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Under pressure: what kind of pressure makes a contract unenforceable?
09 April 2021Even as lockdown eases, multiple periods of restrictions over a sustained period, and the wider economic impact of the COVID-19 pandemic, have made the performance of many commercial contracts very difficult, if not impossible. As a result, some parties have sought to avoid their obligations altogether, whilst others may seek to amend them as they begin their post-lockdown operations.
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Are contract amendments agreed during lockdown legally binding?
09 April 2021Performing obligations in commercial contracts during the Government enforced lockdown has been a serious challenge for many businesses. Sometimes that challenge was so great that it was the catalyst for a breakdown of a business relationship. To avoid remaining bound by onerous obligations some parties felt compelled to terminate contracts.
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But you promised! Even without a written contract, promises can be enforced and rights given up.
09 April 2021Broken promises in commercial life can leave businesses in real difficulties. That feels particularly unfair when a party’s only mistake was to take the other at its word. Which is why in the normal course of things businesses should have written contracts to remove risk and uncertainty.
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Can a contract be terminated if the effects of COVID-19 have prevented performance?
09 April 2021The COVID-19 pandemic has had a significant impact on businesses worldwide. Lockdown, restrictions, disruption to supply chains, increased pressure on cashflow and reduced capacity have all affected the ability of businesses to fulfil contractual obligations. Despite best efforts to co-operate, preserve contracts and maintain business relationships, as we emerge from lockdown and gradually return to some sort of normality, many will find themselves in a position where their counterparty remains unable to perform its obligations and will be in breach of contract.
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Did contractual dispute resolution clauses have immunity from the effects of Covid-19 and the lockdown restrictions?
09 April 2021As businesses plan to recommence operations, they must consider the legal implications of any action taken or contemplated to preserve contracts and business relationships and be alive to the potential consequences of action threatened or taken by other contracting parties. The actual or perceived amenable approach taken by some during the pressure of lockdown may quickly evaporate as the country returns to some sort of normality. This combined with economic uncertainty is likely to result in an increase in disputes.
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Will a court force a party to perform its contractual obligations?
09 April 2021As businesses start to get back to some kind of normality, they must be alive to their options if faced with a counterparty unable to comply with its contractual obligations in an uncertain economy. The usual remedy in such a scenario would be for the innocent party to sue the defaulting party for the loss and damage suffered as a result of the other party’s failure to fulfil its obligations.
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Important amendments to guidance on document keeping for sponsor licence holders
06 April 2021On 16 March 2021 the Home Office made important clarifications to the documentation that sponsors of workers must keep regarding their recruitment activity. The changes are helpful and should not be onerous for sponsors to comply with, however there may be actions that some employers will need to take to ensure compliance.
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Coronavirus: absences from work and entitlement to pay
06 April 2021The Coronavirus situation may lead to workplace absences for a variety of reasons. This is our summary of legal rights to pay and suggested best practice for different types of absence.
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Flexi-job apprenticeships - more flexibility for employers
06 April 2021The recent government announcement of flexi-job apprenticeships will help businesses to share apprentices and brings the promise of greater flexibility.
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Any member of an LLP may be subject to a Disqualification Order – not just those on the Management Committee
06 April 2021Pursuant to the Company Directors Disqualification Act 1986 (CDDA) the court may, in certain circumstances, make a ‘Disqualification Order’ preventing an individual from being a company director for a period of up to 15 years.
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Changes to family leave entitlements introduced in Ireland
01 April 2021On 27 March 2021, changes to parent’s leave and adoptive leave announced in Budget 2021 were signed into law and came into force on 1 April 2021.
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Getting ready for office reopening - Employment law considerations infographic
01 April 2021With many looking towards the complete lifting of restrictions, employers will have various issues to consider ahead of 21 June. Our infographic highlights the key issues on re-opening offices with links to supporting guidance.
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Ireland: New Code of Practice on the right to disconnect
01 April 2021The Irish government has published its promised Code of Practice on the right to disconnect from work outside normal working hours. This article explains what is in the new Code and what it means for employers in Ireland.
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Coronavirus – FAQs on managing a safe return to work
01 April 2021Employers are facing many employment law issues as the guidance on working safely during the Covid-19 pandemic continues to evolve. These FAQs cover employers’ health and safety obligations, contact tracing and adjusting hours and responsibilities.
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Coronavirus – FAQs on staffing decisions when reopening workplaces
01 April 2021Employers are facing many employment law issues as the guidance on working safely during the Covid-19 pandemic continues to evolve. These FAQs cover specific issues in relation to deciding which employees should stay at home and what happens if employees do not want to come to work.
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Workplace testing – FAQs for employers
01 April 2021Testing for Covid-19 at work is set to play an important role in the government’s gradual reopening plans with employers being strongly urged to sign up for free lateral flow tests. These FAQs cover the legal issues and considerations that employers take on board before rolling out a workplace testing programme.
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Staffing decisions when reopening workplaces - flowchart
01 April 2021We have updated our flowchart to help employers decide which employees should attend their workplace during the Covid-19 pandemic following the start of the Spring 2021 roadmap out of lockdown in England.
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Coronavirus - FAQs for employers on working from home
01 April 2021These FAQs look at the considerations for employers whose staff are working from home during the pandemic.
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Schrems II - what are the implications for UK and EU data transfers to India?
01 April 2021Everyone knows the important role India plays in the global digital economy; in fact the Harvard Business Review estimates the digital economy in India “is expected to reach a valuation of $1 trillion dollars (USD) by 2022”. With new Indian legislation on the horizon in the form of the Personal Data Protection Bill, 2019 (PDP Bill) and the Schrems II decision from last year we’ve joined forces with our colleagues at J. Sagar Associates to bring you this article setting out the issues you need to consider and sharing some top tips.
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A right royal checklist for the workplace
31 March 2021The royal family’s recent diversity review has put the importance of workplace diversity and inclusion initiatives in the spotlight. But what are the best tools for achieving lasting change in this area?