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Non-disclosure agreement injunction granted by Court of Appeal
25 October 2018The Court of Appeal (“CA”) has upheld a set of non-disclosure agreements (“NDAs”) and granted an interim injunction which prevents the Daily Telegraph newspaper from publishing details about allegations of “discreditable conduct” by a business executive towards five employees.
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Unexplained Wealth Orders
29 October 2018The English courts have handed down their first judgment concerning Unexplained Wealth Orders. As a result of the judgment the wife of a foreign ex-banker faces losing UK property worth millions of pounds unless she can explain the source of her wealth. Set out below is an introduction to Unexplained Wealth Orders, how such orders can be resisted and the recent judgment handed down by the High Court. We also identify some key issues concerning Unexplained Wealth Orders which remain unresolved.
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Disclosure Pilot Scheme to start in January 2019
29 October 2018The Civil Procedure Rule Committee has approved the new Practice Direction which sets down rules for a mandatory disclosure pilot scheme. It will run for two years in the Business and Property Courts in England and Wales, starting on 1 January 2019.
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Private sector needs to operate new IR35 rules for contractors from April 2020
30 October 2018The Chancellor has confirmed that with effect from 6 April 2020 businesses in the private sector which engage contractors - individuals who supply their services via their own company or partnership (“Intermediary”) - will be responsible for determining whether the IR35 rules apply. If the business considers that IR35 applies, the person paying the Intermediary will be responsible for operating PAYE and NICs on the fees it pays to the Intermediary.
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Employer NICs on termination payments delayed again
01 November 2018The Government’s plan to make termination payments in excess of £30,000 subject to employer national insurance contributions (“NICs”) has been delayed for a second time and will now take effect from April 2020.
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The gig economy and employment law in Ireland
19 November 2018The origins of the “gig economy” can be traced back to the worldwide recession in 2008/2009, when people began to take on shorter term freelance “gig” type roles (involving personal service) which went outside the normal parameters of the employer/employee relationship. Very quickly, internet applications to host those services and put users in touch with the service providers came into being. These applications are now called platforms. While technology has kept up with the increase of these platforms, employment law has not, particularly in Ireland.
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MAC calls for evidence on labour shortages in the UK
20 November 2018On 13 November the Migration Advisory Committee (MAC) launched a call for evidence from employers and other interested parties to feed into its full review of the shortage occupation list. Jobs on this list are currently exempt from resident labour market testing requirements and from meeting the minimum salary otherwise required at the point of applying for settlement (currently £35,500).
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Brexit flowchart
23 November 2018Withdrawal terms have now been negotiated, but the future of Brexit is far from clear. Will Parliament approve the deal and what might happen if it doesn’t? Will the EU approve the deal? If a future trade agreement is reached, what would happen next if this were rejected by Parliament? Our latest flowchart sets out all of the future possibilities that may arise.
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Gender pay gap reporting in Ireland
05 December 2018Gender pay gap reporting laws are coming soon to Ireland.
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Tier 1 Investor category suspended with immediate effect
06 December 2018The Home Office has suspended the Tier 1 (Investor) immigration category for new applications from midnight on Thursday 6th December 2018 as part of a crackdown on organised crime and money laundering in the UK. The move follows a 46% rise in applications under the route from July this year, to over 400 applications.
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Why have tailored articles of association and even a shareholders agreement
13 December 2018If you are setting up a company with your business partner, you may be tempted to rely solely on the statutory default articles of association for private companies limited by shares (the Model Articles) to govern the internal procedures of the company, and the corporate relationship between you. These notes show why you really should consider having articles that are tailored to your circumstances, and even a shareholders’ agreement, between you and your partner - even if you wouldn’t dream of falling out with him or her.
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UK government publishes long awaited immigration white paper
19 December 2018The long-awaited immigration white paper on the UK immigration system due to be phased in from 1 January 2021 has been published today.
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Renewed focus on modern slavery statements
20 December 2018The Home Office has recently sent out letters reminding organisations of their obligations to publish statements under the Modern Slavery Act 2015 (“MSA”). The letter suggests various actions organisations need to take in response and indicates that organisations that fail to comply with their legal obligations risk being included in a published list of non-compliant organisations. So what should organisations be doing in response and what are their legal obligations?
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The year in employment law
09 January 2019Brexit continued to dominate the headlines in 2018, leaving employment law reform (along with many other areas) far down the Government’s agenda.
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Tech Predictions for 2019
11 January 2019Following on from our 2018 Tech Predictions, here are our top ten favourite tech predictions for 2019. Just imagine a world where new technology not only makes us more efficient but improves our lives in other ways - let’s see what 2019 might hold in store!
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Hong Kong increases statutory paternity leave with effect from today
18 January 2019Hong Kong male employees will be entitled to five days’ paid paternity leave for each child born on or after today, 18 January 2019, increasing from the current entitlement to three days’ leave.
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Community Infrastructure Levy
18 January 2019The Community Infrastructure Levy (“CIL”) is a discretionary planning charge which was introduced in 2010 through the Community Infrastructure Levy Regulations 2010.
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The use of mediation in sports disputes
25 January 2019With sports disputes being on the increase, it is becoming more important for parties to consider using alternative means to resolve disputes instead of the more traditional route of proceeding to arbitration or court proceedings. Mediation is commonly used to resolve commercial disputes but with sports disputes, it is not used as often despite its many benefits.
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APAC Bulletin - January 2019
25 January 2019Welcome to the January 2019 edition of our APAC Bulletin covering the latest employment and immigration updates across the region.
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Brexit and European Works Councils - a status update and what you need to do next
29 January 2019The final form of Brexit remains uncertain as does its impact on European Works Councils (“EWCs”), the area of employment law that it will most immediately and profoundly affect. This article guides you through the current state of play and suggests how best to prepare for what might happen to your existing UK law-governed EWC arrangements.