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Discrimination because of a perceived disability is unlawful confirms Court of Appeal
26 June 2019The Court of Appeal has found that it is unlawful to discriminate against a person because of a mistaken perception that they have a progressive condition which would make them unable to perform the full functions of the role in future.
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The Law, the ‘Outlaws’ and Ad Tech’s O.K. Corral
26 June 2019Programmatic advertising is often likened by commentators to the Wild West: some because they consider it to be a lawless place where anything goes; others because it pushes boundaries and is creating a new frontier. Wherever you stand on that metaphor, ad tech is looking like it’s about to have its own ‘Gunfight at the O.K. Corral’ moment – a shootout in the EU prompted by a long-simmering feud between privacy’s ‘lawmen’ and the advertising industry’s ‘outlaws’ finally boiling over.
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UK CAC upholds the relocation of European Works Council arrangements to Ireland due to Brexit
21 June 2019The Central Arbitration Committee (“CAC”) has ruled that multinational companies headquartered outside of the European Union are not prohibited from relocating their European Works Council (“EWC”) arrangements from the UK in anticipation of Brexit. Relocation does not undermine employees’ information and consultation rights and is in accordance with the fundamental EU law principle of freedom of establishment.
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The EU adopts a work-life balance directive
21 June 2019The Directive, which brings in new rights for carers and working parents, must be implemented in all EU member states by the middle of 2022. We look at what it means for employers.
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Protests against LGBT teaching at Birmingham Primary School
20 June 2019The Public Sector Equality Duty provides that public authorities have a duty to eliminate discrimination, harassment and victimisation whilst advancing equality of opportunity and fostering good relations between people who share a relevant protected characteristic and people who don’t share it. Primary schools in advancing LGBT rights and fostering good relations have been met with protests and demonstrations which Birmingham City Council sought to restrain by injunction.
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A Trailer for GDPR Season 2: Creating a ‘Culture of Accountability’
19 June 2019In our previous article*, we looked at some key scenes from the first season of the GDPR. This next part takes a peak at what’s likely to be the main plot for season 2 (spoiler alert).
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What are the key changes to the FA's regulations on working with intermediaries?
19 June 2019The FA has announced some changes to the FA’s Regulations on Working with Intermediaries (“the FA Regulations”). The changes have been expected and follow a consultation process with key stakeholders such as intermediaries themselves.
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Court of Appeal decides that unions do not have a veto during collective bargaining
17 June 2019The Court of Appeal (“CA”) has ruled that offers made directly by an employer to its employees in relation to pay and working hours did not amount to an unlawful attempt to bypass collective bargaining contrary to section 145B of the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”). S.145B is only engaged if the employer’s purpose is to stop employees’ terms of employment from being determined by collective agreement on a permanent basis.
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Lachaux: defamation clients must prove “serious harm”
17 June 2019Has a statement about you caused you serious harm? That is the question posed by section 1 of the Defamation Act 2013, which has been the subject of a long running defamation claim brought against the publishers of the Evening Standard, the Independent and the Huffington Post. The Supreme Court has now delivered its judgment on the interpretation of section 1, which has significant implications for the media industry.
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IR35 – What is changing and what you need to do
17 June 2019The government is committed to cracking down on “disguised employment”. In order to achieve that, the IR35 rules are changing in April 2020.
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The EU gets Transparent and Predictable
14 June 2019The EU’s Transparent and Predictable Working Conditions Directive - long in the gestation – is on the brink of becoming law. We look at what it means.
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Pensioner sues Wolverhampton Wanderers over design of logo
13 June 2019Wolverhampton Wanderers Football Club have succeeded in defending a copyright claim in which the claimant contended that he designed their distinctive wolf head logo over 40 years ago.
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Law Society Report: AI in the Justice System
13 June 2019The Law Society has now published the final report of its Technology and the Law Commission (the “Commission”) investigation into the use of algorithms in the justice system. It follows a year-long exploration by the Commission of whether algorithms’ use within the justice system should be regulated to protect human rights and trust and, if so, how.
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Voluntary overtime must be included in holiday pay if sufficiently regular and settled
12 June 2019The Court of Appeal (“CA”) has confirmed that the Working Time Directive (“WTD”) requires voluntary overtime to be included in holiday pay if it is sufficiently regular and settled to amount to normal remuneration. On the wording of their NHS contracts, the claimants were also entitled to have both compulsory and voluntary overtime included in their holiday pay.
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Ask about... Retail, Fashion and Hospitality
12 June 2019Many of our clients in the retail, fashion and hospitality sector face similar HR issues. Each month one of the members of our team will identify an issue, ask how you would deal with it and provide our advice. This month we asked Emma...
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The Trade Secrets (Enforcement, etc) Regulations 2018, one year on
07 June 2019The UK implemented legislation on 9 June 2018 bringing into force the EU Trade Secrets Directive. This article looks at the impact this legislation has had in the employment context where a claim for misuse of confidential information may now also include a statutory claim for misuse of trade secrets.
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Fail to cooperate at your peril! Court finds that contracting party’s conduct was a repudiatory breach of an implied duty to cooperate
04 June 2019In a recent case, the court implied a duty to cooperate where close collaboration between the parties was required to perform the contract. The Court also found that one party’s failure to cooperate was a repudiatory breach that the counterparty could rely on in treating the contract as terminated.
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APAC Bulletin - May 2019
03 June 2019Welcome to the May 2019 edition of our APAC Bulletin covering the latest employment and immigration updates across the region.
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Ads & Brands Law Digest: May 2019
30 May 2019Welcome to the May 2019 issue of our monthly Ads & Brands Law Digest. We have selected the legal and regulatory developments from the month that we think are most likely to be of interest, with a very brief summary and then a link to the original and official source or full text of the item.
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GDPR Season 1: Off to a Slow Start?
30 May 2019Like winter in the popular HBO series Game of Thrones, privacy professionals warned that ‘GDPR is coming’ many months, years even, before the army of supervisory authorities (SAs) and data subjects started to amass on their doorsteps. For the most part, the warning fell on deaf ears. It was only when the first snows had already started to fall, signalling the imminent arrival of winter, that GDPR preparations began in earnest – with panic soon turning into hysteria, for some.