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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.
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University ordered to pay £2.5 million in discrimination claim
24 July 2019The Employment Tribunal has awarded a leading economist and lecturer £2.5 million as part of a discrimination claim against the University of Southampton. Richard Werner, who worked as a professor for the university from 2004 to 2018 and is known for coining the term ‘quantitative easing’, has claimed that he was the victim of a “harassment and bullying” campaign between 2010 and 2018 which began after he suggested changes to what he deemed to be “broken procedures”.
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Hong Kong has taken another significant step towards equality of rights for same sex couples
24 July 2019The Court of Final Appeal (“CFA”), Hong Kong’s highest court, has ruled that it is unjustified indirect discrimination to refuse a male government employee access to spousal benefits for his husband and the ability to elect for joint assessment of salaries tax.
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Hong Kong protestors “in breach of data privacy law”
24 July 2019Revealing officials’ personal data in protest against the proposed “Extradition Bill” was a breach of the Personal Data (Privacy) Ordinance.
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Consultation season is upon us!
24 July 2019Theresa May’s final days as prime minister have seen the launch of no fewer than seven consultation exercises on employment matters. While these will provide much food for thought over the summer holidays, it remains to be seen what approach the incoming administration led by Boris Johnson might take to the various issues under consideration.
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Model clauses for EU-US data transfers under threat in latest Schrems challenge
24 July 2019The privacy activist and student, Max Schrems, who started the litigation which ultimately led to the collapse of Safe Harbor, is pursuing a new challenge to the validity of model clauses. The case could have significant ramifications for EU-US data transfers, and also for UK-EU data transfers after Brexit.
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New report proposes radical whistleblowing reforms
19 July 2019The All Party Parliamentary Group for Whistleblowing (“APPG”) has published its report on the causes and impact of whistleblowing and their recommendations for an overhaul of the current laws for greater protection of whistleblowers.
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All systems go on extension of IR35 to the private sector from April 2020
12 July 2019The Government has confirmed it will extend the new IR35 rules to the private sector from April 2020, despite calls from professional bodies and others to delay the reforms.
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Secret recording of conversations is not necessarily gross misconduct
12 July 2019The Employment Appeal Tribunal has agreed that a claimant who secretly recorded a meeting with HR should have her compensation reduced, but did not accept that this was necessarily gross misconduct. The EAT also made a number of interesting comments about covert recordings and reductions of awards.