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Employment Appeal Tribunal confirms that an employer’s attempt to bypass collective bargaining was unlawful
10 January 2018
A 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.
Deliveroo defends union recognition application by demonstrating its riders are genuinely self-employed
15 November 2017
The 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.
Trade union’s Deliveroo judicial review challenge fails
05 December 2018
The 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.
The Hong Kong Court of Appeal affirms employees’ unfettered statutory rights to be paid their entitlements
26 August 2020
In 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.
How to divorce the EU, in three uneasy steps
05 May 2017
The European Council published its official guidelines for Brexit negotiations on 29 April 2017. Lewis Silkin reported on EU Council President Donald Tusk’s circulation of negotiation guidelines to EU leaders at the end of March 2017, and the newly published guidelines are consistent with the earlier version.
Sexual portrayal of under-18s in ads
18 January 2017
Following a number of adjudications in recent years concerning the sexualised portrayal of children and young people, as well as the publication of various reports calling for action to stop the premature sexualisation of children, the Committee of Advertising Practice (CAP) has launched a consultation on the proposed introduction of new rules in the UK advertising codes prohibiting the sexual portrayal of under 18s in advertising. The consultation is open for response until 5pm 19 January 2017.
There's something under my bed...
19 January 2017
Three companies that supply drawer parts to bed and other furniture retailers have admitted breaching competition law by sharing commercially sensitive information, agreeing not to undercut each other and sharing out their customers. One of the companies avoided paying a fine under the CMA’s leniency policy, but the other two companies have agreed to pay fines totalling £2.8 million.
International data transfers - are model clauses now under threat?
05 October 2017
Many of you will remember Max Schrems, the Austrian law student who in 2015 successfully brought a case to the European Court of Justice (“ECJ”) that resulted in the “safe harbor” - the agreement that allowed the transfer of EU citizens’ data to the US - being declared invalid.
Data breaches under the GDPR - will the sky come crashing down on British Airways?
11 September 2018
Between 21 August and 5 September, British Airways (“BA”) suffered a data breach - in essence, its systems were “hacked”. This has affected the personal data of around 380,000 individuals. Following an announcement through BA’s Twitter account, the story was quickly picked up by mainstream media outlets, demonstrating the significant publicity that such events can generate in a short space of time.
Coronavirus - Hong Kong Relief Measures under the Employment Protection Scheme
08 April 2020
On 8th April 2020, the Chief Executive held a press conference announcing that the Hong Kong government is to roll out a HK$137 billion (approximately US$80 billion) relief package by implementing the Employment Protection Scheme to assist individuals and businesses to ease the financial difficulties arising out of the coronavirus pandemic.
Enforceability of an indemnification provision under a broker agreement: is it a penalty?
02 June 2023
A recent case in the Hong Kong Court of First Instance has seen the court applying the Court of Appeal’s penalty clause test to an indemnification provision under a broker agreement.
Contests, games and draws: The UK sales promotion law
15 April 2015
The Gambling Act 2005, which came into force on 1st September 2007, includes a number of provisions that impact directly upon the legality of promotional contests, games and draws in the UK. It does not extend to Northern Ireland, however, which can have significant consequences.
Suggested steps for EEA citizens living in the UK post Brexit
21 July 2016
Despite the UK’s decision of 23 June 2016 to withdraw from the EU, there will be no immediate changes to freedom of movement rights of EEA nationals in the UK. This right will only cease when the UK leaves the EU.
The implications for data protection law in the UK and GDPR compliance plans in the eye of the Brexit Storm
03 November 2016
On the 4th May 2016, a fundamental milestone in the history of EU Data protection law was reached with the adoption of the EU General Data Protection Regulation (“GDPR”) achieving harmonisation of the rules across the EU after four years of hard-fought negotiations.
Free trade and controlling free movement - can the UK and the EU square the circle?
25 January 2017
Much is being written about Brexit these days, but what are the possible options for the UK and the EU to reach a compromise on the issue of free movement of people allowing the UK to continue to participate in the European Single Market and the EU Customs Union?
2017 report on UK cyber security breaches
20 April 2017
Almost half of all UK businesses have experienced cyberattack in past 12 months.
Peering over the Brexit cliff edge: The Government’s plans for EU nationals in the UK
27 June 2017
The Government has announced its long overdue plan for the future of EU nationals and their family members, who have been anxiously waiting for clarity since the referendum result a year ago.
Amendments to rules on bringing family members to the UK: Have the Government gone far enough?
22 August 2017
On 10 August 2017 changes to the immigration rules came into force which will have wide implications for British citizens wanting to bring family members to join them in the UK.
Free trade and controlling free movement - can the UK and the EU square the circle (18 months on)?
05 July 2018
The Brexit rollercoaster continues to rattle along as we hurtle towards 29 March 2019, the projected date for the UK to leave the EU.
UK immigration system “almost impossible to navigate”
04 September 2018
Last week The Guardian published an article about the volume of UK immigration laws and the frequency of changes and amendments to them. This was sparked by some damning remarks from Lord Justice Irwin who said that the system is “something of a disgrace” and almost impossible to navigate.