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Global Climate Strike – five key questions for employers
09 September 2019On Friday 20 September 2019, an unprecedented ‘Global Climate Strike’ is set to take place. Millions of employees across the world are being invited to walk out of their workplaces. What are the implications for employers?
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The Government provides some clarity on the immigration rights of EEA citizens arriving post-Brexit
06 September 2019After Media reports started circulating yesterday, the Government have now released its policy paper on their ‘No deal immigration arrangements for EU citizens arriving after Brexit’.
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Populism and employment law
02 September 2019This study of the impact of the recent emergence of ‘populist’ political parties on global employment law is based on a survey of 11 jurisdictions where populism is assessed to be a significant political force. It was produced in collaboration with Ius Laboris member firms in those countries.
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Sports Q&A - Can I share the club’s marketing database with our sponsors?
02 September 2019So it’s the end of summer, but all is not lost. The Rugby World Cup is just around the corner, we’ve still the Ashes to be settled, and the Solheim Cup is taking place at beautiful Glen Eagles in two weeks’ time. Meanwhile, focusing on the business of sport, in our Q&A this month Mark Hersey clarifies that GDPR hasn’t completely kiboshed monetising your marketing database through sponsorship.
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Assumptions and discrimination in the employment process
30 August 2019The Court of Appeal has confirmed it was unlawful for a police officer to be refused a transfer because of a mistaken perception that her disability would affect her future performance. The ruling found that the Acting Chief Inspector of Norwich (ACI Hooper) had rejected Ms. Coffey’s transfer application based on the assumption that her hearing loss would render her incapable of successfully undertaking front-line duties, despite her experience as a front-line police officer for two years in Wiltshire, without any adjustments to the role.
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At the eleventh hour, the UK Government goes back to the drawing board on no-deal immigration for Europeans
20 August 2019UK industries will be deeply concerned by reports surfacing over the weekend that the Government's plans for a no-deal immigration system are being ripped up. They suggest that the Government are determined to end free movement immediately if the UK leaves the EU on 31st October 2019 on a no-deal basis and that it currently does not have a plan in place for what will replace it. With only 73 days to go to exit day, the Government are going back to the drawing board.
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Publicity remains the “soul of justice” as Supreme Court rules non-party should be allowed access to court documents
16 August 2019The Supreme Court has found that the courts have inherent jurisdiction under the constitutional principle of open justice to grant public access to documents placed before them or referred to during hearings – but “it is for the person seeking access to explain why he seeks it and how granting him access will advance the open justice principle”.
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Ireland: Applying for Irish Citizenship? Do you need to cancel that break to chase the final summer sun?
16 August 2019On 24 July 2019 the High Court ruled in Roderick Jones v Minister for Justice and Equality that no applicant seeking naturalisation in Ireland can be granted citizenship if they have spent a single day outside of Ireland in the year immediately preceding their citizenship application.
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Ireland: Applying for Irish Citizenship? Do you need to cancel that break to chase the final summer sun?
16 August 2019On 24 July 2019 the High Court ruled in Roderick Jones v Minister for Justice and Equality that no applicant seeking naturalisation in Ireland can be granted citizenship if they have spent a single day outside of Ireland in the year immediately preceding their citizenship application.
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Home Office consultation on modern slavery statements and compliance audit
15 August 2019A consultation has been launched to strengthen the obligation to publish a modern slavery statement under the Modern Slavery Act 2015 (“MSA”) and to improve the quality of statements being published. Meanwhile, a Home Office audit on business compliance with the legislation is ongoing.
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Trade Mark and Design Service Charges
13 August 2019This inbrief will cover Trade Marks and Design Service Charges including applications, renewals, revocation, opposition, invalidity, European trade mark action and foreign marks.
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Trade Mark Searches – important notes
13 August 2019Trade mark searches are conducted to assess the risk of infringing earlier third party rights through the use of the proposed mark. This guide includes definitions of the types of rights and searches, international searches and key limitations.
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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.