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UK product certification post Brexit
11 May 2021A consequence of the UK leaving the EU which has perhaps attracted less attention than other areas, such as border checks, is the new regime for product certification. Under EU law, many products must carry the CE mark to show that they are safe and comply with relevant laws.
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Topical issues in Irish employment law
06 May 2021This article focuses on three areas of employment law in Ireland that have seen recent significant developments: employment status and the gig economy; collective bargaining arrangements; and gender pay gap reporting.
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Some important pointers about EU Settlement Scheme-related deadlines
05 May 2021The main EU Settlement Scheme (EUSS) deadline is looming on 30 June 2021, however there are other deadlines and considerations that applicants and their employers may not be aware of.
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Ads & Brands Law Digest: April 2021
05 May 2021Welcome to the April 2021 issue of our monthly Ads & Brands Law Digest.
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‘Adjusted’ gender pay gaps - an alternative approach to gender pay gap reporting?
04 May 2021Calculating an “adjusted” gender pay gap could provide useful context to an employer’s gender pay gap statistics and reveal systemic bias. But what is an adjusted gender pay gap and how is it calculated?
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ICO Children’s Code – what do businesses need to know and what should you be doing now?
04 May 2021At our latest In-House Data Club, Ali Vaziri and Tamsin Hoque brought us up to speed with the ICO’s Age Appropriate Design Code, more commonly known as the Children’s Code, which requires businesses to make necessary changes to their online products and services in order to meet the 15 standards set out in this statutory code of practice.
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Sports Q&A - What do clubs, agents and players need to be aware of regarding payments of agents’ fees?
28 April 2021In recent years, HM Revenue & Customs (“HMRC”) have ramped up their investigations into the tax affairs of the football industry with a particular focus on the tax treatment of agents' fees. According to research by the accountancy firm UHY Hacker Young, the number of footballers investigated by HMRC rose dramatically in the tax year 2019-20, going up from 87 to 246 individuals, and the number of investigations into the tax affairs of football agents also increased substantially, more than doubling from 23 in 2018-19 to 55 in 2019-20.
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コロナウイルスワクチン接種に関するQ&A
27 April 2021英国がCovid-19ワクチン接種プログラムを進めるにつれ、雇用主側は雇用法における多くの困難且つ未検討の問題に直面している。ここで紹介するQ&Aは、雇用主が従業員にワクチン接種を義務付けることができるかどうか、義務化の代替案、ワクチン接種のための休暇、およびその他の問題をカバーしている。 Employers are facing many difficult and untested employment law issues as the UK rolls out its Covid-19 vaccination programme. These FAQs cover whether an employer can make vaccination compulsory for its employees, alternatives to a mandatory requirement, time off for vaccine appointments and other issues.
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Home Office announces end to COVID-19 adjusted right to work checks
21 April 2021The Home Office confirmed on 20 April 2021 that the COVID-19 adjusted right to work check process will only remain in place until 16 May 2021. Although employers will need to undertake fully compliant right to work checks from 17 May 2021, they will not have to carry out retrospective checks where the adjusted process has been used.
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MAC call for evidence on Intra-Company Transfer route
20 April 2021The Migration Advisory Committee (MAC) is currently seeking stakeholders’ views on the operation and effectiveness of the Intra-Company Transfer (ICT) immigration route, as well as a potential expansion of the immigration options for overseas businesses setting up a presence in the UK.
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Gender pay gap reporting - what do the published statistics tell us so far?
14 April 2021Employers have until 4 October 2021 to report their gender pay gap statistics relating to 5 April 2020. With over 25% of employers having published their figures already, what do the results tell us so far?
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Recent changes in employment law in NI from April 2021
13 April 2021Set out below are various employment law changes due to come into effect from April 2021 in Northern Ireland.
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Are contract amendments agreed during lockdown legally binding?
08 April 2021Performing obligations in commercial contracts during the Government enforced lockdown has been a serious challenge for many businesses. Sometimes that challenge was so great that it was the catalyst for a breakdown of a business relationship. To avoid remaining bound by onerous obligations some parties felt compelled to terminate contracts.
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Will a court force a party to perform its contractual obligations?
08 April 2021As businesses start to get back to some kind of normality, they must be alive to their options if faced with a counterparty unable to comply with its contractual obligations in an uncertain economy. The usual remedy in such a scenario would be for the innocent party to sue the defaulting party for the loss and damage suffered as a result of the other party’s failure to fulfil its obligations.
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Did contractual dispute resolution clauses have immunity from the effects of Covid-19 and the lockdown restrictions?
08 April 2021As businesses plan to recommence operations, they must consider the legal implications of any action taken or contemplated to preserve contracts and business relationships and be alive to the potential consequences of action threatened or taken by other contracting parties. The actual or perceived amenable approach taken by some during the pressure of lockdown may quickly evaporate as the country returns to some sort of normality. This combined with economic uncertainty is likely to result in an increase in disputes.
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Can a contract be terminated if the effects of COVID-19 have prevented performance?
08 April 2021The COVID-19 pandemic has had a significant impact on businesses worldwide. Lockdown, restrictions, disruption to supply chains, increased pressure on cashflow and reduced capacity have all affected the ability of businesses to fulfil contractual obligations. Despite best efforts to co-operate, preserve contracts and maintain business relationships, as we emerge from lockdown and gradually return to some sort of normality, many will find themselves in a position where their counterparty remains unable to perform its obligations and will be in breach of contract.
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Under pressure: what kind of pressure makes a contract unenforceable?
08 April 2021Even as lockdown eases, multiple periods of restrictions over a sustained period and the wider economic impact of the COVID-19 pandemic have made the performance of many commercial contracts very difficult, if not impossible. As a result, some parties have sought to avoid their obligations altogether, whilst others may seek to amend them as they begin their post-lockdown operations.
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But you promised! Even without a written contract, promises can be enforced and rights given up.
08 April 2021Broken promises in commercial life can leave businesses in real difficulties. That feels particularly unfair when a party’s only mistake was to take the other at its word. Which is why in the normal course of things businesses should have written contracts to remove risk and uncertainty.
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Important amendments to guidance on document keeping for sponsor licence holders
06 April 2021On 16 March 2021 the Home Office made important clarifications to the documentation that sponsors of workers must keep regarding their recruitment activity. The changes are helpful and should not be onerous for sponsors to comply with, however there may be actions that some employers will need to take to ensure compliance.
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Ads & Brands Law Digest: March 2021
06 April 2021Welcome to the March 2021 issue of our monthly Ads & Brands Law Digest.