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Redeployment rights for pregnant employees and maternity returners announced
25 July 2019One of the parting shots of Theresa May’s Government has been to confirm its decision on plans to extend the right to redeployment in a redundancy situation to cover pregnant employees and those returning from maternity or adoption leave.
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Response published to consultation on misuse of confidentiality clauses
25 July 2019As part of a flurry of responses and new consultations issued in the last days of Theresa May’s Government, the response to the consultation on measures to prevent misuse of confidentiality clauses in the workplace has been published. It sets out a number of significant legislative proposals which, when implemented, will necessitate redrafting of these clauses in both employment contracts and settlement agreements.
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Practical Completion and the Rectification Period
25 July 2019This guide on delay and completion considers: what is practical completion; the consequences of practical completion either happening or not; the options if practical completion is delayed and obligations arising during and at the end of the Rectification Period.
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Hong Kong Government changes rules to allow same-sex couples to elect joint tax assessment
29 July 2019Following the Court of Final Appeal (“CFA”) decision in Leung Chun Kwong v Secretary for the Civil Service and Commissioner of Inland Revenue, Hong Kong’s Inland Revenue Department (“IRD”) has confirmed that it has now changed its internal rule book to allow same sex married couples to apply for joint tax assessment.
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Trade Mark Management
30 July 2019Lewis Silkin has acknowledged IP expertise across many fields including brand protection and management; advertising, technology, media and entertainment, sports, data and litigation. With over 50 IP lawyers, trade mark attorneys and specialist support staff we work with a wide range of both national and international clients. Our trade mark team is one of the UK’s best, managing global IP portfolios for many household names.
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The US Federal Trade Commission issues $5bn fine to Facebook and demands significant conduct changes
31 July 2019The fine, which is the highest ever imposed in the data privacy sphere, accounts for approximately 9 % of Facebook’s 2018 revenue. Even more significantly, however, the conduct order requires Facebook to change the way they operate.
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Women and Equalities Committee proposes radical changes to enforcement of discrimination law
02 August 2019A “fundamental shift” is required in the way discrimination claims are brought so individuals do not carry the burden of enforcing their rights, a report by the Women and Equalities Committee (“WEC”) has recommended. Instead, the WEC has said that the Equalities and Human Rights Commission (“EHRC”) must “overcome its timidity” and be bolder in using its existing powers.
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EWCs cannot slow down managerial decision-making
02 August 2019In the UK’s first appeal case on the operation of a European Works Council (“EWC”), the Employment Appeal Tribunal (“EAT”) has ruled that EWCs cannot slow down managerial decision-making by delaying the provision of an opinion after being informed and consulted.
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Building contracts - good practice and inspections
06 August 2019This guide will look at how employers, contractors and consultants can form, improve and maintain good relationships. Many of these tips are not exclusive to building contracts, but are especially important in construction projects due to the number of parties involved and the often complex nature of the work. Good faith and alliancing provisions are outside of this note.
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Trade Mark and Design Service Charges
13 August 2019This inbrief will cover Trade Marks and Design Service Charges including applications, renewals, revocation, opposition, invalidity, European trade mark action and foreign marks.
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Home Office consultation on modern slavery statements and compliance audit
15 August 2019A consultation has been launched to strengthen the obligation to publish a modern slavery statement under the Modern Slavery Act 2015 (“MSA”) and to improve the quality of statements being published. Meanwhile, a Home Office audit on business compliance with the legislation is ongoing.
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Assumptions and discrimination in the employment process
30 August 2019The Court of Appeal has confirmed it was unlawful for a police officer to be refused a transfer because of a mistaken perception that her disability would affect her future performance. The ruling found that the Acting Chief Inspector of Norwich (ACI Hooper) had rejected Ms. Coffey’s transfer application based on the assumption that her hearing loss would render her incapable of successfully undertaking front-line duties, despite her experience as a front-line police officer for two years in Wiltshire, without any adjustments to the role.
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Populism and employment law
02 September 2019This study of the impact of the recent emergence of ‘populist’ political parties on global employment law is based on a survey of 11 jurisdictions where populism is assessed to be a significant political force. It was produced in collaboration with Ius Laboris member firms in those countries.
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Smart Floorspace Digitalising Retail Experience
10 September 2019Media coverage over the last year for the retail sector has been saturated with reports about the decline of the nation’s high streets.
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Home Office expands shortage occupation list as part of Immigration Rule changes
11 September 2019The Home Office laid a new Statement of Immigration Rules (HC 2631) on 9 September, immediately before Parliament was prorogued.
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The Labour Party announces plans for new Workers Protection Agency and Ministry for Employment
12 September 2019The Labour Party announced the proposals at the Trades Union Congress (TUC) conference this week, with the Labour Party Leader, Jeremy Corbyn, promising the “biggest ever” extension of employment rights in the UK designed to “put power in the hands of workers”.
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Migration Advisory Committee publishes call for evidence on salary thresholds
16 September 2019The Migration Advisory Committee (MAC) has issued a call for evidence from employers and other stakeholders, to feed into its consideration of what salary thresholds should be put in place for skilled workers under the post-Brexit immigration system. The scope of the Government’s commission to the MAC also includes a consideration of adding points-based eligibility criteria for skilled worker visas.
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Law Commission confirms legality of electronic signatures
19 September 2019Following consultation, the Law Commission has published its report on the electronic execution of documents and confirmed that, “An electronic signature is capable in law of being used to execute a document (including a deed) provided that (i) the person signing intends to authenticate the document and (ii) any formalities relating to execution of that document are satisfied.”
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Employer ordered to disclose privileged material
19 September 2019In a recent decision, an employer was ordered to disclose comments received from its external solicitor in relation to the dismissal of an employee because it had deliberately disclosed other related privileged documents which were helpful to its case. It could not cherry pick which privileged documents to rely on.