are located and whether any judgment obtained can be enforced in the country where the judgment debtor has assets. If a proposed defendant to Russian proceedings holds assets in England, it will be particularly important for a claimant to examine whether an English court will enforce a Russian judgment in their favour.

Enforcing a Chinese Judgment in England

Inbrief

08 September 2021

It is important for winning parties to be able to enforce judgments made in their favour. Before issuing proceedings claimants will often need to consider where the assets of a potential defendant are located and whether any judgment obtained can be enforced in the country where the judgment debtor has assets. If a proposed defendant to Chinese proceedings holds assets in England, it will be particularly important for a claimant to examine whether an English court will enforce a Chinese judgment in their favour.

Whistleblowing in Northern Ireland

Inbrief

07 September 2021

Workers who “blow the whistle” on their employers have the right not to be dismissed or otherwise penalised as a result.

Protected and without prejudice conversations

Inbrief

13 August 2021

Employers may want to have “off the record” conversations with employees, especially in relation to a potential ending of employment. It is important to remember that “off the record” is not a legal term.

Misrepresentation: the pitfalls of pre-contract statements

Inbrief

21 July 2021

Prior to the conclusion of a contract parties will often make statements to each other - during negotiations, in tender documents and in a variety of other ways. Most pre-contract statements are carefully considered. But sometimes statements are made which are false or misleading. When false statements induce an innocent party to enter into a contract the consequences can be serious.