Insights & News
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Equal Pay
Inbrief
02 March 2017Equal pay law first developed in the UK in the 1970s after a campaign by trade unions and women’s groups. It is now a basic principle of European law that men and women who do equal work should receive equal pay. This principle is implemented in the UK today through the Equality Act 2010.
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Gender pay gap reporting
Inbrief
02 March 2017The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 (the “Regulations”) require employers to report on the gender pay gap in their organisation.
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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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Alan Hunt comments in The Luxury Law Alliance: Accessing luxury in the sharing economy - the legal issues
Press
02 March 2017Senior Associate, Alan Hunt has written an article for The Luxury Law Alliance which discusses the legal issues of accessing luxury in the sharing economy of the fashion industry.
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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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Selling your business
PDF
01 March 2017Many business-owners look to sell at some point. The reasons for selling may vary but often it is the opportunity for an owner to capitalise on the years of hard work that have gone into building up his or her business.
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Adjudication
Inbrief
01 March 2017Adjudication is a mandatory procedure for determining disputes, and was introduced in the construction industry by the Housing Grants, Construction & Regeneration Act 1996 (the “Construction Act”).
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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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Lewis Silkin is speaking at the Global Immigration Law Summit 2017 on 27 February 2017
Press Release
27 February 2017Business immigration partner Andrew Osborne is going to join a plenary session on the Transfer of Highly Skilled Workers at this year’s Global Immigration Summit in London.
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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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Michael Burd comments in The Guardian: Lloyd's alcohol ban challenges City of London's drinking culture
Press
20 February 2017Chair of the Partnership and Employment law specialist, Michael Burd, has commented in an article for The Guardian as Lloyd's of London introduce it's zero-tolerance ban on alcohol during working hours.
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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.