Insights & News
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Service provision changes – determining principal purpose of organised grouping
25 September 2017The EAT has given guidance on the correct approach to determining the “principal purpose” of an organised grouping of employees within the meaning of the service provision change (“SPC”) rules under TUPE.
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Gender pay gap reporting – the story so far
25 September 2017It’s a little over five months since the first “snapshot date” of 5 April 2017 and less than seven months before the final deadline for employers with 250 or more UK staff to publish their first ever gender pay gap reports without incurring the wrath of the Equality and Human Rights Commission. This seems as good a point as any to ask the question “Where are we now?”
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Automatic transfer of employees applies on ‘pre-pack’ sale
25 September 2017The European Court of Justice (“ECJ”) has confirmed that, in the event of a “pre-pack” sale aimed at rescuing all or part of an insolvent undertaking as a going concern, EU transfer of undertakings law requires that the employees automatically transfer. This is consistent with the position in the UK under TUPE.
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Illegal working penalties released; name, shame and make them pay
25 September 2017The ONS has released the illegal working civil penalties data for the first quarter of 2017. The revenue raised was £5,900,000, prior to any adjustment following objections to the penalties. Given the population difference, it is not surprising that London and the South East had the highest number of penalties applied and illegal workers found but there were still large numbers issues in the Midlands and North West as well.
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Lewis Silkin authors a chapter in David Liddle's 'Managing Conflict: a practical guide to resolution in the workplace’
Press Release
25 September 2017Laura Farnsworth, Partner and Laurence Mills, Associate, in our Employment, Immigration and Reward team have authored Chapter 4 of the guide: 'Managing conflict from a legal perspective'.
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New guidance published for employers conducting right to work checks
22 September 2017In August we also saw the publication of amended Home Office guidance for employers conducting right to work checks. Here are some of the highlights:
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Gimme 5
22 September 2017A series of five hints, tips and thoughts to help keep your sponsor licence healthy.
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April 2017 changes
22 September 2017In April we saw the introduction of the Government’s much heralded immigration skills charge. The charge is in essence a penalty fee payable by Tier 2 sponsors for relying on non-resident rather than local workers.
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Bid to object to transfer fails because TUPE did not apply
22 September 2017The High Court has considered an employee’s attempt to escape a lengthy period of garden leave by objecting to a TUPE transfer when his employer was going through a change in ownership. This was a creative attempt by the employee to avoid his contractual notice obligations, but he ultimately failed due to the lack of one key ingredient - a TUPE transfer.
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Continuous service for notice pay preserved on transfer
22 September 2017The European Court of Justice (“ECJ”) has considered an interesting TUPE issue concerning continuous service, arising in a case referred by the Swedish Labour Court.
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Watching out for individual character (Brands & IP Newsnotes - issue 6)
22 September 2017The web of overlapping rights for designs can leave designers feeling confused about the protection on offer. This quick guide will steer you through this legal maze to help you identify what rights you may have.
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Mansplaining, micro-inequities and managers
21 September 2017Over the years, awareness of discrimination has increased significantly. Almost everyone will (hopefully) be able to spot direct discrimination when they see it. For example, subjecting a gay worker to homophobic abuse, sacking a woman as soon as she announces her pregnancy, or telling a Muslim colleague that her hijab “made her look like a terrorist” (as was alleged in a recent Employment Tribunal claim).
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Karish Andrews writes for SportCal: The Neymar Transfer a watershed moment for football
Press
21 September 2017Sports Business Group Partner, Karish Andrews has written an article for SportCal which discusses the recent transfer of Neymar da Silva Santos Júnior from Barcelona to Paris St-Germain, and the impact of this transfer on the wider football economy.
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Fergus Payne writes for Accountancy Age: The great professional services shake-up
Press
21 September 2017Corporate Partner, Fergus Payne has written an article for Accountancy Age which discusses how accountancy has now moved one step closer to becoming a formal piece of the legal services furniture, following the expansion of myriad non-legal firms into the sector.
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Taxation of termination payments updated legislation published
19 September 2017The Government proposes to make a number of changes to the tax and national insurance (“NI”) treatment of termination payments.
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Lewis Silkin comments for LexisNexis: 'European Union (Withdrawal) Bill 2017 passes second reading amid concerns over delegated powers'
Press
18 September 2017Lewis Silkin has commented in an article for LexisNexis following the recent passing of the European Union (Withdrawal) Bill 2017 in the House of Commons last week. The article raises concerns about the Bill, particularly regarding the proposed use of delegated legislative powers, the approach to devolution, and questions regarding the continued application of EU rights and legal principles in the UK.
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Lewis Silkin advises Next Fifteen Group on the acquisition of Elvis Communications Limited
Deal
15 September 2017Lewis Silkin, a leading international law firm to creative agencies, has advised Next Fifteen Group (Next 15), the AIM-listed digital communications group, on its acquisition of Elvis Communications Limited. This deal, worth £5.5 million, marks the third Next 15 acquisition this year alone on which the Lewis Silkin team has advised.
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Andrew Osborne comments for Bloomberg: Premier League Fights to Retain Playing Talent After Brexit
15 September 2017Andrew Osborne has commented in an article for Bloomberg which discusses the affect of Brexit on the Premier League retaining and attracting foreign players.
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The Times' Lawyer of the Week: Adam Glass
14 September 2017We are delighted that litigation Partner, Adam Glass has been named as The Lawyer of the Week by the The Times.
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Adam Glass comments for The Global Legal Post: 'Bell Pottinger goes into administration'
Press
13 September 2017Adam Glass, Litigation Partner, who advised the PRCA in relation to the Bell Pottinger investigation, has commented in an article for The Global Legal Post which reports on the recent announcement that PR firm Bell Pottinger has gone into administration.