Insights & News
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Failing to enhance pay for shared parental leave is not sex discrimination
28 May 2019In an emphatic judgment, the Court of Appeal (“CA”) has ruled that it is not direct discrimination, indirect discrimination or breach of equal pay rights to provide enhanced pay for maternity leave and statutory pay only for shared parental leave.
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Employment benefits - a tool for attracting talent in Ireland?
28 May 2019Diageo’s recent announcement offering 26 weeks paid parental leave to all employees in Ireland, regardless of gender or sexual orientation or whether they became parents biologically, through adoption or surrogacy, is commendable.
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Employee ordered to pay over £500,000 in legal costs in a dispute involving breach of restrictive covenants and data privacy
24 May 2019Following a trial in the High Court where an employer was successfully awarded final injunctions to prohibit a former employee from breaching post-termination restrictions (“PTRs”), the losing employee was ordered to pay 90% of his former employer’s legal bill.
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Court of Appeal rules on liability of overseas co-workers for whistleblowing
21 May 2019In an unusual case of whistleblowing detriment brought by an overseas employee against two co-workers also based overseas, the Court of Appeal (“CA”) has ruled that the Employment Tribunal (“ET”) has no jurisdiction to hear the claim in relation to personal liability of the co-workers, because they were outside the scope of British employment law.
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Court of Appeal sets high bar for parties defending fraudulent misrepresentation claims and dismisses attempt to broaden transferred loss principle
21 May 2019The Court of Appeal has confirmed the presumption of inducement in cases of fraudulent misrepresentation will be “very difficult” to rebut and rejected a Claimant’s attempt to recover the loss of its subcontracting sister company via the “transferred loss” principle.
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European Court rules that employers must keep records of actual time worked
16 May 2019The European Court of Justice (“ECJ”) has ruled that employers must keep a record of all hours worked by their workers each day, in order to ensure compliance with the rules on maximum weekly working time and rest breaks.
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UsToo? – Addressing bullying and sexual harassment in the legal profession
16 May 2019Earlier this week, the International Bar Association published its report on bullying and harassment in the legal profession. The message is clear – as a profession we are not meeting the highest standards of conduct which are integral to our positions as bastions of the law. We must change within the profession, and take responsibility for driving wider societal change.
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The Good Work Plan - first steps down the path
15 May 2019Following the Government’s “Good Work Plan”, published last December, new legislation has recently been made to implement the first of the proposed changes. This article takes stock of the reforms enacted so far, flags some of the practical issues and sums up what’s still to come.
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Ireland - Gender Pay Gap Information Bill 2019 aims to ensure compliance and enforcement
08 May 2019The measures contained in the Gender Pay Gap Information Bill 2019 (“the Bill”), published on 4 April, show that the Irish Government is taking gender pay gap (“GPG”) reporting seriously. The Bill proposes to introduce various mechanisms, available to different groups of interested parties, designed to ensure that companies and government bodies comply with their GPG reporting obligations.
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Court of Appeal allows inspection of documents despite the risk of foreign prosecution
07 May 2019The Iranian bank, Bank Mellat, has lost its Court of Appeal bid to withhold customer documents from inspection in the English Courts despite the risk that this may expose the bank to prosecution in Iran.
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Contract law update: Recent developments and practical tips
03 May 2019On 2 May 2019, Mark Lim, Sohrab Daneshku and Nigel Enticknap from our commercial dispute resolution practice group hosted a seminar discussing provisions that commonly feature in commercial contracts. Whilst important, these terms may enjoy limited attention during negotiations. We covered recent case law, offered tips on how to interpret key clauses and discussed how to avoid common pitfalls. Below is a summary of some of the key points.
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EU Commission confirms its views on EWCs and a “no-deal” Brexit
01 May 2019The European Commission (“EC”) has recently revised its March 2018 guidance on the legal repercussions of the UK’s withdrawal from the EU for European Work’s Councils (“EWCs”), including the implications of a “no-deal” Brexit.
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Sports Q&A - Changes to FIFA's intermediary regulations - What do I need to know?
01 May 2019In this month’s Q&A, we take a look at the new and more stringent intermediary regulations which are being proposed by FIFA.
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Media & Entertainment Legal Digest: March - April 2019
29 April 2019Welcome to the latest issue of our ‘Media & Entertainment Legal Digest’. We have selected the legal and regulatory developments from the past two months or so that we think are most likely to be of interest, with a very brief summary and then a link to the official source or full text of the item.
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Secure future: Good news for tenants in relation to their retail premises
29 April 2019Whilst recent years has seen a trend for retailers to shift from a store-based past to a digital future, for many retailers having a high street presence remains an important part of their brand. Indeed for some retailers, (particularly high end fashion labels) it is critical for their flagship store to be seen to be in a prime location to contribute to the luxury image associated with their brand and they will often pay substantial premiums to ensure they secure a lease of a prime site. Further significant sums will subsequently be spent on the shop fit-out.
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Tier 1 Entrepreneur visa holders
25 April 2019Due to changes in the Immigration Rules effective from 29 March 2019, existing Tier 1 (Entrepreneur) migrants may only extend their leave in this category if they apply on or before 5 April 2023. They may only apply for Indefinite Leave to Remain on or before 5 April 2025. This means that if you wish to stay in the UK, you must ensure that you meet the requirements for extension and Indefinite Leave to Remain by these dates.
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Influencing for Impact – the Law Society report on the need for gender equality in the legal profession
25 April 20192019 marks the 100 year anniversary of women having the right to qualify as solicitors and barristers (as well as serve on juries and act as magistrates).
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Dispute Resolution Update - April 2019
24 April 2019Welcome to our April 2019 Dispute Resolution Update which brings you news and our views on law and practice for dispute resolution. We’ve included articles on domestic disputes and international disputes, including summaries of recent cases. We have also included client guides on key aspects of dispute resolution.
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Keeping accurate records or disqualification and potential prison time? Surely an easy choice!
24 April 2019Evidently not for some…
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Can restrictive covenants survive a TUPE transfer or are they TUPE’doed?
24 April 2019“To be, or not to be: that is the question.” Many will know these to be Hamlet’s words early in the eponymous play. TUPE or not TUPE (with respect to restrictive covenants) is a thought that most buyers of a business have, but often too late in the day. What do these two have in common? Potentially tragic consequences.