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Top pitfalls in drafting employment contracts
15 November 2017Ambiguous offer letters, verbal promises, incorporating policies and handbooks, missing key terms, unenforceable provisions.
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Applying game theory to HR
16 November 2017The influence of game theory, developed in the 1950s by Nobel Prize-winning mathematician John Forbes Nash Jr, has been huge. It provides a formal modelling approach for decision-makers to explore a variety of interactions among agents, and their potential outcomes.
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Full Employment Tribunal fees refunds scheme now open
16 November 2017After a brief pilot scheme, the full scheme for refunding Employment Tribunal (“ET”) fees is now open for use by both claimants and respondents.
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Protecting your brand
16 November 2017It is as a sad fact that athletes, coaches and managers will, however iconic, come and go. What underpins the real value of a sports organisation is a strong brand. It is therefore worth protecting, but the protection must be pro-active and strategic.
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Trade Mark Management
21 November 2017The IP, brand, trade mark and portfolio management team at Lewis Silkin comprises more than 50 lawyers and trade mark attorneys along with specialist support personnel.
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Trade Mark and Design Services
21 November 2017The IP, brand, trade mark and portfolio management team at Lewis Silkin comprises more than 50 lawyers and trade mark attorneys along with specialist support personnel.
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Tax on termination - employer NICs charges delayed
23 November 2017Some good news for employers was confirmed in the Chancellor’s autumn Budget.
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Employment status review announced in response to Taylor report
23 November 2017In the autumn Budget, the Government has indicated for the first time how it intends to respond to the recommendations made by Matthew Taylor in his review of modern working practices.
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Workers denied paid holiday can carry over rights until termination
30 November 2017The European Court of Justice (“ECJ”) has ruled that where workers are not granted paid annual leave to which they are entitled under the EU Working Time Directive (“WTD”), they must be able to carry over and accumulate those holiday rights from year to year and be compensated for them on termination of employment
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Morrisons held vicariously liable for employee data leak
04 December 2017The High Court has found Morrisons to be vicariously liable for the actions of a rogue employee who intentionally disclosed the personal details of over 100,000 staff at Morrisons. The judgment will be of interest to data controllers and to customers and employees whose personal data is compromised by data breaches. It is the first group litigation in respect of a data breach to be decided by the English courts.
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Chaos at the Christmas party - how to avoid an HR headache
08 December 2017The festive season is almost upon us, bringing with it the long-awaited office Christmas party - a chance for colleagues to let their hair down and enjoy themselves in a relaxed setting.
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Top 5 tips for protecting trade secrets
08 December 2017With 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.
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The Art of the Brexit Deal
11 December 2017On 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.
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Rogue employees and no-fault liability
14 December 2017A recent High Court judgment has illustrated how employers can potentially be held liable for wrongful disclosure of personal data by their employees.
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From the pub to the court room
19 December 2017It 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?
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Discrimination based on perceived disability is unlawful
29 December 2017The 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.
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Changes to continuous residence rule for ILR applicants
08 January 2018From 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.
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Evidence of pre-termination negotiations will be admissible if the EDT is in dispute
15 January 2018The 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.
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Diversity in the workplace across Asia Pacific
16 January 2018Following the landmark Hong Kong Court of Appeal decision in QT v Director of Immigration, now is a particularly relevant time to be debating diversity and equality in the workplace.
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Advocate General suggests no transfer on change of music school contractor
26 January 2018An 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.