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CMI Triangle 03

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  • 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.

  • 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.

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