Insights & News
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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.
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Discrimination based on perceived disability is unlawful
29 December 2017The Employment Appeal Tribunal (“EAT”) has confirmed that it is unlawful to discriminate against an employee because of a perceived disability, even where that employee is not actually disabled under the relevant legal test.
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Modern slavery - transparency in supply chains
Inbrief
28 December 2017Although many organisations take steps to promote ethical business practices and have policies to protect workers from being exploited, the Government considers that there is a significant way to go to tackle so-called “modern slavery”.
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Enforcement of gender pay gap reporting – the EHRC gets involved
21 December 2017The Equality and Human Rights Commission (‘EHRC’) has published a consultation on its plans for enforcing the Gender Pay Gap Reporting Regulations (‘GPG Regulations’).
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Alan Hunt writes for Essential Retail: Protecting an 'aura of luxury'
Press
20 December 2017Alan Hunt discusses a CJEU ruling impacting manufacturers that could restrict the sales of products through third-party websites, like Amazon and eBay.
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From the pub to the court room
19 December 2017It is not uncommon for commercial deals to be agreed with a handshake in an informal setting (often a bar, restaurant or other social venue). If agreed, parties usually then move the matter on to their lawyers to document the terms. But what if terms are never documented? How much reliance can be placed on commercial terms that are agreed orally?
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Lewis Silkin writes for HRZone: Four lessons in prevention of illegal working
Press
18 December 2017Lewis Silkin writes for HRZone discussing the surprises businesses should be aware of in relation to the prevention of illegal working.
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Fergus Payne writes for Accountancy Age: LLPs in Top 50+50: Will LLPs continue to be the preferred set-up?
Press
15 December 2017In an article for Accountancy Age, Fergus Payne discusses why and how do accountancy firms set up or convert to an LLP, and will LLPs continue to be the preferred set-up in the future?
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Rogue employees and no-fault liability
14 December 2017A recent High Court judgment has illustrated how employers can potentially be held liable for wrongful disclosure of personal data by their employees.
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Hannah Price comments for The Times: Life after Brexit: a culture shock
Press
14 December 2017Hannah Price comments in an article for The Times discussing EU employment rights.
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Avoiding the Hedonic Treadmill: designing a sustainable employee engagement strategy
14 December 2017The concept of the “Hedonic Treadmill” is well established amongst psychologists, but what lessons can HR draw from it in relation to improving employee engagement and productivity?
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Ask About... Retail, Fashion & Hospitality
12 December 2017Many of our clients in the retail, fashion and hospitality sector face similar HR issues. Each month one of the members of our team will identify an issue, ask how you would deal with it and provide our advice. This month we asked Laura...
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Changes to Immigration Rules
12 December 2017In UK immigration law circles, we have grown used to a statement of changes, announcing significant alteration of the existing laws, at least three times a year. Usually, the end of year change occurs in November but this year the announcement is unsurprisingly later than usual and less eventful. Presumably because the Government have found themselves a little busy the last few months...