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Travel to the EEA for British citizens after a no-deal Brexit

26 September 2019

Despite many of Brexit’s particulars remaining up in the air, with 31 October fast approaching it is crucial to be aware of a no-deal Brexit’s implications for British citizens intending to travel to the EEA.

New application deadlines for Tier 1 Investors in Government bonds

30 September 2019

There are new Immigration Rules in effect from 1 October 2019 which affect Tier 1 Investor migrants whose first grant of leave was made under the rules in place before 29 March 2019 and who have invested in UK Government bonds.

Employee entitled to long-term disability benefits after TUPE transfer

02 October 2019

The Employment Appeal Tribunal (“EAT”) concluded in a recent case that, following a TUPE transfer, an employee who was unfairly dismissed and suffered disability discrimination was entitled to compensation on the basis he would have been entitled to long-term disability benefits until death or retirement, had he not been dismissed.

EU Acquired Rights Directive may apply to transfer of client investments to new firm

02 October 2019

In a Slovenian case, the European Court of Justice (“ECJ”) has considered whether the EU Acquired Rights Directive (“ARD”) applied to a situation in which a stock market intermediary ceased operations, but gave its clients the option to transfer their financial instruments and other managed assets to another named intermediary.

Responsibility for pay information transfers under TUPE

02 October 2019

In a recent case, the Employment Appeal Tribunal (“EAT”) has ruled that the duty of an employer to keep and provide pay records under national minimum wage legislation transferred under TUPE from the transferor to the new employer.

New guidance on use of confidentiality agreements in discrimination cases

17 October 2019

Guidance on the use of confidentiality agreements in discrimination, harassment and victimisation cases has been published by the Equality and Human Rights Commission (“EHRC”), covering both legal obligations and suggested good practice.

Judges are workers protected by whistleblowing law

22 October 2019

The Supreme Court (“SC”) has ruled that judges are workers under whistleblowing legislation and so are protected from being treated badly for making a protected disclosure.

Home Office publishes Immigration Rules covering no-deal Brexit

28 October 2019

On 24 October the Home Office laid a new Statement of Changes in Immigration Rules, to cover the situation where the UK leaves the EU on a no-deal basis, either on 31 October 2019 or at a later date.

Blockchain and the UK Property Industry

29 October 2019

Since 2015 there has been a growing body of commentary extolling the virtues of blockchain and how it could, and in all likelihood will, revolutionise the property industry. The fact that I (a commercial real estate lawyer and not the most tech-savvy of individuals) am writing a piece about it demonstrates how blockchain is becoming more mainstream but, I wonder, is all this talk of “revolution” a little excessive?

Green politics and employment law

30 October 2019

This study of the impact of Green politics on global employment law is based on a survey of 13 jurisdictions. It was produced in collaboration with Ius Laboris member firms in those countries.

The impact of the Global Climate Strike on the workplace

31 October 2019

On Friday 20 September 2019, millions of employees across the world were invited by climate activist Greta Thunberg to strike to promote immediate action on climate change. The strike represents an extension of the ‘school strikes’ that have been organised by young people over the past few months into the world of work, with the intention that the adverse economic impact caused by the strikes would kick governments into action.

Strike injunction refused because ballot notification complied with legal requirements

31 October 2019

Refusing an application by British Airways plc (“BA”) for an injunction to restrain strike action by airline pilots, the Court of Appeal (“CA”) ruled that the trade union had provided sufficient detail as to the “categories” of employees to be balloted under the statutory rules.

Changes to Hong Kong tax concessions

07 November 2019

The Inland Revenue (Amendment) (Tax Concessions) Bill 2019 was passed by the Legislative Council on 6 November 2019.

Dotted lines are disappearing but the Law Commission has joined the dots on electronic signatures

08 November 2019

Whistleblowing dismissal was unfair where decision-maker manipulated by another manager

28 November 2019

In a decision with implications for unfair dismissal law generally, the Supreme Court (“SC”) has ruled that it is not always necessary for a dismissing manager to know about whistleblowing disclosures made by an employee in order for that dismissal to be automatically unfair.

Impact of AI in retail

28 November 2019

Chatbots, facial recognition, biometrics and a host of other Artificial Intelligence (“AI”) technologies are being utilised by the retail sector at an increasingly progressive rate and it is predicted by 2020, 85% of customer interactions will be managed by AI.

Vegetarianism is not a belief for the purposes of the Equality Act 2010

30 November 2019

Despite the increase in ‘plant-based’ eating across the UK, the Employment Tribunal in Norwich has held that a vegetarian employee can’t make a claim for discrimination, as vegetarianism does not count as a ‘belief’.

Privilege lost in otherwise protected documents due to inclusion in settlement agreement

04 December 2019

In a recent case, the Court of Appeal (“CA”) upheld a ruling that documents which would otherwise have attracted “without prejudice” privilege had lost their privileged status because they had been incorporated into a settlement agreement. The documents were therefore disclosable.

Of feathers and tax

12 December 2019

Around 350 years ago, LOUIS XIV’S FINANCE minister, Jean-Baptiste Colbert, famously declared that “the art of taxation consists in so plucking the goose as to obtain the largest possible amount of feathers with the smallest possible amount of hissing.”

The year ahead for immigration

07 January 2020

With the new Conservative Government now bedding in and the Withdrawal Agreement Bill proceeding through Parliament, Brexit is all but certain to be going ahead at end of this month.