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Recruiters legal obligations when workers switch occupations Carla Feakins writes
Press
18 September 2020Covid-19 has driven rapid changes in the jobs market, with some roles now in extremely high demand while others are almost disappearing. Recently published data from the Office for National Statistics (ONS) highlights that between January and June 2020 more workers changed occupation than during the same period last year, with over half simultaneously moving into a different major industry.
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ICIBI calls for evidence on the performance of UKVIs commercial partners
16 September 2020Employers and other stakeholders have until 1 October 2020 to provide the Independent Chief Inspector of Borders and Immigration (ICIBI) with views on how well the commercial partners of UK Visas and Immigration are performing, both for applications made in the UK and abroad.
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Employment law and nonbinary people - what employers need to know
15 September 2020In this article, we discuss the current position under the Gender Recognition Act 2004 and the Equality Act 2010 and suggest some practical steps employers can take to support employees of all genders.
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Hong Kong Lawyer case summary Music Holdings Property v Ooi Lean Choo
Press
14 September 2020In a case summary published by the Hong Kong Lawyer, Catherine Leung looks at a recent case concerning an employee committing fraud.
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Lewis Silkin - How Photography Entrepreneurs Can Protect Their Work From Image Theft - Anna Caruso comments for Forbes
14 September 2020Digital technology has transformed the world of professional photography and enabled many people to turn a hobby into a successful business. But, while the internet has made it easy for photographers to showcase their images, it has also made it easy for people to steal them to post on their own websites or social media pages. Anna Caruso comments further in this article for Forbes.
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Schrems II – The Wall Street Journal reports that the Irish DPC will order Facebook to stop transfers of personal data to the United States
10 September 2020In the first major supervisory authority action The Wall Street Journal reports that “Ireland to Order Facebook to Stop Sending User Data to U.S.”. We have previously written that the key to dealing with the fallout from Schrems II is to have a calm head, and not to panic; does this decision change things?
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Sports Q&A - Is there trouble on the horizon for algorithms in sport?
10 September 2020Algorithms have featured heavily in the news lately, albeit for the wrong reasons. The algorithms used to determine UK school examination results were eventually abandoned after a chorus of derision and condemnation over their apparent discriminatory bias against students from disadvantaged backgrounds and some questionable outcomes.
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Employment contract of transferring worker can be split between transferees
09 September 2020In a transfer of an undertaking involving multiple transferees, the European Court of Justice (ECJ) has ruled that under the EU Acquired Rights Directive (ARD), the employment contract of a transferring worker can be split between each of the transferees.
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Transfer-related contractual changes void even if beneficial for employees
09 September 2020The Employment Appeal Tribunal (EAT) has ruled that the provision under TUPE which renders contractual variations void if they are made because of the transfer applies to changes that are advantageous as well as detrimental to employees. On the facts of the case, this meant that owner-directors who had made significant improvements to their own employment terms before a TUPE transfer could not enforce these against the transferee.
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Acquired Rights Directive may apply even if significant tangible assets do not transfer in asset-focused business
09 September 2020In a German case, the European Court of Justice (ECJ) has considered whether the EU Acquired Rights Directive could apply to the transfer of an asset-focused business where significant tangible assets did not transfer due to legal, technical or environmental constraints.
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Transferee not party to TUPE claim should appeal to EAT for suspension of re-engagement order
09 September 2020The Court of Session (CS) in Scotland has ruled that a transferee who had not been a party to the original Employment Tribunal (ET) claim, but had a re-engagement order made against it, could only seek the suspension of that order by appealing to the Employment Appeal Tribunal (EAT). The transferee could not apply directly to the CS to have the order suspended.
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New legal risks for recruiters: Carla Feakins writes for People Management
Press
08 September 2020While the recruitment industry is subject to general legal regulation, additional legislation applies in some sectors such as agriculture, food processing and the care sector. This may require recruiters to be licensed and subject to a rigorous compliance regime.
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Lewis Silkin advises Be Heard management team on terms of the acquisition of Be Heard by MSQ
Deal
04 September 2020Lewis Silkin has advised the management team of Be Heard Group on their ongoing terms with MSQ following the acquisition of Be Heard Group by MSQ.
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Setting up a competing business
Inbrief
03 September 2020Many owner-managers and entrepreneurs plan to start new businesses in the same space as their current one. Managing this transition effectively is often the key to success in the new business and getting it wrong can result in the new business failing before it has even started.
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Check your tech to help put the fizz back in your biz!
03 September 2020Following Jeremy Hunt’s recent comments about the buzz, creativity, fizz and excitement that office working can bring, many employers will be considering how best to manage the return to work process as safely as possible.
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A Hong Kong legal perspective The cost of ignoring employees mental health Kathryn Weaver
02 September 2020Kathryn Weaver speaks to Human Resources Online on how employers can manage the mental wellbeing of their employees returning to the office in Hong Kong after months of lockdown isolation.
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Are employees in Hong Kong required to take Covid-19 tests? Key employer considerations
02 September 2020In order to detect and cut any invisible transmission chains of COVID-19 in the community, the Hong Kong Government launched the Universal Community Testing Programme (the “UCTP”) on 1 September 2020, providing one-off free testing services to all Hong Kong residents.
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Pandemic sparks fears over skills visas: Naomi Hanrahan-Soar comments for Relocate Global
Press
02 September 2020Predictably, the coronavirus pandemic has led to an unprecedented fall in the amount of skilled migration, overseas assignees, intra-company transfers and foreign student numbers. Now, experts are wondering how long it will take for the global situation to return to something approaching normal.
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Positive action speaks louder than words - five principles for employers
02 September 2020This article explores the legal limits of positive action in the workplace, including the situations where it is permissible to give preferences on gender or ethnicity grounds to make up for historic lack of opportunity, and what employers can and cannot do to improve diversity in their shortlists or hiring slates.
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What happens to furloughed workers when the government scheme ends? Lucy Lewis comments for Yahoo
Press
02 September 2020The coronavirus outbreak has not only caused thousands of deaths around the world but has caused untold damage to the economy: on 7 May the Bank of England warned the pandemic will push the UK economy towards its deepest recession on record.