Insights & News
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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.
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"You ate my sandwich" - monitoring employees in the workplace
22 March 2019I would never give up a meal but I certainly wouldn’t begrudge someone a taste (unless they were a sibling – that’s a different story). I would trust my fellow employees to keep their distance but if my lunch started to disappear daily I’m not sure what I would do - maybe a simple note, a lunch box with a lock, surveillance? – possibly too far but if your employer had to set up CCTV to protect your soup and sandwich, the question arises as to what level of monitoring can be undertaken by an employer and what expectation of privacy do employees have at work?
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Social media platforms under increasing pressure to protect users from harm
21 March 2019For many of us, using social media has become an integral part of life. However we are increasingly aware of the impact of social media on mental health and the harm that can be caused from exposure to certain content which is easily accessible online, as well as the harm that can be caused from misuse of personal data and data breaches. Access to content promoting terrorism and the increasing prevalence of ‘fake news’ and hate speech have all made headlines recently.
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EAT rules in first UK appeal case on European Works Councils
20 March 2019In the UK’s first ever appeal case on European Works Councils (“EWCs”), the Employment Appeal Tribunal (“EAT”) has ruled that a Special Negotiating Body (“SNB”) can continue to exist after the third anniversary of a request to establish a EWC.
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Ian Jeffery features for The Law Society Gazette: Too much information?
18 March 2019Ian Jeffery has featured in an article for The Law Society Gazette which discusses data-driven law firms and asks what does it actually mean in practice? and how are law firms really using data to support and grow their business?
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Court of Appeal maintains interim springboard injunction in team moves case
15 March 2019Lewis Silkin has been successful in the Court of Appeal in resisting a challenge to the appropriateness of a springboard injunction secured in the High Court late last year. The injunction relates to ongoing legal proceedings concerning a team move and prevents a number of our client Secarma’s former employees and their new employers from competing and otherwise acting unlawfully.
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Sports Q&A - What does the CMA's latest guidance on influencers mean for athletes?
15 March 2019This month's Q&A examines the CMA’s recent guidance on the hoops which influencers need to jump through to ensure their fans are aware when their content is in fact advertising, and what this means for athletes.
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Immigration fee changes from 29 March 2019
14 March 2019The Home Office has released details of its immigration fees from 29 March 2019.