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Australia - Work and Holiday visas and new six-year multiple-entry visas available for Singaporeans
27 June 2017
Following the recent summit held in Singapore, it was announced that two new visa measures will come into place. These are the availability for Singaporeans to apply for Australia’s Work and Holiday Visa programme and the new six-year multiple-entry visa for business and tourism in 1 August 2017 and 1 January 2018 respectively.
The Gambling Commission serve some stark warnings to operators
10 July 2017
The Gambling Commission has slapped its first advertising-related fine against an online gambling operator for advertising that was deemed to fall foul of social responsibility rules and come to a settlement with another operator.
The ICO cracking down on the use of personal data to promote online gambling
10 July 2017
The ICO has learned that there has been a "large numbers of spam texts linked to the gambling sector", and is therefore clamping down on how companies/affiliates use personal data to promote online gambling.
Whistleblowing public interest test considered by Court of Appeal
13 July 2017
The Court of Appeal (“CA”) has considered the meaning of the “public interest” in whistleblowing cases. Disclosures which only affect a group of individuals within one employer can be in the public interest, but in most cases additional factors will also be needed.
Squeezed out of validity and into the jurisdiction
13 July 2017
UCB licensed Chugai rights to its tocilizumab patents. The licence contained an exclusive jurisdiction clause in favour of the English courts. Only one US patent remained in force. Chugai wanted a declaration that its tocilizumab products (sold only in the US) fell outside of the scope of the last patent and accordingly no royalty payments were due under the licence.
Supreme Court upholds right to equal pension for same-sex partner
13 July 2017
The Supreme Court (“SC”) has made an important ruling in a case brought by a gay man seeking to establish that, if he died, his husband should be entitled to the same survivor’s pension as a wife in a heterosexual marriage would receive. The Court ruled that an exemption in the Equality Act 2010 (“EqA”), allowing employers to exclude civil partners from pension benefits accruing before December 2005, was incompatible with EU law and should be disapplied.
FCA launches consultation on the extension of the Senior Managers and Certification Regime
26 July 2017
On 26 July 2017, the FCA outlined its proposals for the extension of the Senior Managers and Certification Regime. The FCA intends that these rules, which came into force on 7 March 2016, be extended to all sectors within the financial services industry and that they will essentially replace the Approved Persons Regime. Though an implementation date will be set by the Treasury, the FCA expects this to be from 2018.
Employment Tribunal fees ruled unlawful by Supreme Court
26 July 2017
The Supreme Court (“SC”) has unanimously ruled that the legislation requiring fees to be paid for bringing Employment Tribunal (“ET”) claims is unlawful and should be quashed. In one of the most remarkable employment law judgments of recent times, the SC held that ET fees interfere unjustifiably with the right of access to justice and discriminate unlawfully against women.
Tech solution providers Getting Data Protection Ready
27 July 2017
The General Data Protection Regulation (“GDPR”), takes effect from 25 May 2018, and brings about important privacy changes that will impact most businesses, particularly providers of technology, telecoms and data related platforms, solutions and services.
Thorny issues arising from the abolition of Employment Tribunal fees
04 August 2017
The Supreme Court ruled last week that Employment Tribunal (“ET”) fees are unlawful. The case has significant constitutional and political implications, but also raises a number of thorny practical issues. We explore some of these issues here and will provide further updates as matters develop.
Right to paid parental bereavement leave is coming
04 August 2017
The Parental Bereavement (Pay and Leave) Bill, introduced into Parliament last month, would entitle employed parents who have lost a child to take statutory paid leave to allow them time to grieve. Although this is a private member’s bill, it is supported by the Government and would meet a Conservative manifesto promise to ensure “bereavement support” for employees – so there is a good chance it will become law in due course.
Latest decision on holiday pay - regular voluntary overtime payments to be included
07 August 2017
The EAT has clarified that regular voluntary overtime payments form part of “normal remuneration” and should be included in the calculation of holiday pay for the purposes of the four weeks’ minimum annual leave entitlement required by EU law.
European Works Councils under Irish Law
29 August 2017
European Works Councils are the only legally-mandated bodies for transnational information and consultation with employees in the world.
Retail workers comparable to distribution centre workers for equal pay claim
05 September 2017
The Employment Appeal Tribunal (“EAT”) has ruled that individuals working in Asda’s retail stores can compare themselves with distribution centre workers in claims for equal pay.
Directors and their general duties
10 September 2017
English law imposes on company directors high standards of behaviour and they must put the interests of the company before their own. Their duties are derived from both statute and case law. In addition to general duties, there are extensive specific duties. This is an introductory guide to those general duties.
Taxation of termination payments updated legislation published
19 September 2017
The Government proposes to make a number of changes to the tax and national insurance (“NI”) treatment of termination payments.
New guidance published for employers conducting right to work checks
22 September 2017
In August we also saw the publication of amended Home Office guidance for employers conducting right to work checks. Here are some of the highlights:
Gimme 5
22 September 2017
A series of five hints, tips and thoughts to help keep your sponsor licence healthy.
April 2017 changes
22 September 2017
In 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.
Bid to object to transfer fails because TUPE did not apply
22 September 2017
The 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.