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Top 5 tips for protecting trade secrets
08 December 2017
With the new EU Trade Secrets Directive coming into force in June 2018, we have compiled a list of the top 5 tips for protecting trade secrets.
The Art of the Brexit Deal
11 December 2017
On Friday the UK Government and the European Commission issued a joint report on the rights of EU citizens and their family members in the UK following the conclusion of the first stage of Brexit negotiations.
Rogue employees and no-fault liability
14 December 2017
A recent High Court judgment has illustrated how employers can potentially be held liable for wrongful disclosure of personal data by their employees.
From the pub to the court room
19 December 2017
It is not uncommon for commercial deals to be agreed with a handshake in an informal setting (often a bar, restaurant or other social venue). If agreed, parties usually then move the matter on to their lawyers to document the terms. But what if terms are never documented? How much reliance can be placed on commercial terms that are agreed orally?
Discrimination based on perceived disability is unlawful
29 December 2017
The Employment Appeal Tribunal (“EAT”) has confirmed that it is unlawful to discriminate against an employee because of a perceived disability, even where that employee is not actually disabled under the relevant legal test.
Changes to continuous residence rule for ILR applicants
08 January 2018
From 11 January 2018 new provisions are coming into force that will affect how the Home Office assesses continuous residence for indefinite leave to remain (ILR) applications.
Evidence of pre-termination negotiations will be admissible if the EDT is in dispute
15 January 2018
The Employment Appeal Tribunal (“EAT”) has decided that if the effective date of termination (“EDT”) is in dispute in an unfair dismissal case, a tribunal can hear evidence of pre-termination negotiations if that evidence is relevant to determining the issue.
Advocate General suggests no transfer on change of music school contractor
26 January 2018
An Advocate General (“AG”) of the European Court of Justice (“ECJ”) has considered whether a transfer of an undertaking occurred where a contract to operate a Spanish music school was terminated and another contractor resumed the service five months later. Under the EU Acquired Rights Directive (“ARD”), a transfer of an undertaking occurs where there is a transfer of an economic entity which retains its identity. An economic entity consists of an organised grouping of resources (i.e. persons and assets), organised with a view to carrying on economic activity.
TUPE and offshoring
30 January 2018
In a recent case, the Employment Appeal Tribunal (“EAT”) was asked to consider the application of TUPE in the context of an offshoring of services and whether a transferring employee was entitled to protection of his salary terms if he relocated to the new place of operations in the transferee’s home jurisdiction.
Further clarity on relevance of TUPE following a share sale
31 January 2018
How relevant is TUPE in the context of a share sale? A recent decision of the Employment Appeal Tribunal (“EAT”) provides a reminder that TUPE can easily come into play when a buyer is considering what to do with its newly acquired subsidiary. In this case, the buyer’s actions led to an unexpected TUPE transfer and a £3.5 million bill.
Creating a lasting change - an open letter
01 February 2018
2017 was the year women’s workplace issues dominated the public conversation.
Employment status
02 February 2018
Employment status is important because an individual’s legal rights, protections and obligations will depend upon which class he or she falls into.
Update on the new tax rules for payments in lieu of notice
16 February 2018
New tax rules will mean that income tax and national insurance contributions (“NICs”) must be paid on all payments in lieu of notice (“PILONs”) with effect from 6 April 2018.
Zero hours contracts
27 February 2018
Zero hours contracts allow organisations to hire individuals without guaranteeing them any work.
Remix to Transition
02 March 2018
This week the government released a new proposal on EU citizens arriving in the UK during the Brexit 'transition period', which is set to run for about two years after the UK leaves the EU in March 2019.
Agency workers
06 March 2018
The Agency Workers Regulations 2010 (“the Regulations”) have had a significant impact on the temporary working industry in the UK .
Directors held to be trustees of company property
08 March 2018
The Supreme Court has held that directors should be treated as being in possession of company property from the time of their appointment because, as fiduciary stewards they are trustees of trust property within the meaning of section 21(1)(b) of the Limitation Act 1890 (“the Act”).
An inspirational woman ahead of her time
08 March 2018
On International Women’s Day, it seems appropriate to reflect on an extraordinary woman who has led an extraordinary life - Dame Stephanie Shirley.
Brexit priorities for HR with a year to go
21 March 2018
The United Kingdom will leave the European Union in just over a year’s time on 29 March 2019, in the absence of an agreement to defer the separation. It seems probable there will be a 21-month transitional period, during which EU laws will continue to apply and business will have time to adapt to a post-Brexit world.
Workplace Relations Commission Code of Practice on Longer Working
28 March 2018
At the end of 2017, the Workplace Relations Commission published a Code of Practice on Longer Working (the “Code”). The Code contains guidance for employers and employees on managing the run up to retirement and dealing with requests to work beyond retirement. This has been an area of increasing focus for employers over recent years as the proportion of older workers continues to rise.