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Extending the reach of the Modern Slavery Act 2015
26 January 2017The link between an increasingly globalised economy and the labour rights of workers was put firmly on the commercial agenda by the Government when it introduced the Modern Slavery Act 2015 (“MSA”) in October 2015.
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Businesses urged to think ahead before the introduction of the Immigration Skills Charge
27 January 2017From April 2017, the Immigration Skills Charge (ISC) will significantly increase the fees payable by employers when sponsoring skilled migrants.
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Home Office emails migrants for information
01 February 2017It has come to our attention that the Home Office is emailing migrants whose leave is due to expire within a few weeks and inviting them to provide the following information:
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Indemnity costs intended to have chilling effect
07 February 2017Court orders indemnity costs in recognition of the fact that litigation became “out of control” due to factors that were attributable to the conduct of the Claimants and their legal representatives and experts in the lead up to trial.
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Pimlico Plumbers are workers not self-employed
14 February 2017In the latest development in a series of cases on employment status, the Court of Appeal has rejected an appeal by Pimlico Plumbers and found that a “self-employed” plumber should have been classed a worker.
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Dating apps get even more interesting
17 February 2017A Scottish court has recently refused to find that a legal partnership existed between two former friends and Mr Elliott in relation to a business arrangement to develop and exploit a couple of online dating apps. The court held that, without a contract, there was no partnership and Mr Elliott was not obliged to share the profits from the venture with the friends.
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Estate agent unable to claim his fee on successful property sale
17 February 2017The Court of Appeal has decided that it cannot imply contractual terms where there is no contract in the first place. In this case, it would not imply a term to enable an estate agent to recover his commission on a sale.
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Supreme Court upholds spouse minimum income requirement
22 February 2017The Immigration Rules regulate immigration of non-Europeans into the UK. Under the Rules, a non-EEA spouse must earn £18,600 each year before being allowed to join their partner in the UK. The lawfulness of this “minimum income requirement” has been scrutinised and ultimately upheld by the Supreme Court, although with some criticism.
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Industrial relations update
22 February 2017Our summary of recent “collective” employment law developments includes the latest on the Government’s industrial action reforms, the Court of Appeal’s ruling in the Boots case concerning a “sweetheart” recognition agreement and a decision of the Central Arbitration Committee (“CAC”) upholding an information request by the trade union Unite.
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Bad timing for a counterclaim
27 February 2017The provisions of section 35(3) of the Limitation Act 1980 will not enable a defendant to bring counterclaim that would otherwise be time barred before the proceedings had commenced.
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Continuous service for notice pay preserved on transfer
28 February 2017An Advocate General (“AG”) of the European Court of Justice has handed down an advisory opinion on an interesting TUPE issue concerning continuous service, arising in a case referred by the Swedish Labour Court
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Activities fundamentally the same despite alterations to location and scope of service
01 March 2017The Employment Appeal Tribunal (“EAT”) has upheld an employment judge’s decision that a service to provide accommodation-based support services for homeless people had remained fundamentally the same before and after a TUPE service provision change (“SPC”), despite alterations to the location and scope of the service.
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Beware of copyright when considering existing planning permission
02 March 2017The recent judgment in Signature Realty Ltd v Fortis Developments Ltd & Anor is an excellent example of the application of copyright in a planning and building context.
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Supreme Court ends British Gas challenge to holiday pay ruling
02 March 2017The Supreme Court has refused permission for British Gas to appeal against an important ruling that the calculation of holiday pay should include results-based commission.
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The risk for employers in bypassing collective bargaining
16 March 2017Where an employer has recognised a trade union for collective bargaining purposes, can it still put an offer directly to its employees? This was the thorny issue for consideration in a recent Employment Tribunal decision.
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Royal assent paves the way for Brexit
16 March 2017The Queen has this morning signed into law the European Union (Notification of Withdrawal) Bill which was passed by MPs and peers on Monday.
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Guideline on reduction in sentence for a guilty plea
16 March 2017The Sentencing Council for England and Wales has issued a new guideline. It applies equally in magistrates’ courts and the Crown Court, to all individual offenders aged 18 and older, and to organisations, in cases where the first hearing is after May 31 2017, regardless of the date of the offence.
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Important new guidelines for advertising prices to UK consumers
17 March 2017The long-awaited Guidance for Traders on Pricing Practices was finally issued by the Chartered Trading Standards Institute (CTSi) in December 2016. The previous guidelines had been around since the old DTI published its first Code of Practice in 1988, with the last iteration published by the Department for Business, Innovation and Skills (BIS) in 2010. Although the BIS guidance has been withdrawn, traders have until April 2017 to comply with the new Guidance. The Guidance will apply to any advertisers targetting UK consumers, including advertisers based abroad.
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CMA offers cash for whistleblowers
20 March 2017 -
New guidance on long-term sickness dismissals
23 March 2017The Court of Appeal has given some useful new guidance on the vexed question of when an employer can safely dismiss an employee who is on long-term sickness absence – although not all of the judges agreed with the result.