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Taxation of payments in lieu of notice
25 May 2018From 6 April 2018 new rules took effect to ensure that all payments in lieu of notice (PILONs) are subject to income tax and NICs in full. The rules emerged from a Government consultation on the simplification of the tax treatment of termination payments which was first launched in 2012. Far from simplifying the taxation, the rules are complex and, in many cases, will increase the costs of both employers and employees.
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Talk (Talk) is not cheap - record fine for data breach
06 October 2016Speak of making an entrance. Within a few weeks of her new appointment as the new UK Information Commissioner, Elizabeth Denham has issued TalkTalk with a £400,000 monetary penalty notice, the biggest fine yet awarded by the ICO.
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Senior Japanese politician takes paternity leave in first for country
23 January 2020Shinjirō Koizumi, Japan’s environment minister, is taking two weeks’ paternity leave following the birth of his son on 17 January 2020. It is the first time a Japanese cabinet minister has taken paternity leave, or at least publically announced an intention to do so.
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Employer must provide ‘adequate facility’ to take annual leave, says Advocate General
14 June 2017An Advocate General of the European Court of Justice (“ECJ”) has given his opinion that employers must provide an “adequate facility” for workers to exercise the right to paid annual leave under the EU Working Time Directive (“WTD”). On termination of employment, the employer must pay in lieu of untaken leave for the period during which the worker did not have such a facility to take it.
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All hands on deck as creative industries and search engines tackle online piracy (Brands & IP Newsnotes - issue 5)
23 June 2017The UK Government, through the UKIPO, Ofcom and DMCS, has helped broker an agreement between Google, Bing, the BPI and Motion Picture Association over a new voluntary code of practice.
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Don’t blink: The Immigration Rules are changing again
17 March 2017The Home Office published the latest Statement of Changes in the Immigration Rules yesterday, 16 March 2017. The changes take effect on 6 April 2017. We summarise here the changes that will affect you most.
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Size doesn’t matter (so says the ICO about recipients of big fines for data breaches)
03 July 2017If you thought that you’re too small a business to have to bother about data protection, then think again.
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It’s not just about Getting(G) Data(D) Protection(P) Ready(R): some digital businesses and infrastructure providers shouldn’t forget to be ‘NIS’
11 July 2017May 2018 is a month which will already be highlighted in the calendars of those responsible for their organisations’ compliance with the General Data Protection Regulation (GDPR). It’s now under a year away. But for some digital businesses and infrastructure providers, when it comes to security risk management and reporting obligations, the GDPR isn’t the whole story.
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Brexit and the points based immigration system
03 August 2016The UK’s potential withdrawal from the EU has placed our immigration systems under scrutiny. This article reviews the nature of our current system. We highlight aspects which could be improved and aspects which will have to change if EU nationals will be subject to the same Immigration Rules as non-EU nationals
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Is it possible to have a global appraisal system?
07 December 2016As more and more companies organise themselves in regional or even global structures, the need for some form of global benchmarking of performance becomes ever more pressing but is it really possible to have one system that can accurately grade performance across the USA, China and Nigeria?
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Hong Kong court confirms that suspension from partial performance of duties is not the same as suspension from employment
15 December 2021In the case of Lengler Werner v Hong Kong Express Airways Ltd [2021] HKCFI 1333, the Court of First Instance recently overturned a Labour Tribunal judgment and held that an employer’s statutory right to suspend an employee from employment under Section 11 of the Employment Ordinance only applied to a complete suspension from employment and not to a suspension from partial performance of duties.
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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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Let Lachaux begin - Landmark defamation case in the Supreme Court
14 November 2018Today the Supreme Court is hearing the second and final day of the appeal in the case of Lachaux v Independent Print and another against the Court of Appeal decision. Centre stage will be section 1(1) of the Defamation Act 2013, which, although has been discussed at length in this case so far, still requires clarification.
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Champagne supernova: Cristal brand owner sues cava producer (Brands & IP Newsnotes - issue 5)
23 June 2017Do you know your Champagne from your Cava? Quite possibly, but a High Court judge held in late 2015 that a Spanish cava producer trading under the brand name, “Cristalino” had used a confusingly similar sign to that of the famous tipple preferred by rappers and the like, “Cristal”.
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Court orders summary judgment against employer for failure to reimburse expenses incurred for the benefit of the business
28 June 2023On 6 April 2023, the Court of First Instance granted summary judgment to a former employee of a Hong Kong company for various payments and benefits owed to the employee.
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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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Engineered for success or running out of fuel Immigration and the automotive industry
03 August 2016The manufacture of cars and commercial vehicles has increased enormously – more than 25% in the last 10 years. In the UK, car production has increased by over 5% between 2014 and 2015.
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Brexit legal challenge succeeds
03 November 2016The High Court has decided that the Government does not have prerogative powers to give the Article 50 notice terminate the UK’s membership of the EU.
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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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Stop monkeying around (Brands & IP Newsnotes - Issue 2)
28 March 2016A judge in California has put a stop to all the monkey business surrounding the idea that animals can own copyright, in California at least.