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Enforceability of an indemnification provision under a broker agreement: is it a penalty?02 June 2023
A recent case in the Hong Kong Court of First Instance has seen the court applying the Court of Appeal’s penalty clause test to an indemnification provision under a broker agreement.
Síobhra Rush comments for the Independent on issues surrounding the June deadline for large firms’ gender pay gap data snapshot
Press01 June 2023
Síobhra Rush of Lewis Silkin explores the issues surrounding the June deadline. Síobhra explains that small firms should consider reporting this year, and that clarity is also needed around pay calculations for part-time workers, contractors, statutory leave and employer pension contributions.
Lewis Silkin publishes social mobility pay gap report
Press Release31 May 2023
We have published a social mobility pay gap report for the first time, as part of our efforts to set the benchmark for transparency, accountability and action on social mobility within the legal industry.
World Environment Day 2023: Our look at employer initiatives relating to the environment31 May 2023
It is World Environment Day on 5 June 2023, and the focus this year is on solutions to plastic pollution, under the campaign #BeatPlasticPollution. Many employers will be aware of the campaign and may be looking at their own internal green initiatives.
New ICO guidance on SARs for employers – a useful reminder on how to comply30 May 2023
From April 2022 to March 2023, 15,848 complaints related to the right of subject access were reported to the Information Commissioner’s Office (ICO). Elanor McCombe, Policy Group Manager at the ICO, singles out employers as some of the main culprits – either misunderstanding the nature of subject access requests (SAR), or underestimating their importance.
WRC issues highly anticipated decision in Debenhams test case25 May 2023
It has been reported that the Workplace Relations Commission (WRC) has awarded a former Debenhams’ employee eight weeks’ pay in the main test case for a large group of staff. It is understood that between 750-800 former employees referred complaints to the WRC following the collective redundancy in 2020.
With an ageing national workforce how can employers meet the challenge of ill health amongst older workers?24 May 2023
A growing number of older people at work could mean more employees experiencing health issues and increased focus on health-related benefits as part of the reward package. We explore the employment law considerations and share five practical tips.
Changes to working time, holiday and TUPE: retained EU law plans announced18 May 2023
The government has published a consultation paper on proposed changes to working time record keeping, annual leave and holiday pay calculations, and TUPE consultation requirements – while confirming that the vast majority of EU-derived employment law will remain (at least for the moment) unchanged.
Labour party’s proposals to reform workplace rights - spotlight on unfair dismissal18 May 2023
The outcome of recent local elections indicates a Labour party victory at the next general election. In a series of articles, we'll explore what the employment law landscape might look like under a Keir Starmer-led Labour government by examining their wide-ranging proposals for reform. This first article spotlights Labour’s proposals to reform unfair dismissal laws. These changes, if implemented, will require many employers to change their approach to recruitment, performance management and dismissal.
Investing in your employees’ mental health18 May 2023
As workplaces across the country mark Mental Health Awareness Week, employers are reminded why safeguarding employees’ mental health and wellbeing should be a business priority. What steps can employers take to address this critical issue proactively?
Contracts of employment
Inbrief17 May 2023
A contract of employment can be a written document, a verbal agreement, or a mixture of the two. Even where the employer and employee have agreed express terms, certain terms are always implied into every contract of employment. Understanding the full effect of the contract of employment is important because it forms the basis of many of the legal rights and obligations which govern the employment relationship.
Gender pay gap reporting in Europe: Pay Transparency Directive now finalised17 May 2023
The EU Pay Transparency Directive has been finalised and must be implemented by June 2026, making gender pay gap reporting compulsory for many employers across Europe.
Government confirms plans to limit non-competes in employment contracts16 May 2023
The government has confirmed its plans to limit the length of non-compete clauses in employment contracts to three months, in a recently published response to a 2020 consultation on the topic.
Government to cap non-competes and make limited changes to TUPE and Working Time Regulations10 May 2023
Non-competes will be limited to three months, rolled up holiday pay will be allowed and employers will not always have to elect representatives for TUPE transfers, according to the government’s Smarter Regulation paper released today. The government has also backtracked on the controversial sunset provision in the Retained EU Law Bill.
Government backs new law on tips09 May 2023
Tips must be paid to staff in full and distributed fairly, according to a new law which started life as a Private Members’ Bill.
Alternative dispute resolution in the workplace
Inbrief02 May 2023
Workplace disputes are disruptive and, in many cases, expensive for businesses, particularly if they result in litigation. It will often be in the interests of both parties to a dispute to avoid litigation except as a last resort. This depends on the parties’ understanding that there are alternative means of resolving disputes. There are a range of methods of alternative dispute resolution (ADR) available. Making the appropriate choice at the most suitable point in a dispute gives employers the best chance of keeping cost and workplace disruption to a minimum.
Lewis Silkin continues North of England growth with new Leeds office and partner hire
Press Release02 May 2023
Lewis Silkin LLP today announces the opening of a new office in Leeds and the appointment of James Keogh as a partner in the firm’s renowned employment law group. He will lead what will initially be a new three-strong team based in the city.
Partner, David Samuels comments on BBC news article: New CBI boss starts job as crisis continues27 April 2023
David Samuels, an employment partner at law firm Lewis Silkin, said: "[New CBI boss, Rain Newton-Smith] has a big task on her hands because the CBI clearly has a lot of cultural change to be put in place and they need to regain the confidence of the public and their members."
Data Protection Commission Annual Report – takeaways for employers27 April 2023
The Irish Data Protection Commission (DPC) recently published its annual report for 2022 detailing the activities it undertook in 2022 and setting out its regulatory strategy and priorities for the next five years. In this article we focus on the topics and guidance that we think are most relevant for employers, specifically in the areas of data breaches, subject access requests and data subject complaints. We also summarise some of the more notable case studies that might interest employers.
AI in the workplace: mind the regulatory gap?27 April 2023
The world of work looks set to be revolutionised by AI technology, with recent research suggesting that up to 300 million full time jobs globally could become automated. Yet strong voices of caution are sounding about the pace of change. Are legislatures stepping up to fill the regulatory gap? And what are the considerations for employers looking to step in and codify employees’ use of new technology themselves?