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CMI Triangle 03

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  • Data breach and cyber attack in the EU: the insurance factor

    Inbrief

    30 December 2016

    Dr. Nathalie Moreno, considers the risks associated with some of the new data security requirements and examines the role of insurance cover in managing the risks posed by potential data breaches and cyber attacks.

  • Article 29 Working Party’s Guidelines on GDPR

    Inbrief

    20 December 2016

    On 13 December 2016, the Article 29 Working Party (WP29) published guidelines together with FAQs on three key areas of GDPR.

  • European works councils

    Inbrief

    15 December 2016

    European Works Councils are becoming increasingly common as a forum to negotiate pan-European issues.

  • Corporate manslaughter

    Inbrief

    15 December 2016

    Under the Corporate Manslaughter and Corporate Homicide Act 2007 (the Act), an organisation is guilty of an offence if the way in which its activities are managed or organised by senior management causes a death and this amounts to a gross breach of duty of care owed by the organisation to the deceased.

  • Race discrimination

    Inbrief

    15 December 2016

    The European Council Directive (2000/43/EC) prohibits direct discrimination, indirect discrimination, harassment and victimisation in the workplace in respect of race (which includes colour, nationality, ethnic origins and national origins). This is implemented through the Equality Act 2010.

  • Calculating holiday pay - the current position

    Inbrief

    30 November 2016

    The calculation of holiday pay has become a major issue of concern for employers, with recent cases indicating that the approach allowed under UK law of basing holiday pay on basic pay only does not comply with the requirements of European law.

  • Whistleblowing

    Inbrief

    29 November 2016

    Since 1999 workers who ‘blow the whistle’ on their employers have had the right not to be dismissed or otherwise penalised as a result.

  • Sexual orientation discrimination

    Inbrief

    25 November 2016

    Sexual orientation is a particularly sensitive personal issue, and also involves the right to privacy under the Human Rights Act 1998. An added complication is that individuals can choose whether or not to be ‘out’ in the workplace, so employers are unlikely to know the sexual orientation of all of their employees.

  • Corporate immigration to the UK

    Inbrief

    24 November 2016

    The UK remains an attractive business destination.

  • Alternative dispute resolution in the workplace

    Inbrief

    24 November 2016

    Workplace disputes are disruptive and, in many cases, expensive for businesses, particularly if they result in litigation.

  • Senior Managers Regime, Certification Regime and Conduct Rules

    Inbrief

    24 November 2016

    Banks and other financial institutions are seeing some of the most significant regulatory changes affecting staff in many years.

  • Preparing a trade mark infringement or passing off case: practical considerations?

    Inbrief

    21 November 2016

    This checklist is aimed at rights owners and their advisers, including in-house lawyers, who are considering bringing a trade mark or passing off action in the UK. It provides a brief series of tips and pointers on things to consider when preparing a case.

  • Immigration basics for retail, hospitality and leisure

    Inbrief

    17 November 2016

    Employers in the retail, hospitality and leisure industries are under particular scrutiny from the Home Office.

  • Sponsoring migrant workers

    Inbrief

    17 November 2016

    The process and requirements for sponsoring non-EEA national workers in the UK are complicated. At the same time, the rules are strict, and the consequences of noncompliance could be detrimental to both the employer and its sponsored migrants.

  • Prevention of illegal working a: compliance guide for employers

    Inbrief

    17 November 2016

    This Inbrief summarises how employers can reduce their exposure to fines and other penalties under the Home Office’s Prevention of Illegal Working regime.

  • Bring your own device

    Inbrief

    16 November 2016

    According to a global study in 2011 by the Aberdeen group, 75% of the 415 companies surveyed allow their employees to use their own device e.g. laptops, tablets and smart phones, for business purposes. Similarly, a survey by BT in 2012 of 2,000 IT users and managers in 11 countries found that more than four out of five companies surveyed permit their employees to connect their own device to the corporate network or will do so within the next two years. This trend is commonly referred to as ‘bring your own device’ (BYOD).

  • Health and safety in the workplace

    Inbrief

    11 November 2016

    With the number of health and safety (“H&S”) prosecutions steadily increasing and significant reforms in sentencing for H&S offences and deaths at work, the need for employers to be aware of their H&S obligations couldn’t be more important.

  • Employee shareholders

    Inbrief

    09 November 2016

    With effect from 1 September 2013, the Government has introduced a new tax efficient way for employees to share in the growth of their employers – employee shareholder status.

  • Employment status

    Inbrief

    02 November 2016

    Employment status is important because an individual’s legal rights, protections and obligations will depend upon which class he or she falls into.

  • Remuneration code - For banks, building societies and investment firms

    Inbrief

    30 October 2016

    The financial services industry has been the focus of wide-ranging reform over the past few years as a result of both UK Government and European initiatives. In January 2014, a package of reforms implementing the fourth set of amendments to the EU Capital Requirements Directive (“CRD4”) took effect.

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