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Ads & Brands Law Digest: August 2023
25 August 2023Welcome to the August 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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Three reasons the EU Settlement Scheme is still relevant for employers
21 August 2023It is now over two years since the main application deadline for applications to the EU Settlement Scheme (EUSS). However, recent changes to policies on pre-settled status extensions, late applications and ongoing right to work considerations mean that understanding the EUSS is still very relevant for employers. In this article we flag some aspects for employers to be aware of and act on.
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Second-stage consultation launched on significant reforms to European Works Councils
18 August 2023The European Commission has published a second-stage consultation of the European social partners on strengthening social dialogue through a revision of the European Works Council Directive. Whilst draft legislation has still not been published, the reforms being contemplated would have profound implications for all businesses with a European Works Council.
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Monitoring British citizens’ travel in the Schengen Area: EES and ETIAS
15 August 2023Monitoring travel within the Schengen Area is due to significantly improve with the implementation of new IT systems. This article focuses on how the implementation of the Entry/Exit System (‘EES’) and the European Travel Information and Authorisation System (‘ETIAS’) is likely to affect British travellers.
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Exit Series part 4: Navigating lease surrenders
14 August 2023Exiting an office space can have implications for your business. By being well prepared and understanding your legal position, you can get it right first time and avoid any costly delays. In the final part of this series we explore lease surrenders and the issues surrounding them.
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UK visa requirements for offshore workers
09 August 2023Employers of workers within 12 nautical miles of the UK landmass must ensure that appropriate UK right to work is in place, and may be required to notify the Home Office of workers arrival in, and departure from, UK waters. All individual workers employed within the 12 nautical miles need a visa unless they are a British or Irish citizen, and are also subject to notification requirements.
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Illegal working civil penalties set to triple from 2024
08 August 2023From the start of 2024, the maximum civil penalty for employing an illegal worker will be raised from £20,000 to £60,000. The Home Office also intends to consult on strengthening sponsor compliance action where illegal working is found. Employers should act now to bolster their right to work checking processes to minimise the risk of incurring penalties and being subject to sponsor compliance action.
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New government consultation launched on occupational health
03 August 2023The government has launched a new public consultation aimed at increasing take up of occupational health services and addressing the workforce capacity of occupational health providers. We look at what the government consultation covers and the possible implications for employers.
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Beyond borders: how TUPE differs between Great Britain and Northern Ireland
03 August 2023Over recent years, the laws governing TUPE have diverged between Great Britain and Northern Ireland. This is due to Northern Irish employment law largely remaining static, while there have been some minor, but occasionally important, amendments to TUPE in Great Britain. With changes on the horizon, further divergence between the jurisdictions is likely. Employers who are involved in TUPE transfers should be mindful of the important differences between the jurisdictions.
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Sales consultants and warehouse workers found to be doing work of “equal value”
03 August 2023The Tribunal’s decision that the work of Next’s store-based sales consultants and warehouse workers is of equal value paves the way to what is likely to be the first claim of this type, brought against a major retailer, to reach a final hearing.
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Mind-reading tech in the workplace – a good thing, or the end of the world as we know it?
03 August 2023The ICO released its first report on neurotechnology on 8 June: a fast-emerging tech that records and processes data directly from an individual’s brain and nervous system (“neurodata”).
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Factsheet - Global Business Mobility: Senior or Specialist Worker
01 August 2023We have produced a useful factsheet on the visa route designed for overseas workers who have been temporarily assigned to work in the UK.
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The end of consent-less tracking by online platforms in the EU?
27 July 2023Like most of the ‘free’ internet, online social media are funded through online advertising that is tailored to individual users’ behaviour and interests. This decision of the CJEU in Case C-252/21 relates to one such platform, Meta, in respect of its online social network, Facebook. It is noteworthy for the advertising industry because it involves a competition authority determining data protection issues, and calls into question whether personalised advertising can be carried out by platforms on a basis other than consent.
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The Labour Party’s proposed reform to employment law - article series
26 July 2023Our series of insights explore the Labour Party’s proposals to reform employment law and what these might mean for businesses and workers’ rights.
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Exit Series part 3: The power of subletting for corporate occupiers
26 July 2023Exiting an office space can have implications for your business. By being well prepared and understanding your legal position, you can get it right first time and avoid any costly delays. In part three of this series, we discuss subletting, a flexible solution for corporate occupiers.
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Labour Party’s proposals to reform workplace rights – spotlight on trade union rights
26 July 2023As part of our series exploring the Labour Party’s proposed reforms to UK employment law, we consider its far-reaching proposals to expand trade union rights. If implemented by a future Labour government, these could profoundly impact industrial relations and the wider UK labour market.
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Strikes Bill on minimum service levels becomes law
25 July 2023The controversial Strikes (Minimum Service Levels) Act 2023 has been passed after the House of Commons rejected extensive amendments proposed by the House of Lords.
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New laws and new guidance: (sm)all change for flexible working?
25 July 2023Whilst the British summer may be a washout, things seem to be hotting up in the flexible working arena. The Flexible Working Private Members Bill has now come to fruition, consultation has been launched on a new Acas Code and guidance, and the government has issued a call for evidence to examine flexible working practices more broadly. But what is actually changing and what do employers need to focus on?
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Expanding UK and EU requirements to cyber-secure services and products in the supply chain
24 July 2023While we continue to wait for news from Whitehall on the UK government’s search for a “suitable legislative vehicle” to drive its proposed updates to the Network and Information Systems Regulations 2018 (NIS Regulations), we take a look at why the change is necessary to protect supply chains, what is proposed, and who it will likely affect – the focus being on providers of managed services. We also sum-up other key cybersecurity changes afoot, both in the UK and the EU, affecting participants in supply chains for services as well as hardware and software products.
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Five countries added to UK visa national list
21 July 2023Citizens of Dominica, Honduras, Namibia, Timor-Leste (East Timor) and Vanuatu are required to apply for UK visitor visas with effect from 15:00 BST on 19 July 2023 and direct airside transit visas with effect from 20 July 2023. A four-week transition period applies for individuals who hold a confirmed travel booking arranged before this time.