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European Commission issues draft “platform worker” legislation
10 December 2021The European Commission has released draft legislation to reform conditions for platform economy workers in the EU. The centrepiece is a proposal to create a “rebuttable presumption” of employed status if persons working via platforms fulfil at least two of five criteria. The EU would also require greater human involvement where algorithms are used to make management decisions.
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Plan B – implications for employers
09 December 2021The Prime Minister has announced that England will move to ‘Plan B’ in response to the rapid rise of cases of the Omicron variant. This article sums up the practical implications for office workers, Christmas parties, self-isolation requirements and the ongoing question of compulsory vaccination.
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Lloyd v Google – the Supreme Court decision and its impact on data litigation
09 December 2021Now that the dust is settling on the long-awaited judgment of the Supreme Court in Lloyd v Google, it is worth reflecting how we ended up here, as well as what it means for the future of data litigation. After all, Lloyd v Google [1] was the case that was set to determine whether floodgates would open in the UK when it comes to ‘opt-out’ data & privacy class actions.
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Digitalisation trends in the immigration context
07 December 2021In this article, we look at some examples of the UK’s immigration and nationality digitalisation programme, focusing on the implications for migrant workers, their sponsors, and business visitors.
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Ads & Brands Law Digest: December 2021
06 December 2021Welcome to the December 2021 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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ASA Chief Executive Guy Parker in conversation Fireside chat highlights
03 December 2021On Tuesday afternoon, Brinsley Dresden, Partner and Head of our Advertising & Marketing Sector Focus Group, welcomed Guy Parker, Chief Executive of the Advertising Standards Authority (“ASA”), for their second annual fireside chat to discuss how the ASA is facing up to some of the big issues in the advertising and marketing industry.
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Acas guidance sounds a note of caution to employers on ‘fire and rehire’
02 December 2021New guidance from Acas says that employers should “think carefully” before taking the “extreme step” of using fire and rehire practices to change their employees’ terms and conditions. Acas stresses the importance of employers first exploring all other options and consulting their employees in a genuine and meaningful way. The guidance was produced at the government’s request, but it neither changes current law nor has any formal legal status.
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New judgment further restricts employers’ scope for responding to industrial action
01 December 2021The Employment Appeal Tribunal recently interpreted the law on detrimental treatment for trade union activities in a way that limits the scope for employers to respond to industrial action. In another decision, it has now decided that participating staff may also bring claims under separate blacklisting regulations, which entitle employees to potentially far greater compensation in the form of an automatic minimum award of £5,000.
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Understanding the growing differences between employment laws in Great Britain and Northern Ireland: comparative employment law table
30 November 2021Over recent years, employment law in Great Britain (GB) and Northern Ireland (NI) has increasingly diverged. This is due to NI employment law largely remaining static, while there have been continuing significant changes in GB. Employers should be mindful of the differences when engaging staff in both jurisdictions.
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The policy and legislation changes to expect this winter: Sara Hanrahan comments for Planning Magazine
29 November 2021With levelling-up a key government policy, the start of 2022 is set to hot up with the government setting out its response to feedback on the planning white paper
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Six countries added to COVID-19 red list for England
26 November 2021South Africa, Botswana, Eswatini, Lesotho, Namibia and Zimbabwe have been added to the COVID-19 travel red list for England from midday GMT on Friday 26 November 2021.
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The Hospitality Industry’s Covid Balancing Act: Anna Sella writes for CLH News
26 November 2021From 19 July 2021 (dubbed 'Freedom Day' by some), the Government effectively transferred the responsibility for deciding what amounts to appropriate measures to keep workers and customers safe into individual businesses. And there is no one-size-fits-all answer - even businesses in the same sector will need to take into account very different considerations.
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Class pay gap reporting: a social mobility tool for employers?
24 November 2021There’s a growing trend in employment law towards using transparency as a method of driving change. Whilst mandatory class pay gap reporting might not be imminent, this article considers the drivers behind an increasing number of organisations reporting voluntarily in this area as a measure to address social mobility disadvantage in the workplace and identifies the legal and practical issues employers need to consider.
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What we can learn from contrasting ASA decisions on ‘green’ almond milk ads: Brinsley Dresden writes for The Grocer
19 November 2021Environmental claims should be based on an analysis of the full lifecycle of a product, including production, transportation, and retail.
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Government unveils scheme for binding arbitration in relation to COVID related rent arrears
17 November 2021On 9 November 2021 the government published its proposals regarding a new Code of Practice together with draft legislation, known as the Commercial Rent (Coronavirus) Bill, to deal with arrears accumulated during the Covid pandemic period.
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What can we expect from the new Global Business Mobility route?
17 November 2021The Home Office is due to launch the new Global Business Mobility route in Spring 2022. Last month the Migration Advisory Committee (MAC) gave recommendations on certain aspects of the route, and these are currently under consideration by the Home Office. In this article we look at what we do (and don’t) know about the likely shape of the new category.
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Directors’ duties and climate change litigation: if not now, when?
17 November 2021For the last two weeks, many of us have been watching events unfold at the COP26 UN Climate Change Conference. Each day seemed to bring a mixed bag of news, some positive and some disappointing.
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Linda Hynes comments on current waiting times for employment permits in the Sunday Independent
16 November 2021Work permit staff in overtime drive to reduce delays
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Should bosses be fined for texting or emailing staff on weekends? Síobhra Rush comments on The Anton Savage Show
15 November 2021New laws in Portugal mean that bosses will be fined for texting or emailing staff on weekends or out of hours.
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The Impact of Brexit on UK Real Estate Law: Our Experience So Far
12 November 2021The direct legal impact of Brexit for real estate has been limited, as property law is a matter for EU member states rather than for the EU as a whole. But other consequences have been felt.