Insights & News
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Equal pay, TUPE and insolvency
24 January 2018The issue for the Employment Appeal Tribunal (“EAT”) in a recent case was what happens to historic equal pay liabilities when claimant employees transfer under TUPE on to a new employer in the context of the transferor employer’s insolvency.
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Lewis Silkin partner, Giles Crown, is listed in Whos Who Legal Data 2018
Press Release
23 January 2018Lewis Silkin is pleased to announce that Giles Crown, our Divisional Managing Partner, has been listed in the Data Legal Practice Area for Who’s Who Legal 2018.
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Early Specific Disclosure Applications – factors the court will consider
22 January 2018A decision in the Technology and Construction Court (“TCC") sheds light on the applicable test for early specific disclosure and the relevant considerations in making a successful application. Applications for early specific disclosure are relatively rare so the judgment provides helpful guidance.
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Naomi Hanrahan-Soar writes for FinTech Futures: Immigration in the banking technology industry: a positive story
Press
22 January 2018Naomi Hanrahan-Soar writes an article for FinTech Futures, discussing the tech sectors heavy reliance on foreign nationals to provide the technical skills required in the workforce. Accordingly, Brexit, and the potential to restrict access to that talent pool, brings additional concerns for employers.
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Kathryn Weaver comments for China Daily: Deadly Stress
Press
19 January 2018Kathryn Weaver comments in an article for China Daily, discussing the stress and pressure from a more intense working environment across the Asia-Pacific, with particular focus on Hong Kong.
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Say farewell to credit and debit card surcharges
17 January 2018On 13 January 2018, new rules came into force in the UK which mean that, for most retail payments, traders can no longer charge a fee in addition to the advertised price of a transaction on the basis of a consumer’s choice of payment means (for example, credit card, debit card or e-money).
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Evidence of pre-termination negotiations will be admissible if the EDT is in dispute
15 January 2018The Employment Appeal Tribunal (“EAT”) has decided that if the effective date of termination (“EDT”) is in dispute in an unfair dismissal case, a tribunal can hear evidence of pre-termination negotiations if that evidence is relevant to determining the issue.
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English courts and overseas defendants: jurisdiction challenges and the “two-fold test”
15 January 2018When a dispute involves a foreign party or events that took place in another jurisdiction, questions often arise as to where the dispute should be determined.
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James Gill writes for City A.M.: Tech predictions for 2018: Drones, crypto, and the rise of the robots
Press
15 January 2018In an article for City A.M., James Gill discusses the future of technology in 2018.
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Jeremy Summers comments for iNews: Radiohead v Del Rey: how record companies use waveform analysis, forensics and… Shazam to avoid being sued
Press
12 January 2018Jeremy Summers comments in an article for iNews, discussing how to identify copyright infringement in the music industry.
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Compulsory mediation?
11 January 2018In October 2017 the Civil Justice Council (CJC) published its interim report on the future role of alternative approaches to dispute resolution (ADR). The report makes various recommendations as well as inviting responses. It follows input from a working group tasked in January 2017 to examine uptake of ADR in civil justice. The primary purpose of the report is to find ways to encourage its use.
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AIM becomes SME Growth Market – the implications for AIM companies
10 January 2018AIM, the London Stock Exchange’s international market for smaller growing companies, was registered as an SME Growth Market on 3 January 2018.
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James Davies comments for The Guardian: Copyright, defamation, employment: how tech is disrupting every corner of the law
Press
10 January 2018James Davies comments in an article for The Guardian, discussing how the law needs to be at the forefront of change in an ever evolving digitised world.
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Employment Appeal Tribunal confirms that an employer’s attempt to bypass collective bargaining was unlawful
10 January 2018A recent decision of the Employment Appeal Tribunal (“EAT”) has confirmed that offers made directly by an employer to its employees risk amounting to unlawful attempts to bypass collective bargaining contrary to s145B of the Trade Union and Labour Relations (Consolidation) Act 1992. This was a costly exercise for the employer as they were ordered to pay penalties of more than £400,000.
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Clive Greenwood writes for Accountancy Age: How to protect LLP firms from a damaging team move
Press
10 January 2018In an article for Accountancy Age, Clive Greenwood discusses that while accountancy firms heavily invest in attracting and retaining talent, do they devote sufficient effort to ensuring teams can’t go and play for the opposition?
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Disclosure in English litigation: a sea change is coming
09 January 2018English rules on disclosure (‘discovery’ in many jurisdictions) are set for a major overhaul. Draft rules were published in November 2017. Once approved by the Civil Procedure Rules Committee, the resulting draft is intended to be introduced as part of a pilot scheme lasting 2 years, potentially beginning in April 2018 and running in the Business and Property Courts. This will cover virtually all High Court litigation. It will not be optional.
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Changes to continuous residence rule for ILR applicants
08 January 2018From 11 January 2018 new provisions are coming into force that will affect how the Home Office assesses continuous residence for indefinite leave to remain (ILR) applications.
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Erosion of privilege – Law Society seeks to intervene
08 January 2018The Law Society is applying to intervene in the upcoming appeal of the landmark privilege decision in Serious Fraud Office (“SFO”) v Eurasian Natural Resources Corporation Limited (“ENRC”).
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Tech Predictions for 2018
08 January 2018Following on from our 2017 Tech Predictions (link below), here are our top ten favourite tech predictions for 2018. It’s set to be another exciting year as the use of technology becomes ever more pervading, influential and business critical.
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The year in employment law
08 January 2018The UK’s political landscape continues to be dominated by the shock 2016 referendum vote to leave the European Union. Following a surprise General Election in June 2017, Prime Minister Theresa May unexpectedly lost her parliamentary majority amid deep divisions about how the UK should “Brexit”. Against that backdrop, the Brexit negotiations between the UK and EU began in 2017 and will continue into 2018. This has meant that, as with many other areas, employment policy reform has taken something of a backseat. Nevertheless, employment law continues to change at pace.