Insights & News
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A warning to solicitors and legal HR – when settlement agreements go too far
05 April 2018Non-disclosure agreements (“NDAs”) have become hot news. From Harvey Weinstein to Donald Trump, rich and powerful men stand accused of using them to silence women and cover up bad behaviour.
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EHRC Slams ‘Toxic’ Sexual Harassment Culture
29 March 2018The Equality and Human Rights Commission (EHRC) has denounced a ‘corrosive culture’ of sexual harassment at work and outlined recommendations for change in a new report.
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The half way point to Brexit: 12 months down, 12 months to go
29 March 2018Today marks the one year anniversary since Article 50 was triggered on 29 March 2017. The last 12 months have seen a number of key developments. Following the end of the first stage of negotiations in Brussels, there is now an agreement in place for the rights of EU nationals and their family members living in the UK. Last week saw the announcement that the UK and EU have finally agreed a deal on the transition period.
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Workplace Relations Commission Code of Practice on Longer Working
28 March 2018At the end of 2017, the Workplace Relations Commission published a Code of Practice on Longer Working (the “Code”). The Code contains guidance for employers and employees on managing the run up to retirement and dealing with requests to work beyond retirement. This has been an area of increasing focus for employers over recent years as the proportion of older workers continues to rise.
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Return of the MAC – Business makes the case for EEA migration
28 March 2018There are clear signs that the government is prepared to listen to concerns from business about the impact of restricting EEA migration.
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Setting up in Ireland?
28 March 2018Here’s what you need to know about the six key differences between employment law in Ireland and the US
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Service of a Claim Form by email – get it wrong at your peril
27 March 2018Communicating by e-mail is common practice. However unless you adhere to the procedural steps required by the Civil Procedure Rules service of a claim form by email will be defective. The Supreme Court’s decision considered whether to grant relief from sanctions to an unrepresented party for failing to adhere to the procedural steps.
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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.
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Brexit priorities for HR with a year to go
21 March 2018The United Kingdom will leave the European Union in just over a year’s time on 29 March 2019, in the absence of an agreement to defer the separation. It seems probable there will be a 21-month transitional period, during which EU laws will continue to apply and business will have time to adapt to a post-Brexit world.
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The General Data Protection Regulation: What businesses in Asia Pacific need to know
20 March 2018Alexander Milner-Smith discusses key issues about the upcoming General Data Protection Regulations that businesses in Asia Pacific need to know.
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What makes a company a quasi-partnership?
20 March 2018Lord Wilberforce’s observation that “a company, however small, however domestic, is not a partnership…” indicates that there are clear distinctions between even the smallest companies and partnerships. However, case law has shown that in some instances the court has been willing to deem companies “quasi” or “in substance” partnerships.
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Brexit: plus ça change…..
20 March 2018Enfin une bonne nouvelle pour les entreprises dans le contexte déprimant du Brexit. Le Royaume Uni et l’Union Européenne ont (presque) finalisé les termes de l’accord de divorce et auraient trouvé un accord sur les termes d’une période de transition.
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Michael Burd is quoted in The Law Society Gazette: Exit Wounds
19 March 2018Michael Burd is quoted in the write up of the latest Gazette roundtable held last week.
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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.
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‘Right-sourcing’ – a crucial competency for in-house lawyers
08 March 2018Good resource management is an essential skill for in-house employment lawyers. To manage my workload effectively and make efficient use of the company’s resources, I am constantly required to assess whether work is best carried out in house or outsourced.
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When the clock strikes midnight there is no more time to go to court!
08 March 2018In Matthew & Ors v Sedman & Ors [2017] EWHC 3527 (Ch) the court has had to decide when the limitation period ends on a claim where the cause of action arose on the stroke of midnight.
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This is my advice. By the way, it might be wrong!
05 March 2018When do solicitors have to warn their client that the advice they are giving may turn out to be incorrect? The Court of Appeal has recently considered this issue.
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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.