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EIR Triangle 03

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  • 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’).

  • Lewis Silkin writes for HRZone: Four lessons in prevention of illegal working

    Press

    18 December 2017

    Lewis Silkin 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.

  • 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...

  • Laura Farnsworth spoke to SLOAN! Magazine: Lewis Silkin uses innovative working practices to improve work-life balance for lawyers with children

    Press

    12 December 2017

    Laura Farnsworth spoke to SLOAN! Magazine about the challenges faced by those with young families working in the legal sector and what led to the firm establishing rockhopper – our fixed fee HR and employment law service for businesses which allows lawyers to work flexibly from home.

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