Insights & News
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Ask About… Retail, Fashion and Hospitality
27 February 2018Many of our clients in the retail, fashion and hospitality sector face similar HR issues. Each month one of the members of our team will identify an issue, ask how you would deal with it and provide our advice. This month we asked Tom...
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The road to nowhere: Brexit and labour shortages
26 February 2018In an opinion piece in the Guardian by British Chambers of Commerce (BCC) Director General Adam Marshall warns of an imminent recruitment crisis.
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Calling time on workplace sexual harassment?
23 February 2018A full inquiry into workplace sexual harassment has been announced by the Women and Equalities Committee. The aim of this Government inquiry is to uncover the true scale of the problem and consider what action employers and the Government can take to address it.
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Keeping the luxury in brands?
22 February 2018In Coty v Parfumerie Akzente (Case C-230/16) the CJEU has stated that luxury brand owners, can, in certain circumstances prohibit reselling of their products through some internet platforms
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‘Living in the dark ages’ - pregnancy and maternity discrimination at interview
21 February 2018Fresh out of my first year at university and applying for a summer job at a pub, I was slightly taken aback when the interviewer asked whether I had children, in a tone that implied “no” was the right answer… Back then, with no children, I simply answered the question - but it made me wonder.
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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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When to pay interns?
09 February 2018Media outlets have reported that HM Revenue and Customs (HMRC) has initiated a crackdown on unpaid internships, including sending letters warning that “workers” must be paid the national minimum wage and setting up teams to tackle the problem.
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The Government’s response to the Taylor review – a damp squib?
08 February 2018The Government has published its Good Work Plan in response to Matthew Taylor’s review of modern working practices. While the response sets out the Government’s intention to take forward nearly all of the review’s recommendations, there are very few specific proposals and much of the detail will be the subject of further consultation.
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Making a termination payment after 5 April 2018? Read this!
07 February 2018Income 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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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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China's new "R Visa" for high-level talent
01 February 2018Effective from January 2018, the new “R visa” now allows successful applicants multiple stays in China of up to 180 days per visit, with a validity of up to 10 years.
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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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When does service provision change amount to transfer of an economic entity?
31 January 2018The European Court of Justice (“ECJ”) was recently required to consider whether the award of a service contract to a replacement contractor in Portugal amounted to the transfer of an economic entity under the EU Acquired Rights Directive (“ARD”). Portugal has no equivalent legislation to the UK’s service provision change (“SPC”) rules
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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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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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Equal pay, TUPE and insolvency
24 January 2018The issue for the Employment Appeal Tribunal (“EAT”) in a recent case was what happens to historic equal pay liabilities when claimant employees transfer under TUPE on to a new employer in the context of the transferor employer’s insolvency.
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Early Specific Disclosure Applications – factors the court will consider
22 January 2018A decision in the Technology and Construction Court (“TCC") sheds light on the applicable test for early specific disclosure and the relevant considerations in making a successful application. Applications for early specific disclosure are relatively rare so the judgment provides helpful guidance.
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Say farewell to credit and debit card surcharges
17 January 2018On 13 January 2018, new rules came into force in the UK which mean that, for most retail payments, traders can no longer charge a fee in addition to the advertised price of a transaction on the basis of a consumer’s choice of payment means (for example, credit card, debit card or e-money).
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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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English courts and overseas defendants: jurisdiction challenges and the “two-fold test”
15 January 2018When a dispute involves a foreign party or events that took place in another jurisdiction, questions often arise as to where the dispute should be determined.