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Andrew Osborne comments for Bloomberg: Soccer's Brexit Fight Heats Up as Clubs Resist Curbs on Imports
16 November 2018Andrew Osborne has commented in an article for Bloomberg which discusses the implications of Brexit on top English football clubs.
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Hong Kong HR Breakfast Club – 2018 Employment and Immigration Law Round-Up
16 January 2019The Lewis Silkin Hong Kong team are delighted to invite you to our first HR Breakfast Club session of 2019 where we will be discussing some of the key employment and immigration law developments over the past year.
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Unsafe property causes death, but still no claim allowed
02 November 2017A man visits a friend at his flat, falls down the stairs of the building (which are unsafe) and is killed. You would expect his widow would be able to sue the owner of the building in respect of her loss wouldn’t you?
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Unregistered designs: Open and shut case (Brands & IP Newsnotes - issue 4)
08 February 2017In a recent case, Action Storage (a producer of lockers, such as the ones installed in schools) sued G-Force (another producer of lockers) for infringing its design rights in producing a similar product.
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Supreme Court strikes down 'unlawful' immigration policies
18 July 2012In a landmark decision today, the Supreme Court has unanimously ruled that a significant part of the UK Border Agency’s practice and policies for corporate immigration are unlawful because they were not laid before Parliament as required by the Immigration Act 1971. Instead, they were simply set out in governmental “Guidance” documents and other documents external to the Immigration Rules, rendering them unlawful.
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Supreme Court tells UK Borders Agency that its current immigration practices are unlawful
19 July 2012The Supreme Court has ruled that a significant part of the UK Border Agency’s practice and policies for corporate immigration is unlawful. Shahram Taghavi, lead adviser and junior counsel in the case of R (Alvi) v Secretary of State for the Home Department (JCWI Intervening), comments on the judgment.
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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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Lewis Silkin advises United Agents on its restructuring and acquisition
17 December 2012Lewis Silkin has recently completed a reorganisation and acquisition for its client, United Agents.
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Fighting back against misleading competitor advertising: How Garmin successfully navigated a route to banning misleading claims by TomTom in the United Kingdom and the Netherlands
11 June 2015Brinsley Dresden and Daniel Bugler have co-authored an article with Andrew Etkind, General Counsel at Garmin, and Daniël Haije, Partner at Hoogenraad & Haak, for the International In-house Counsel Journal. The article covers misleading competitor advertising and focuses on how Garmin successfully navigated a route to banning misleading claims by TomTom in the United Kingdom and the Netherlands.
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Ten Creators, Makers & Innovators lawyers listed in Best Lawyers in the United Kingdom
28 March 2017Lewis Silkin is pleased to announce that ten partners across the Creators, Makers & Innovators division have been listed in this year’s edition of Best Lawyers 2018 United Kingdom.
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Managing Trade Unions in the Technological Age: 2017 and onwards
09 May 2017Technology is rapidly changing the way we work. Businesses can operate app-based recruitment and task allocation methods, and exclusively use remote workers. Individuals in the “gig economy” can work for several organisations at the same time using their smartphones.
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Managing Trade Unions in the Digital Age: 2018 and onwards
29 May 2018Technology continues rapidly to change where and how we work. It poses challenges for both employers and unions, and increasingly calls into question the effectiveness of our employment laws.
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Union reforms will provoke backlash
23 July 2015Colin Leckey has been quoted in an article by The Times which examines the Trade Union Bill published last week - highlighting the significant changes to the law on strike ballots, staffing, and picketing.
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Sean Dempsey comments for HR Magazine - The state of the union: The future of IR
13 February 2017Employment law Partner, Sean Dempsey has commented in an article for HR Magazine which discusses the following question: are trade unions really representing modern workers or do they need to change with the times?
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Deliveroo defends union recognition application by demonstrating its riders are genuinely self-employed
15 November 2017The Central Arbitration Committee (“CAC”) has rejected an application from the Independent Workers’ Union of Great Britain (“IWGB”) for collective bargaining rights in respect of Deliveroo riders, in a case in which Lewis Silkin acted for Deliveroo.
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Lewis Silkin acted for Deliveroo in its successful defence of an application for trade union recognition by the IWGB union
16 November 2017The Independent Workers Union of Great Britain (IWGB) wanted Deliveroo to recognise it for collective bargaining purposes in respect of riders in Camden and Kentish Town. The application before the Central Arbitration Committee (CAC) was heard over four days in May and June 2017. The CAC held that Deliveroo riders were not “workers” for the purposes of employment law, but self-employed independent contractors, and therefore the application failed.
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Trade union’s Deliveroo judicial review challenge fails
05 December 2018The High Court (“HC”) has dismissed a judicial review challenge to a finding by the Central Arbitration Committee (“CAC”) that Deliveroo riders are not “workers”. The HC ruled that the riders are not in an “employment relationship” for the purposes of European law.
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Fusions-Acquisitions au Royaume Uni : 1er trimestre 2018: quelles tendances ?
07 June 2018Dans un précédent article, nous avions regardé les statistiques des transactions concernant des sociétés britanniques en 2017.
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The Hong Kong Court of Appeal affirms employees’ unfettered statutory rights to be paid their entitlements
26 August 2020In this Court of Appeal case of Xu Yi Jun v GF Capital (Hong Kong) Limited (CACV 502 & 577 / 2019), the Court considered whether an employer can withhold a bonus payment after the payment due date for reasons of alleged gross misconduct that had occurred prior to, and whether an employer can offset its unliquidated claim for damages against the bonus in legal proceedings.
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'Owner-employee' plan poses unfair dismissal risk
10 October 2012Steven Lorber outlines his concerns about the Chancellor's proposal for a new type of employment contract in a letter to the Financial Times.