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Record keeping guidance for Points-Based System sponsors updated
13 August 2019The Home Office has made significant updates to Appendix D to the guidance for Points-Based System sponsors, which sets out sponsors’ record keeping duties.
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Holiday does not need to be prorated for term-time workers
12 August 2019The Court of Appeal has held that holiday entitlement and pay for workers on permanent contracts should not be prorated to reflect the fact that they work on a “part-year” basis.
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Processing personal data and consent in the employment context – what are the issues?
07 August 2019The Hellenic Data Protection Authority has imposed a €150,000 fine against an employer which had inappropriately relied on consent as the lawful basis for processing employee data. This decision is an important reminder for employers and data controllers on the limitations of using consent as a valid basis for processing employee data in the post- 25 May 2018 EU General Data Protection Regulation (“GDPR”) landscape.
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Privilege disapplied: the “iniquity” exception
06 August 2019In an application brought by a hotel portfolio company (in liquidation) for a declaration that it was entitled to disclose a number of documents within its possession, the High Court has considered when the “iniquity” exception will apply to legal professional privilege. So what is the iniquity exception and what does a party need to establish in order to rely on it?
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Nottingham Forest FC loses High Court claims following club’s sale but plans appeal
06 August 2019The High Court has dismissed claims arising out of the sale of Nottingham Forest Football Club (“the club”) for breaches of indemnities in the share purchase agreement (“the SPA”) and for the alleged misrepresentation of the club’s liabilities.
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New guidance issued for landlords renting to eGate-eligible visitors
06 August 2019The Home Office has updated its Short Guide to Right to Rent following the expansion of e-passport gate access to individuals from Australia, Canada, Japan, New Zealand, Singapore, South Korea and the USA from 20 May.
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Hong Kong hit by “city-wide strike” - how should employers respond?
05 August 2019A large number of employees in Hong Kong vowed to participate in a “city-wide strike” today (5 August 2019) in a further attempt to make their political demands heard. What should employers bear in mind from a legal and employee relations standpoint in considering their response?
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Protecting confidential information – what steps can a company take when information is disclosed to the wrong person?
05 August 2019The High Court has entered judgment in default in favour of the Advertising Standards Authority (ASA) in a claim brought to protect its confidential information and privileged material accidentally emailed by an employee to the wrong person. The Court had previously granted the ASA an interim injunction to prevent disclosure of the information by the recipient, pending a hearing of the claim. This case highlights steps employers can take to protect confidential information in these circumstances.
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Women and Equalities Committee proposes radical changes to enforcement of discrimination law
02 August 2019A “fundamental shift” is required in the way discrimination claims are brought so individuals do not carry the burden of enforcing their rights, a report by the Women and Equalities Committee (“WEC”) has recommended. Instead, the WEC has said that the Equalities and Human Rights Commission (“EHRC”) must “overcome its timidity” and be bolder in using its existing powers.
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EWCs cannot slow down managerial decision-making
02 August 2019In the UK’s first appeal case on the operation of a European Works Council (“EWC”), the Employment Appeal Tribunal (“EAT”) has ruled that EWCs cannot slow down managerial decision-making by delaying the provision of an opinion after being informed and consulted.
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Sports Q&A - What are the key changes to the new FIFA Disciplinary Code?
01 August 2019John Shea and ISDE Madrid Sports Law Masters student Udo Seckelmann (currently on a 3 month placement with Lewis Silkin) have used their football expertise to answer this month’s question about the updated FIFA Disciplinary Code.
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The US Federal Trade Commission issues $5bn fine to Facebook and demands significant conduct changes
31 July 2019The fine, which is the highest ever imposed in the data privacy sphere, accounts for approximately 9 % of Facebook’s 2018 revenue. Even more significantly, however, the conduct order requires Facebook to change the way they operate.
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Ads & Brands Law Digest: August 2019
31 July 2019Welcome to the August 2019 issue of our monthly Ads & Brands Law Digest.
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Ireland: Increase in parental leave entitlements from 1 September 2019
31 July 2019In the latest development of plans to extend parental leave in Ireland, the Minister for Justice, Charlie Flanagan, signed the commencement order for the Parental Leave (Amendment) Act 2019 on 23 July 2019.
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Hong Kong Government changes rules to allow same-sex couples to elect joint tax assessment
29 July 2019Following the Court of Final Appeal (“CFA”) decision in Leung Chun Kwong v Secretary for the Civil Service and Commissioner of Inland Revenue, Hong Kong’s Inland Revenue Department (“IRD”) has confirmed that it has now changed its internal rule book to allow same sex married couples to apply for joint tax assessment.
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Deal or no deal? The angst continues.
29 July 2019With Brexit day pushed back to 31 October and the fate of the UK’s future relationship with the EU still up in the air, it is understandable that many EU, EEA and Swiss citizens (‘‘EEA citizens’’) on this side of the English Channel remain uncertain about how to protect their rights in the UK.
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Redeployment rights for pregnant employees and maternity returners announced
25 July 2019One of the parting shots of Theresa May’s Government has been to confirm its decision on plans to extend the right to redeployment in a redundancy situation to cover pregnant employees and those returning from maternity or adoption leave.
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Response published to consultation on misuse of confidentiality clauses
25 July 2019As part of a flurry of responses and new consultations issued in the last days of Theresa May’s Government, the response to the consultation on measures to prevent misuse of confidentiality clauses in the workplace has been published. It sets out a number of significant legislative proposals which, when implemented, will necessitate redrafting of these clauses in both employment contracts and settlement agreements.
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Ireland: Luas driver re-engaged as dismissal held to be a disproportionate sanction
25 July 2019A recent Labour Court decision reminds employers that they could be ordered to re-employ employees they have unfairly dismissed. Employers should also consider whether dismissal is a proportionate response to a disciplinary issue even in situations where the employee admits misconduct and the employer has followed a fair procedure.
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Data security breaches - a tale of two airlines
25 July 2019Recent decisions by privacy regulators in the United Kingdom and Hong Kong have highlighted contrasting approaches towards data security breaches affecting customers of two major airlines.