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Irish Data Protection Commission’s Facebook decision – more unwanted scrutiny from its critics?

29 October 2021

In an Irish Data Protection Commission (DPC) draft decision, which has been published by Max Schrems’ on his None of your Business website, the DPC has proposed to fine Facebook up to €36 million over the social media giant’s lack of transparency and clarity in informing their users about the legal basis used to process their data. It found that “the lack of transparency goes to the heart of data subject rights and risks undermining their effectiveness by not providing transparent information”.

Furlough scheme extended until end of March

05 November 2020

The government’s Coronavirus Job Retention Scheme (aka the furlough scheme) has been extended until the end of March 2021. Although this is welcome and will allow for more effective business planning, the new five-month extension may mean some employees will spend an entire year on furlough.

Self-employed financial support extended until April 2021

12 November 2020

The government’s Coronavirus Self-Employment Income Support Scheme has been extended for a further six months, providing two further three-month grants after the expiry of the second grant period.

Unsafe property causes death, but still no claim allowed

02 November 2017

A man visits a friend at his flat, falls down the stairs of the building (which are unsafe) and is killed. You would expect his widow would be able to sue the owner of the building in respect of her loss wouldn’t you?

Act now or pay later? FCA publishes important guidance on ensuring fair terms in unregulated Buy Now Pay Later credit agreements

24 February 2022

In relation to unregulated “Buy Now, Pay Later” (BNPL) credit agreements, the government has consulted and intends to bring these products within the scope of regulation

Unregistered designs: Open and shut case (Brands & IP Newsnotes - issue 4)

08 February 2017

In a recent case, Action Storage (a producer of lockers, such as the ones installed in schools) sued G-Force (another producer of lockers) for infringing its design rights in producing a similar product.

Explainability and AI: how can a decision be unpicked at an individual level?

17 January 2024

To accompany our article on explainability in AI, we have put together an example illustrating how an employment related decision generated by an algorithm could be explained at an individual – or local – level.

How can I recover unpaid debts?

03 February 2023

Even without a difficult economic landscape, establishing a strategy to recover a debt can make the difference between sitting comfortably and struggling through. It’s important to be aware of the different routes to recovery – and their limitations. Use this overview to understand your options and which option is best for your circumstances.

New Deal talking points: Will a ban on unpaid internships make a difference?

31 July 2024

One of Labour’s proposals to raise wages for workers is a long-awaited ban on unpaid internships. But when many interns should already be legally paid, will a ban be a material change?

Employment Rights Bill unpacked: day one unfair dismissal rights

17 October 2024

How will the Employment Rights Bill change unfair dismissal law? And what - if anything - can employers do to prepare? Our article takes a deep dive into the issues.

Ethnicity pay gap reporting: new legislation looks unlikely after report by Commission on Race and Ethnic Disparities

31 March 2021

Ethnicity pay gap reporting should be voluntary, according to a new report published by the Commission on Race and Ethnic Disparities.

Employment Appeal Tribunal confirms that an employer’s attempt to bypass collective bargaining was unlawful

10 January 2018

A recent decision of the Employment Appeal Tribunal (“EAT”) has confirmed that offers made directly by an employer to its employees risk amounting to unlawful attempts to bypass collective bargaining contrary to s145B of the Trade Union and Labour Relations (Consolidation) Act 1992. This was a costly exercise for the employer as they were ordered to pay penalties of more than £400,000.

Unlawful offers to bypass collective bargaining – narrow scope confirmed

09 September 2021

If an employer tells employees who are members of a recognised trade union that it will unilaterally impose new terms, it is not making an “offer” amounting to an unlawful inducement to bypass collective bargaining, the Employment Appeal Tribunal has confirmed. The members’ redress is limited to their rights under contract law, such as to work only “under protest” and sue for breach of contract.

Unjust enrichment claim against receiving payment service provider relating to an ‘APP’ fraud can continue to trial

17 July 2024

The High Court has rejected an application by the defendant, a receiving Payment Service Provider (PSP), for reverse summary judgment or strike out of an unjust enrichment claim made by a victim of an authorised push payment (APP) fraud.

University ordered to pay £2.5 million in discrimination claim

24 July 2019

The 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”.

Jude Bellingham transfer: The rules Manchester United and their competitors will have to negotiate to sign Birmingham's star midfielder

19 March 2020

Like everything in sport right now, Jude Bellingham’s future is on hold. But it now feels inevitable that Birmingham City’s prized asset will be flying the coop. However, if he is to get a dream move away, then his youth will play an important role. In this article for City A.M. John Shea comments on the complications of transfers for minors.

Deliveroo defends union recognition application by demonstrating its riders are genuinely self-employed

15 November 2017

The Central Arbitration Committee (“CAC”) has rejected an application from the Independent Workers’ Union of Great Britain (“IWGB”) for collective bargaining rights in respect of Deliveroo riders, in a case in which Lewis Silkin acted for Deliveroo.

Trade union’s Deliveroo judicial review challenge fails

05 December 2018

The High Court (“HC”) has dismissed a judicial review challenge to a finding by the Central Arbitration Committee (“CAC”) that Deliveroo riders are not “workers”. The HC ruled that the riders are not in an “employment relationship” for the purposes of European law.

Christmas postal strike prevented due to union’s interference with postal ballot

18 December 2019

The Court of Appeal (“CA”) has upheld the High Court’s decision to grant an injunction preventing a Christmas strike by postal workers. The injunction followed interference by the Communication Workers Union (“CWU”) in the postal ballot process by strongly encouraging its members to intercept their ballot papers before they were delivered to their homes.

Industrial action - summary judgment refused despite union’s ‘improbable’ defence

21 May 2020

The High Court has considered a case which the employer, Royal Mail, alleged was a “classic case of unballoted strike action done at the instigation and with support of local officials”. The court refused an application for summary judgment, despite finding the trade union’s defence to be “improbable”.