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EIR Triangle 03

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  • 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

  • Joanna Hunt writes for Lawyer 2B: Are trainee overseas secondments set to become a thing of the past?

    Press

    31 January 2018

    Joanna Hunt writes an article for Lawyer 2B, discussing the implications of the changes to qualify for Indefinite Leave to Remain (ILR) in the UK for non-EU lawyers training or working in UK firms.

  • 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.

  • Naomi Hanrahan-Soar writes for FinTech Futures: Immigration in the banking technology industry: a positive story

    Press

    22 January 2018

    Naomi Hanrahan-Soar writes an article for FinTech Futures, discussing the tech sectors heavy reliance on foreign nationals to provide the technical skills required in the workforce. Accordingly, Brexit, and the potential to restrict access to that talent pool, brings additional concerns for employers.

  • Using individuals via a services company: tax considerations

    Inbrief

    19 January 2018

    The labour market has become more complex in recent years, with many individuals choosing to go into business on their own account and sell their services to clients either directly, as a sole trader, or through a variety of intermediaries, such as partnerships or services companies.

  • Kathryn Weaver comments for China Daily: Deadly Stress

    Press

    19 January 2018

    Kathryn Weaver comments in an article for China Daily, discussing the stress and pressure from a more intense working environment across the Asia-Pacific, with particular focus on Hong Kong.

  • 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.

  • James Davies comments for The Guardian: Copyright, defamation, employment: how tech is disrupting every corner of the law

    Press

    10 January 2018

    James Davies comments in an article for The Guardian, discussing how the law needs to be at the forefront of change in an ever evolving digitised world.

  • 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.

  • 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.

  • 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.

  • Modern slavery - transparency in supply chains

    Inbrief

    28 December 2017

    Although many organisations take steps to promote ethical business practices and have policies to protect workers from being exploited, the Government considers that there is a significant way to go to tackle so-called “modern slavery”.

  • 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’).

  • Samar Shams writes for HRZone: Four lessons in prevention of illegal working

    Press

    18 December 2017

    Samar Shams writes for HRZone discussing the surprises businesses should be aware of in relation to the prevention of illegal working.

  • 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.

  • Hannah Price comments for The Times: Life after Brexit: a culture shock

    Press

    14 December 2017

    Hannah Price comments in an article for The Times discussing EU employment rights.

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