Insights & News
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“Settled Status” and supporting employees through Brexit
04 October 2018Following the Government’s announcement of its plan for EU migrants following Brexit, many UK employers are struggling to understand the potential effects of its proposal on employees who are EEA nationals or family members of EEA nationals.
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Sports Q&A - Are clubs allowed to ban their players from using social media?
27 September 2018This month’s question was inspired by comments from Manchester City boss, Pep Guardiola, about his first choice left back, Benjamin Mendy. During a press conference over the summer, Guardiola suggested that Mendy should, “forget a little bit the social media and improve a few things”. Mendy, who has a huge following on both Instagram and Twitter, vowed to “listen to the manager”...though he remains incredibly active online.
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Permission to issue a warrant for possession is no longer required in rent arrears cases
27 September 2018The Civil Procedure (Amendment No. 3) Rules 2018 (SI 2018/975) come into force from 1 October 2018 so that a writ or warrant for possession may be issued without the court’s permission where there has been non-compliance with an order suspending possession on payment of money.
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The Hong Kong Government announced that from Wednesday, 19 September 2018, their Immigration Department will for the first time recognise the nature of same-sex civil partnerships
27 September 2018This new policy means that the other party to a same-sex partnership will be able to apply to join their same-sex partner, who has been admitted into Hong Kong, for residence in Hong Kong as a dependant.
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The importance of gas safety
19 September 2018On 6 April 2018, the Gas Safety (Installation and Use) Regulations 1998 were amended with the new regulations allowing ‘flexibility’ for landlords when carrying out annual gas safety inspections. It’s important to note that these amendments do not change or relax a landlord’s obligations to carry out an annual gas safety inspection. They simply allow for the annual inspection to be carried out within a two month period prior to the expiry of the existing certificate, whilst retaining the existing expiry date.
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The MAC report: EU nationals will need work permits if they want to get jobs in the UK post Brexit
18 September 2018The Migration Advisory Committee has released today its long awaited report into the impact of EEA migration in the UK. The report is a key indicator of what the Government may do when they reveal their plans for the new immigration system which will govern how EU nationals are able to live and work in the UK after the Brexit transition period ends on 31 December 2020.
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Bisexuality and the workplace – don’t forget the B in LGBT+
18 September 2018There have been major advances in lesbian, gay, bisexual and transgender (“LGBT+”) rights over recent years with, for example, leaps forward in marriage equality and the decriminalisation of homosexuality in India. But more progress needs to be made. How can employers support their bisexual staff and create diverse and welcoming workplaces?
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MAC proposals will switch it up for Tier 4 students wanting to work in the UK
17 September 2018September marks the start of what is likely to be a busy few months in the world of immigration law, with the eagerly awaited Migration Advisory Committee’s report into the impact of EU workers on the UK economy likely to be released in the next few weeks and the long overdue immigration white paper following in October.
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Parental bereavement bill receives royal assent
14 September 2018The Parental Bereavement (Pay and Leave) Bill received royal assent yesterday to become the Parental Bereavement (Leave and Pay) Act 2018. It entitles employed parents who have lost a child to take statutory paid leave to allow them time to grieve. It is expected that the new rights will come into force in 2020.
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Blockchain and the UK Property Industry
12 September 2018Since 2015 there has been a growing body of commentary extolling the virtues of Blockchain and how it could, and in all likelihood will, revolutionise the property industry. The fact that I (a commercial real estate lawyer and not the most tech-savvy of individuals) am writing a piece about it demonstrates how Blockchain is becoming more mainstream but, I wonder, is all this talk of “revolution” a little excessive?
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Data breaches under the GDPR - will the sky come crashing down on British Airways?
11 September 2018Between 21 August and 5 September, British Airways (“BA”) suffered a data breach - in essence, its systems were “hacked”. This has affected the personal data of around 380,000 individuals. Following an announcement through BA’s Twitter account, the story was quickly picked up by mainstream media outlets, demonstrating the significant publicity that such events can generate in a short space of time.
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SFO V ENRC: Landmark privilege decision by Court of Appeal
10 September 2018The Court of Appeal has handed down its much anticipated decision in the Serious Fraud Office (“SFO”) v Eurasian Natural Resources Corporation Limited (“ENRC”) appeal. In a judgment that will leave many lawyers breathing a heavy sigh of relief, the Court of Appeal overturned large parts of Mrs Justice Andrews’ first instance decision.
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Fragmentation of activity may preclude service provision change
06 September 2018The Employment Appeal Tribunal (“EAT”) has confirmed that when considering whether or not there has been a TUPE service provision change (“SPC”), it is critical to identify the relevant activity. The analysis must be done in the right order and any fragmentation should be considered when considering if activities carried on by the subsequent service provider are fundamentally the same as those carried on by the outgoing service provider.
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TUPE and the transfer of public administrative functions
06 September 2018In a case about whether TUPE applied to the transfer of a public health team commissioning services, the Employment Appeal Tribunal (“EAT”) has considered points of appeal in relation to two seldom litigated provisions of TUPE.
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Five-month cessation of activities does not prevent transfer of undertaking under EU law
04 September 2018In a Spanish case, the European Court of Justice (“ECJ”) has ruled that a five-month break in activities between outsourcing contracts did not prevent the transfer of an undertaking under the 2001 EU Acquired Rights Directive (“ARD”).
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UK immigration system “almost impossible to navigate”
04 September 2018Last week The Guardian published an article about the volume of UK immigration laws and the frequency of changes and amendments to them. This was sparked by some damning remarks from Lord Justice Irwin who said that the system is “something of a disgrace” and almost impossible to navigate.
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Sports Q&A - EU trade marks post-Brexit
03 September 2018We hold registered EU trade marks to protect our tournament name and logos. Post-Brexit will we still have protection in the UK?
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‘Loophole’, or lobbying for change?
31 August 2018Migration Watch UK has recently published a paper drawing attention to a perceived abuse by certain employers of part of the UK’s immigration system. Distortion of the ICT visa system suggests that the Tier 2 (Intracompany Transfer) (‘ICT’) visa route is currently being exploited by employers who are ‘undercutting the domestic labour market’. The ‘law that is’ and the ‘law that ought to be’ by nature pull in opposite directions. Taking UK immigration law as a ‘closed circuit’, the use of the word ‘loophole’ might better be categorised by some as simply ‘poor regulation’.
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Commercial Court confirms that Recast Brussels Regulation does not permit intra-EU anti-suit injunctions
21 August 2018The decision in Nori Holdings has reaffirmed that West Tankers remains an authoritative statement of EU law, providing welcome clarity following the introduction of the Recast Brussels Regulation and Advocate General Wathelet’s comments in Gazprom. However, whether or not the UK courts will regain the ability to grant anti-suit injunctions restraining proceedings in EU courts after the UK leaves the EU remains to be seen.
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Residents of Taiwan, Hong Kong and Macau will not require work permits when they are hired by enterprises on the Chinese mainland potentially as soon as September 2018
10 August 2018On 3 August the State Council in China made an announcement to the effect that residents of Taiwan, Hong Kong and Macau will not be obliged to apply for work permits in order to be employed by enterprises on the Chinese mainland, under a new proposal set to operate from September 2018.