Insights & News
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Your employees and Brexit: the situation so far
14 August 2017With the Government’s announcement in June of its plan for EU migrants following Brexit, many UK employers are struggling to understand the potential effects of its proposal on employees who are EEA nationals or family members of EEA nationals.
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BAME footballers, unconscious bias and the workplace
08 August 2017A study published last year analysed the racial composition of professional football club leadership, looking at players, coaches and key decision-makers in Premier League and Football League clubs.
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Latest decision on holiday pay - regular voluntary overtime payments to be included
07 August 2017The EAT has clarified that regular voluntary overtime payments form part of “normal remuneration” and should be included in the calculation of holiday pay for the purposes of the four weeks’ minimum annual leave entitlement required by EU law.
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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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Thorny issues arising from the abolition of Employment Tribunal fees
04 August 2017The Supreme Court ruled last week that Employment Tribunal (“ET”) fees are unlawful. The case has significant constitutional and political implications, but also raises a number of thorny practical issues. We explore some of these issues here and will provide further updates as matters develop.
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Right to paid parental bereavement leave is coming
04 August 2017The Parental Bereavement (Pay and Leave) Bill, introduced into Parliament last month, would entitle employed parents who have lost a child to take statutory paid leave to allow them time to grieve. Although this is a private member’s bill, it is supported by the Government and would meet a Conservative manifesto promise to ensure “bereavement support” for employees – so there is a good chance it will become law in due course.
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Joanna Hunt writes for HR Magazine: EU nationals in the UK: Brexit and beyond
02 August 2017Joanna Hunt has written an article for HR Magazine as the government announces its long overdue plan for EU nationals and their family members.
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Beating the Brexit deadlock: squaring free trade with immigration controls
01 August 2017James Davies and Natasha Hotson have written an article for International Law Office which discusses the UK's position on immigration controls in current Brexit negotiations and possible framework options to maintain free movement of persons.
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Defences to infringement in the EU trademark reforms: a mixed bag
01 August 2017Simon Chapman has written an article for World Intellectual Property Review (WIPR) which discusses how the EU trademark reforms have provided a mixed bag for right owners.
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CDM 2015: Who is the Principal Designer?
01 August 2017By now, everyone is familiar with The Construction (Design and Management) Regulations 2015 (“Regulations”). However, there still seems to be confusion as to who should fulfil the role of the Principal Designer (“PD”).
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Supporting employees through Brexit
31 July 2017Many UK employers are struggling to understand the potential effects of Brexit on employees who are EEA nationals or family members of EEA nationals.
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Call for the Big Brexit MAC report… finally
28 July 2017The Migration Advisory Committee (“MAC”) have now been commissioned to produce evidence that will inform a new immigration system post-Brexit.
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Tech solution providers Getting Data Protection Ready
27 July 2017The General Data Protection Regulation (“GDPR”), takes effect from 25 May 2018, and brings about important privacy changes that will impact most businesses, particularly providers of technology, telecoms and data related platforms, solutions and services.
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FCA launches consultation on the extension of the Senior Managers and Certification Regime
26 July 2017On 26 July 2017, the FCA outlined its proposals for the extension of the Senior Managers and Certification Regime. The FCA intends that these rules, which came into force on 7 March 2016, be extended to all sectors within the financial services industry and that they will essentially replace the Approved Persons Regime. Though an implementation date will be set by the Treasury, the FCA expects this to be from 2018.
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Employment Tribunal fees ruled unlawful by Supreme Court
26 July 2017The Supreme Court (“SC”) has unanimously ruled that the legislation requiring fees to be paid for bringing Employment Tribunal (“ET”) claims is unlawful and should be quashed. In one of the most remarkable employment law judgments of recent times, the SC held that ET fees interfere unjustifiably with the right of access to justice and discriminate unlawfully against women.
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European Medicines Agency produces Q&A document on impact of Brexit for MA holders
24 July 2017As the UK prepares to leave the EU, the holders of marketing authorisations for human or veterinary centrally approved need to ensure that that they take appropriate steps to ensure that they comply with the establishment requirements in the EU/EEA.
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Ask About … Retail Fashion & Hospitality
19 July 2017Many 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 Poppy and Naomi...
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Whistleblowing public interest test considered by Court of Appeal
13 July 2017The Court of Appeal (“CA”) has considered the meaning of the “public interest” in whistleblowing cases. Disclosures which only affect a group of individuals within one employer can be in the public interest, but in most cases additional factors will also be needed.
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Squeezed out of validity and into the jurisdiction
13 July 2017UCB licensed Chugai rights to its tocilizumab patents. The licence contained an exclusive jurisdiction clause in favour of the English courts. Only one US patent remained in force. Chugai wanted a declaration that its tocilizumab products (sold only in the US) fell outside of the scope of the last patent and accordingly no royalty payments were due under the licence.
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Supreme Court upholds right to equal pension for same-sex partner
13 July 2017The Supreme Court (“SC”) has made an important ruling in a case brought by a gay man seeking to establish that, if he died, his husband should be entitled to the same survivor’s pension as a wife in a heterosexual marriage would receive. The Court ruled that an exemption in the Equality Act 2010 (“EqA”), allowing employers to exclude civil partners from pension benefits accruing before December 2005, was incompatible with EU law and should be disapplied.