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The Economic Crime and Corporate Transparency Act 2023: first changes set to be introduced
22 February 2024The Economic Crime and Corporate Transparency Act 2023 (ECCTA) received Royal Assent on 26 October 2023 and introduces several changes which are intended to prevent abuse of UK corporate structures and reduce economic crime. ECCTA will come into force in stages and it is anticipated that the first changes will be introduced on 4 March 2024 (although this date is dependent on parliamentary timetables).
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Pay Transparency Directive: what is the role of workers’ representatives?
26 March 2024The Pay Transparency Directive will give workers’ representatives new rights to access and interrogate their employer’s pay data and policies. We look at the implications for employers.
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Brexit is back! European Commission issues Communication on readiness for end of transition period
28 July 2020After a few months where organisations’ attention has been diverted by the coronavirus pandemic, the deadline for an extension to the Brexit transition period has passed without one being agreed and the UK will leave the EU Single Market and customs union from 1 January 2021.
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Lewis Silkin advises Cirkle on “transformational” Employee Ownership restructure
26 April 2018Leading law firm Lewis Silkin LLP has advised Cirkle, the PR and digital consultancy, on its move to become 60% owned by employees.
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Sports Immigration & Transfers
We have in depth knowledge of the international and domestic regulation of football, advising football clubs, players and agents on structuring and documenting transfer deals in countries all over the world, including complex loan and sell on arrangements.
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Singapore - Changing terms & conditions, cross-border transfers and terminations across APAC
19 September 2017Altering business structures, varying contractual clauses, terminating employment or transferring employees from one office to another – workforce changes are inevitable in any global business.
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Hong Kong - Changing terms & conditions, cross-border transfers and terminations across APAC
21 September 2017Altering business structures, varying contractual clauses, terminating employment or transferring employees from one office to another – workforce changes are inevitable in any global business.
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International data transfers - temporary sigh of relief over model clauses?
17 January 2020The ECJ Advocate General has given his opinion in the ongoing Schrems II case about the validity of model clauses – or Standard Contractual Clauses – as a basis for transferring data out of the EU. The opinion is that model clauses are valid, with an important note of caution.
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Migration Advisory Committee commissioned to report on Intra-Company Transfers
19 October 2020On 1 October 2020 the Migration Advisory Committee (MAC) accepted a commission from the Home Secretary to review Intra-Company Transfer (ICT) visa arrangements. It has also been asked to consider what provision could be made to allow overseas businesses to send a team rather than one individual to establish a UK branch or subsidiary, or to carry out a secondment to work on a high-value goods or services contract. The report is due by the end of October 2021, with a revised route likely becoming available in 2022.
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In House Data Club – international data transfers, new ICO guidance on ransomware, and more
19 May 2022After what has been has been a busy few months in the data and privacy world, join us for our next In-House Data Club on 19 May at 9.30 am.
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Data reforms, data transfers and data enforcement - latest developments
26 April 2023As ever legislative and regulatory developments around the world continue at pace.
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In House Data Club: International Transfers and Online Advertising
14 September 2023In this session we’ll cover the latest developments in relation to the Trans-Atlantic Data Privacy Framework (it’s finally here!) and touch on some developments at a pan-European level affecting online advertising and the ad-tech industry.
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Confirmation that collectively agreed terms are ‘static’ for transferring employees
08 March 2017In two joined cases referred to the European Court of Justice (“ECJ”) by the German Federal Labour Court, an Advocate General (“AG”) has handed down an advisory opinion on the effect of a TUPE transfer on employment terms governed by a collective agreement.
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Court of Appeal sets high bar for parties defending fraudulent misrepresentation claims and dismisses attempt to broaden transferred loss principle
21 May 2019The Court of Appeal has confirmed the presumption of inducement in cases of fraudulent misrepresentation will be “very difficult” to rebut and rejected a Claimant’s attempt to recover the loss of its subcontracting sister company via the “transferred loss” principle.
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Big spending China a major shift in transfer market
26 February 2016Karish Andrews has been quoted in an article by Associated Press which discusses the money spent by Chinese Super League Clubs in the recent winter transfer window.
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Test for ‘old-style’ transfer of economic entity requires multifactorial approach
08 March 2017The Employment Appeal Tribunal (“EAT”) has ruled that an employment tribunal, in finding that the termination of a franchise agreement gave rise to a relevant transfer under TUPE, made the mistake of focusing on one particular factor and failing to adopt a multifactorial approach assessing all the relevant circumstances.
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Continuous service for notice pay preserved on transfer
22 September 2017The European Court of Justice (“ECJ”) has considered an interesting TUPE issue concerning continuous service, arising in a case referred by the Swedish Labour Court.
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Automatic transfer of employees applies on ‘pre-pack’ sale
25 September 2017The European Court of Justice (“ECJ”) has confirmed that, in the event of a “pre-pack” sale aimed at rescuing all or part of an insolvent undertaking as a going concern, EU transfer of undertakings law requires that the employees automatically transfer. This is consistent with the position in the UK under TUPE.
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Acquired Rights Directive may apply even if significant tangible assets do not transfer in asset-focused business
09 September 2020In a German case, the European Court of Justice (ECJ) has considered whether the EU Acquired Rights Directive could apply to the transfer of an asset-focused business where significant tangible assets did not transfer due to legal, technical or environmental constraints.
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Comment: Amazon cases reveal transatlantic trade mark contrasts
10 December 2015Simon Chapman writes an article for Essential Retail on the legal implications of online marketplaces offering competitor's products when searched items are not in stock.