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Landlords: don’t give away a penalty. Points to consider when preparing a rent concession agreement
20 October 2021Given that many tenants have been in acute financial difficulties as a result of the pandemic, we have seen a significant increase in rent concession (or other concessionary) side letters.
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Directors’ duties and climate change litigation: if not now, when?
17 November 2021For the last two weeks, many of us have been watching events unfold at the COP26 UN Climate Change Conference. Each day seemed to bring a mixed bag of news, some positive and some disappointing.
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Data security & the supply chain: understanding responsibilities, risk and recourse when it comes to suppliers
28 March 2022Supply chains are important, complex and fragile. Attacks on them are, however, on the rise. Organisations remain vulnerable even where they’ve invested in shoring up their own defences, and seemingly small players in an organisation’s supply chain can introduce disproportionately high levels of risk. The age-old adage about only being as strong as your weakest link is just as true today.
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When is collective bargaining exhausted and a direct offer of new employment terms allowed? The EAT confirms an objective test
21 June 2022In the first reported application of the Supreme Court’s landmark Kostal decision, the Employment Appeal Tribunal has ruled that an employer could not unilaterally declare that its negotiations with its recognised trade union had finished. As unionised employers may only make direct offers to employees after exhausting their collective bargaining procedure, the employer now faces punitive fines.
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When can a mistake not be corrected? Court of Appeal rules collective agreements are not capable of rectification
03 November 2022A recent Court of Appeal decision has confirmed that employers cannot seek rectification of mistakes in collective agreements. Where agreements with unions about terms and conditions have been wrongly recorded, employers will be limited to seeking to rectify relevant employees’ individual employment contracts in as far as they incorporate the mistaken terms.
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When we can expect the government to push ahead with its delayed changes to the NPPF: Sara Hanrahan comments for Planning Resource
10 July 2023When the housing department published its consultation on draft changes to national planning policy last December, it said the immediate revisions would take effect this spring. However, the government’s consultation response is yet to appear and officials are reluctant to give a timescale.
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Thinking ahead - Tenant considerations when finding new premises
11 January 2024For a corporate occupier, committing to a multi-year lease with a substantial rent as well as added service charge liability is a significant financial commitment.
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Digital, Commerce & Creative 101: Ticking the boxes when selling to consumers
14 August 2024Today, it is possible to buy almost anything online. Indeed, many businesses do not have physical premises at all, instead operating entirely from online stores, allowing consumers to purchase anything they want instantly at the click of a button.
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TUPE takeaways: when is there a business transfer or service provision change?
16 August 2024In the third of our new TUPE takeaway series of articles, we discuss a recent case involving the closure of a care home and transfer of its staff and residents which raised basic questions about when TUPE is triggered.
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European Court rules bosses can monitor employees' private messages on WhatsApp and other messaging services
14 January 2016Michael Burd comments in The Independent on the decision made by The European Court of Human Rights allowing companies the right to monitor workers' emails.
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Record €225 million fine imposed by DPC in WhatsApp transparency decision
03 September 2021The Irish Data Protection Commissioner (DPC) has imposed a record €225 million fine on WhatsApp Ireland Limited for breaching the General Data Protection Regulation’s (GDPR) transparency obligations “with regard to the provision of information and the transparency of that information to both users and non-users of WhatsApp’s service”, including information about the processing of their data between WhatsApp and other Facebook companies.
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Whats happening in employment law across Asia Pacific
15 March 2016This seminar, in conjunction with Rajah & Tann, will discuss hot employment and immigration law topics in Asia.
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Merry whatever
19 December 2013In an Economist article, Tom Heys comments upon recent rulings on religious beliefs and how even conventional legal definitions of religion are getting murky.
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What can brands learn from Instagram?
21 January 2013In an article for The Guardian's Media Network, Jo Farmer discusses the perils of using user generated content (UGC) and the lessons Facebook and Instagram have learnt as a result.
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Amazon’s trademark infringement: What do retailers need to know?
11 February 2014After the High Court ruled that Amazon breached the copyright of Lush, Lewis Silkin's client and the ethical cosmetics firm, Retail Week have published a new Q&A about the implications of the ruling.
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Holiday pay ruling: what does it mean?
05 November 2014A landmark tribunal hearing has ruled that overtime should count in holiday pay.
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As nervy regulators grapple with interim rules, what does the future hold for e-cigarette advertising?
04 December 2014Lewis Silkin has written an article for The Drum.
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What exactly constitutes a sackable offence?
27 March 2015Michael Burd has been quoted in an article by The Telegraph.
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US Government HR hacked: what if such a data breach happened in the UK?
10 June 2015Steven Lorber has been quoted in an article by Personnel Today. The article examines the impact of data protection breaches in the UK, after data affecting millions of workers was hacked at the Office of Personnel Management (OPM), the HR department for the US Federal government.
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What’s new copycat?
14 July 2015After research by a consumer group revealed the extent of copycat packing in the UK, James Sweeting examines the challenge facing brand owners