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  • Say farewell to credit and debit card surcharges

    17 January 2018

    On 13 January 2018, new rules came into force in the UK which mean that, for most retail payments, traders can no longer charge a fee in addition to the advertised price of a transaction on the basis of a consumer’s choice of payment means (for example, credit card, debit card or e-money).

  • 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.

  • English courts and overseas defendants: jurisdiction challenges and the “two-fold test”

    15 January 2018

    When a dispute involves a foreign party or events that took place in another jurisdiction, questions often arise as to where the dispute should be determined.

  • Compulsory mediation?

    11 January 2018

    In October 2017 the Civil Justice Council (CJC) published its interim report on the future role of alternative approaches to dispute resolution (ADR). The report makes various recommendations as well as inviting responses. It follows input from a working group tasked in January 2017 to examine uptake of ADR in civil justice. The primary purpose of the report is to find ways to encourage its use.

  • AIM becomes SME Growth Market – the implications for AIM companies

    10 January 2018

    AIM, the London Stock Exchange’s international market for smaller growing companies, was registered as an SME Growth Market on 3 January 2018.

  • 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.

  • Disclosure in English litigation: a sea change is coming

    09 January 2018

    English rules on disclosure (‘discovery’ in many jurisdictions) are set for a major overhaul. Draft rules were published in November 2017. Once approved by the Civil Procedure Rules Committee, the resulting draft is intended to be introduced as part of a pilot scheme lasting 2 years, potentially beginning in April 2018 and running in the Business and Property Courts. This will cover virtually all High Court litigation. It will not be optional.

  • 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.

  • Brexit Flowchart

    08 January 2018

    In a major speech on 17 January 2017, the Prime Minister Theresa May set out the Government's key negotiating objectives for exiting the European Union. But what Brexit might look like (and how we actually get there) remains far from clear, with considerable uncertainty about what the UK's relationship with the EU will be like afterwards.

  • The year in employment law

    08 January 2018

    The UK’s political landscape continues to be dominated by the shock 2016 referendum vote to leave the European Union. Following a surprise General Election in June 2017, Prime Minister Theresa May unexpectedly lost her parliamentary majority amid deep divisions about how the UK should “Brexit”. Against that backdrop, the Brexit negotiations between the UK and EU began in 2017 and will continue into 2018. This has meant that, as with many other areas, employment policy reform has taken something of a backseat. Nevertheless, employment law continues to change at pace.

  • Tech Predictions for 2018

    08 January 2018

    Following on from our 2017 Tech Predictions (link below), here are our top ten favourite tech predictions for 2018. It’s set to be another exciting year as the use of technology becomes ever more pervading, influential and business critical.

  • Erosion of privilege – Law Society seeks to intervene

    08 January 2018

    The Law Society is applying to intervene in the upcoming appeal of the landmark privilege decision in Serious Fraud Office (“SFO”) v Eurasian Natural Resources Corporation Limited (“ENRC”).

  • 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.

  • Enforcement of gender pay gap reporting – the EHRC gets involved

    21 December 2017

    The Equality and Human Rights Commission (‘EHRC’) has published a consultation on its plans for enforcing the Gender Pay Gap Reporting Regulations (‘GPG Regulations’).

  • 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?

  • 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.

  • Avoiding the Hedonic Treadmill: designing a sustainable employee engagement strategy

    14 December 2017

    The concept of the “Hedonic Treadmill” is well established amongst psychologists, but what lessons can HR draw from it in relation to improving employee engagement and productivity?

  • Ask About... Retail, Fashion & Hospitality

    12 December 2017

    Many of our clients in the retail, fashion and hospitality sector face similar HR issues. Each month one of the members of our team will identify an issue, ask how you would deal with it and provide our advice. This month we asked Laura...

  • Changes to Immigration Rules

    12 December 2017

    In UK immigration law circles, we have grown used to a statement of changes, announcing significant alteration of the existing laws, at least three times a year. Usually, the end of year change occurs in November but this year the announcement is unsurprisingly later than usual and less eventful. Presumably because the Government have found themselves a little busy the last few months...

  • 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.

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