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Penalty appeal kicked into touch - Nosworthy v Instinctif Partners Ltd
24 April 2019A court has recently upheld the actions of an employer (IP) which enforced bad leaver provisions contained in its articles of association (Articles). Those provisions required a resigning employee (N) to transfer her shares for minimal consideration and forfeit her loan notes.
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Employment status decision – National Gallery experts are workers
23 April 2019Continuing the trend of cases about employment status, a group of expert educators who worked for the National Gallery have been found to be workers by an Employment Judge (“EJ”).
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Adult re-entry visas abolished in Ireland from 13 May
17 April 2019A welcome announcement from the Minister for Justice and Equality means that from 13 May 2019, visa required nationals who hold a valid Irish Residence Permit (IRP) or Garda National Immigration Bureau (GNIB) card will no longer need to apply for a re-entry visa to travel back to Ireland. It is sufficient for them to show their IRP/GNIB card for visa purposes.
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New Employment Permits Regulations in Ireland
16 April 2019The Employment Permits (Amendment) Regulations 2019 ('the Regulations') will take effect from 22 April 2019. They will be a welcome relief in certain sectors struggling to fill roles with EEA citizens.
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The impact of protestors on retailers and how to deal with them
12 April 2019Everyone has the right to hold opinions and impart information and ideas including by peaceful assembly and association with others. These are ‘human rights’ which we all enjoy and which protect the right to protest and which may not be interfered with by a public authority. However, whilst the right to protest is enshrined in law, any protest must be lawful and balanced with the rights of others, including those at whom the protest is directed.
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Ads & Brands Law Digest: April 2019
10 April 2019Welcome to the April 2019 issue of our monthly Ads & Brands Law Digest, which I hope will be of interest and use to you. 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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Removal of outdated contractual entitlement following transfer was not void
09 April 2019The Employment Appeal Tribunal (“EAT”) has upheld a decision that the removal of outdated contractual entitlements following a TUPE transfer was not void, as the sole or principal reason was not the transfer or a reason connected with the transfer
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Ask about… Retail, Fashion & Hospitality
09 April 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, consider how it should be dealt with and provide our advice. This month we asked James...
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Pre-transfer dismissal was by reason of transfer and automatically unfair
09 April 2019The Court of Appeal (“CA”) has upheld a decision that the dismissal of an employee immediately before a TUPE transfer was automatically unfair because the principal reason was the transfer. The CA rejected the transferee employer’s contention that the reason for the dismissal was personal to the employee’s circumstances and so unrelated to the transfer.
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High Court construes TUPE indemnity
08 April 2019The High Court (“HC”) has considered whether a TUPE indemnity for employment payments “which fall due” prior to the transfer date included sums whose payment dates had not yet crystallised.
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Outsourcing: TU recognition application against service provider and client thrown out
05 April 2019The High Court has dismissed a judicial review of two decisions of the Central Arbitration Committee (CAC) in relation to outsourced workers based at the University of London. The CAC had rejected applications by the Independent Workers Union of Great Britain (IWGB) for recognition for collective bargaining.
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Harry Potter, Fracking, eco-warriors and ‘mob rule’ or freedom of expression – the Court of Appeal decides in the Ineos injunction case
04 April 2019Where is the dividing line between mob rule and lawful freedom of expression? This is one of the leading questions of the day. Should students be permitted to invite politicians with extreme views onto campus? Should a celebrated Oxford law professor be sacked for alleged homophobia? What about Brexit? Should protestors be arrested for confronting our MPs and expressing their views? And companies carrying out their lawful business – should they be allowed to do so without interference from protestors?
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Government’s “porn block” roll out delayed
01 April 2019Two weeks ago we commented on the anticipated introduction of age verification controls on porn sites which were due to come into force today. It is now understood that the implementation of these controls has been delayed, with some media outlets reporting that an official announcement is expected this week.
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Sports Q&A - What are the key terms to be aware of when preparing and negotiating Heads of Terms in lease transactions?
01 April 2019Here we look at some of the key things to be aware of with regards to heads of terms (HoTs) in commercial lease transactions, such as taking new office space or granting a lease of space in a stadium, and why HOTs are so important.
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Neurodiversity, autism and the workplace
01 April 2019“Neurodiversity” is a relatively new term, but increasing numbers of employers are seeking to plug their skills gap by developing a more neurodiverse workplace.
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Dublin LS Mixer @ 6 - the in-house network you should be at!
28 March 2019Lewis Silkin was delighted to host its first Dublin LS Mixer @ 6 this month for in-house counsel working in the creative, innovative and brand centric sectors in Ireland. The mixer is an opportunity for in-house counsel to hear from Lewis Silkin on the burning issues in their industry but also (and more importantly) to network and benchmark with fellow in-house counsel.
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Dublin LS Mixer @ 6 - the in-house network you should be at!
27 March 2019Lewis Silkin was delighted to host its first Dublin LS Mixer @ 6 this month for in-house counsel working in the creative, innovative and brand centric sectors in Ireland. The mixer is an opportunity for in-house counsel to hear from Lewis Silkin on the burning issues in their industry but also (and more importantly) to network and benchmark with fellow in-house counsel.
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"Play the whistle!" - Whistleblowing in Ireland
26 March 2019It seems that the FAI does not just have to worry about the results on the pitch as the qualification campaign for Euro 2020 kicks off, or the fact that they owed their CEO a significant sum of money (while also paying his rent) some time ago.
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Employees fined for unlawfully obtaining data
25 March 2019It is not just businesses that need to worry about the long arm of data protection, the Information Commissioner’s Office (“ICO”) has warned, after two employees were convicted of unlawfully accessing personal data and fined
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Technology, Customer Authentication and PSD2: payment service providers (and retailers) - are you ready?
25 March 2019Apparently, we will, globally, spend some $4.9 trillion in e-Commerce transactions by 2021. Smartphones generated over 42% of eCommerce revenues in 2018 and there has been a ten-fold increase in biometric smartphones in the last two years. However, against the backdrop of our increasing transactional reliance on smartphones and other mobile devices, e-Commerce fraud increased by 33% in 2016. This put pressure on the EU to keep up with the way in which we shop and to enhance consumer protection by reducing the potential for fraud.