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Government legislates to preserve EU-based discrimination law – what does this mean for employers?
16 November 2023The government has published draft regulations amending the Equality Act 2010 to ensure that discrimination protections derived from EU law are preserved after Brexit. Some of these changes are significant because they involve rights that have not regularly been applied in practice in the UK.
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Financial promotion exemptions for high net worth individuals and sophisticated investors: HM Treasury publishes its response
15 November 2023HM Treasury has published its Response to the Consultation: Financial promotion exemptions for high net worth individuals and sophisticated investors (Consultation) which set out proposals to reform exemptions in the Financial Promotion Order 2005 (FPO) relating to high net worth individuals and sophisticated investors.
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Comparison between the Digital Services Act and the Online Safety Act 2023
14 November 2023The Online Safety Act recently received Royal Assent and is likely to come into force late next year. The Digital Services Act comes into force in EU member states, as well as the EEA in early 2024. How do these regimes overlap and differ and how can UK companies comply with both (particularly when many may think they are not in scope for the DSA, but they may well be)?
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Economic Crime and Corporate Transparency Act 2023: Key changes
10 November 2023In this article we identify, at a high level, the changes that the Economic Crime and Corporate Transparency Act makes to UK company law; its practical effects are far reaching and introduce significant changes which will affect the day-to-day running of companies.
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Government to legislate on changes to TUPE consultation requirements and to clarify record keeping requirements
09 November 2023The government has confirmed they will proceed with planned reforms to clarify that employers do not have to record daily working hours of workers and extend the limited circumstances when employers can consult with employees directly about a proposed TUPE transfer.
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Government to legislate on holiday entitlement and pay: here’s what it means for employers
09 November 2023EU rules on holiday pay will be kept, according to new regulations unveiled this week. For workers with irregular hours or who work part of the year, so-called ‘rolled-up’ holiday pay will be allowed and there’ll be a new system for calculating holiday entitlement. Our article looks at the new laws coming into force from 1 January 2024.
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People with convictions: changes to rules on the rehabilitation of offenders
08 November 2023Following changes to the rules on the rehabilitation of offenders, thousands of job seekers no longer need to disclose criminal records when applying for jobs. We look at how the rules around spent convictions have changed and how this could be a catalyst for employers to reconsider their approach to this issue.
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Commitment and Collaboration - key takeaways from the Smart Building Show 2023
07 November 2023Smart tech and smart buildings are now becoming a priority for business leaders and owners, but the current climate challenges require commitment and collaboration. At the recent Smart Buildings show we learnt more on how smart buildings are part of a solution to a complex problem:
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£3.3 billion of unused apprenticeship levy funds have been returned to the Treasury – should you be thinking about apprenticeships?
06 November 2023We’re now almost two months into the new academic year and what would have been the start date for many new apprentices. Whilst the next academic year may feel a long way off, with over £3.3 billion of unused apprenticeship levy funds returned to the Treasury, now is a good time to consider your apprenticeship recruitment strategy for 2024 and how you can make the best use of apprenticeship funding.
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5 Tips to Help De-Risk Your AI Service Contracts
06 November 2023The pace of recent technological advances is forcing tech giants and other software providers (from Zoom to OpenAI) to regularly update their terms of service. This underscores the importance of ensuring that existing contractual frameworks remain fit for purpose in the age of artificial intelligence. If you are procuring AI services, we have compiled a list of five things that you can do right now to help de-risk your contracts with suppliers of AI solutions.
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Ads & Brands Law Digest: October 2023
02 November 2023Welcome to the October 2023 edition of our Digest, covering legal and regulatory developments from the last few weeks relevant to advertising, marketing and brand-owning businesses. As usual, for each item we provide a succinct summary accompanied by a link to the full text of the relevant official source or our own report.
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Is an opposition to ‘woke’ politics a protected philosophical belief?
02 November 2023In the latest decision on workplace ‘culture war’ clashes, a tribunal has found that an opposition to critical race theory amounts to a protected philosophical belief. It’s a further example of how employers have a heightened risk of claims in the context of increasingly polarised public discourse, as employees with strongly conflicting beliefs all have a right not to suffer discrimination.
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UK immigration options for competitive esports players
01 November 2023The esports industry is rapidly evolving. As a popular host of international competitive events, the UK needs to continue to attract and retain competitive esports players. An esports visa may be in the pipeline, but for now, esports players should be aware of UK’s available immigration routes.
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AI, recruitment and the law: how do equality and data protection laws regulate this process?
31 October 2023The regulation of AI is front and centre of the minds of policymakers around the World. Central to concerns raised about the rapidly increasing use of AI are the risks of bias and discrimination, particularly in the employment context. We look at how existing equality and data protection laws apply to these kinds of automated decisions.
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Discrimination and bias in AI recruitment: a case study
31 October 2023Barely a day goes by without the media reporting the potential benefits of or threats from AI. AI is being used more and more in workplace decisions: to make remuneration and promotion decisions; to allocate work; award bonuses; manage performance and make dismissal decisions. One of the common concerns is the propensity of AI systems to return biased or discriminatory outcomes. By working through a case study about the use of AI in recruitment, we examine the risks of unlawful discrimination and how that might be challenged in the employment tribunal.
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The new law on sexual harassment has been passed
27 October 2023The new law on prevention of sexual harassment has received Royal Assent. What do employers need to know, and what should they be doing now?
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Cap on bankers’ bonuses to be lifted: what does it mean for firms?
26 October 2023It’s official. The cap on bankers’ bonuses is being lifted. There are some opportunities for firms here, but it doesn’t mark the return of excessive risk taking.
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Neurodiversity, employment policies and employment claims: what’s the latest?
25 October 2023With neurodiversity becoming a more prominent focus of diversity strategies and litigation, it may be time for employers to think differently about people who think differently.
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FCA fines Equifax £11 million for 2017 data breach - five years after the ICO
25 October 2023This insight provides a summary of The UK’s Financial Conduct Authority’s (“FCA”) fines to Equifax Ltd (“Equifax”) £11,164,400 for failing to manage and monitor the security of UK consumer data it had outsourced to its parent company in the US, following a data breach in 2017.
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Big Immigration Health Surcharge increase for Q1 2024
24 October 2023The Immigration Health Surcharge will increase from 16 January 2024 at the earliest. The new yearly rate for most affected applicants will jump from £624 to £1,035. Employers and affected applicants should consider applying ahead of the rise where possible.