Insights & News
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Chancellor Philip Hammond’s consumer protection announcements
14 March 2017The Spring Budget is not usually an occasion for tackling the nitty-gritty of consumer protection, but last week the Chancellor promised a number of Government initiatives likely to impact upon consumer-facing businesses.
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Matthew Rowbotham comments for Essential Retail: Sharing is caring, and a bit daring – should you be preparing?
10 March 2017Matthew Rowbotham, Head of Tax, Reward and Incentives, takes a look at why e-tailers should consider employee ownership.
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Bonuses of contention: the treatment of incentive schemes in gender pay gap reporting
09 March 2017Carolyn Soakell blogs for Practical Law’s Employment Blog - Bonuses of contention: the treatment of incentive schemes in gender pay gap reporting
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You will NOT believe what the Chancellor did next!
09 March 2017Except of course, you probably will believe it. It’s a Budget, not an M Night Shyamalan film. And even by the standards of Budgets, it’s rare for a Chancellor to do as much as Philip Hammond has to set expectations for surprise and drama this low. In fact, some were surprised about some of the things the Chancellor didn’t do on, for example, self-employment. But we’re getting ahead of ourselves.
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Test for ‘old-style’ transfer of economic entity requires multifactorial approach
08 March 2017The Employment Appeal Tribunal (“EAT”) has ruled that an employment tribunal, in finding that the termination of a franchise agreement gave rise to a relevant transfer under TUPE, made the mistake of focusing on one particular factor and failing to adopt a multifactorial approach assessing all the relevant circumstances.
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Confirmation that collectively agreed terms are ‘static’ for transferring employees
08 March 2017In two joined cases referred to the European Court of Justice (“ECJ”) by the German Federal Labour Court, an Advocate General (“AG”) has handed down an advisory opinion on the effect of a TUPE transfer on employment terms governed by a collective agreement.
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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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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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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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New restrictions on European migrants from March
28 February 2017The Prime Minister is expected to trigger Article 50 in March 2017
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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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Lewis Silkin speaking at Law Society Brexit seminar
27 February 2017Karen Baxter, head of Lewis Silkin’s Professional Services sector group, will be speaking at The Law Society’s event on the implications of Brexit for in-house lawyers on 28 March in relation to employment law.
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“(Section 55) Shades of Gray” - using the Data Protection Act to prevent employees misusing or taking data
27 February 2017A recent case has highlighted a potentially helpful mechanism in the Data Protection Act 1998 (“DPA”) for employers to use if they are concerned about employees taking data when they leave.
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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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Clarification on tax changes for the public sector ‘off-payroll’ workers
22 February 2017HM Revenue & Customs has issued guidance on forthcoming changes to the IR35 rules where workers provide their services to a public authority through a personal services company (“PSC”), i.e. a company owned and controlled by the worker.
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Overview of: ‘Data Analytics and the Future of Elite Sporting Performance’ forum 7 February 2017
21 February 2017The Lewis Silkin Sports Business Group hosted its latest forum event, ‘Data analytics and the future of elite sporting performance’ on Tuesday 7 February, at which our esteemed panellists provided real insight on how elite athletes and teams are increasingly relying on data analysis to gain a competitive edge.
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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.