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CMI Triangle 03

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  • Calling time on workplace sexual harassment?

    23 February 2018

    A full inquiry into workplace sexual harassment has been announced by the Women and Equalities Committee. The aim of this Government inquiry is to uncover the true scale of the problem and consider what action employers and the Government can take to address it.

  • Keeping the luxury in brands?

    22 February 2018

    In Coty v Parfumerie Akzente (Case C-230/16) the CJEU has stated that luxury brand owners, can, in certain circumstances prohibit reselling of their products through some internet platforms

  • ‘Living in the dark ages’ - pregnancy and maternity discrimination at interview

    21 February 2018

    Fresh out of my first year at university and applying for a summer job at a pub, I was slightly taken aback when the interviewer asked whether I had children, in a tone that implied “no” was the right answer… Back then, with no children, I simply answered the question - but it made me wonder.

  • 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.

  • Five in 5

    12 February 2018

    Getting immigration compliance right is a common worry for employers in the UK.

  • When to pay interns?

    09 February 2018

    Media outlets have reported that HM Revenue and Customs (HMRC) has initiated a crackdown on unpaid internships, including sending letters warning that “workers” must be paid the national minimum wage and setting up teams to tackle the problem.

  • The Government’s response to the Taylor review – a damp squib?

    08 February 2018

    The Government has published its Good Work Plan in response to Matthew Taylor’s review of modern working practices. While the response sets out the Government’s intention to take forward nearly all of the review’s recommendations, there are very few specific proposals and much of the detail will be the subject of further consultation.

  • Making a termination payment after 5 April 2018? Read this!

    07 February 2018

    Income tax and national insurance contributions (“NICs”) must be paid on all payments in lieu of notice (“PILONs”) with effect from 6 April 2018.

  • Creating a lasting change - an open letter

    01 February 2018

    2017 was the year women’s workplace issues dominated the public conversation.

  • China's new "R Visa" for high-level talent

    01 February 2018

    Effective from January 2018, the new “R visa” now allows successful applicants multiple stays in China of up to 180 days per visit, with a validity of up to 10 years.

  • 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.

  • When does service provision change amount to transfer of an economic entity?

    31 January 2018

    The European Court of Justice (“ECJ”) was recently required to consider whether the award of a service contract to a replacement contractor in Portugal amounted to the transfer of an economic entity under the EU Acquired Rights Directive (“ARD”). Portugal has no equivalent legislation to the UK’s service provision change (“SPC”) rules

  • 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.

  • 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.

  • Equal pay, TUPE and insolvency

    24 January 2018

    The issue for the Employment Appeal Tribunal (“EAT”) in a recent case was what happens to historic equal pay liabilities when claimant employees transfer under TUPE on to a new employer in the context of the transferor employer’s insolvency.

  • Early Specific Disclosure Applications – factors the court will consider

    22 January 2018

    A decision in the Technology and Construction Court (“TCC") sheds light on the applicable test for early specific disclosure and the relevant considerations in making a successful application. Applications for early specific disclosure are relatively rare so the judgment provides helpful guidance.

  • 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.

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