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Unreasonable non-compete clause could be rescued by severance
03 July 2019The Supreme Court (“SC”) has given a landmark judgment about the limits of post-termination restrictions (“PTRs”) in employment contracts. It ruled that although a six-month non-compete clause went too far by restricting an employee from holding a minority shareholding in a competing business, the employer could still enforce the key part of the clause.
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Michael Anderson comments for The Financial Times, The Law Society Gazette & Staffing Industry Analysts: ‘Victory for employers’ as Supreme Court rules in landmark competition case
Press
03 July 2019Michael Anderson has commented in an articles for The Financial Times, The Law Society Gazette and Staffing Industry Analysts. In all three articles he discusses the Supreme Court's decision to uphold a non-compete restriction today in the first employment competition case to have reached the court and its predecessor in over a century.
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Naomi Hanrahan-Soar and Kathryn Denyer write for LexisNexis: An update on the start-up and innovator endorsing bodies
Press
03 July 2019Naomi Hanrahan-Soar and Kathryn Denyer provide an update for LexisNexis on the start-up and innovator visa endorsing bodies, and whether they are in a position to endorse.
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Thirteen lawyers listed in Best Lawyers in the United Kingdom
Press Release
28 June 2019Lewis Silkin is pleased to announce that thirteen of our lawyers have been listed in the Eighth Edition of The Best Lawyers in the United Kingdom.
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Effectively dealing with workplace conflict
26 June 2019Disputes and conflict in the workplace such as grievances, disciplinary actions, bullying investigations, or even simple disagreements can be costly and time-consuming for businesses to deal with, and can have an adverse effect on the work environment and even how the business is perceived by those on the outside. This does not have to be the case, however. Effectively mediating staff issues and working to provide solutions, while challenging, is a crucial tool for business owners and HR professionals to have in order to ensure a happy and efficient workforce.
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Discrimination because of a perceived disability is unlawful confirms Court of Appeal
26 June 2019The Court of Appeal has found that it is unlawful to discriminate against a person because of a mistaken perception that they have a progressive condition which would make them unable to perform the full functions of the role in future.
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Joanna Hunt writes for FreeMovement: Why can’t politicians get over the idea of an Australian-style immigration system?
Press
24 June 2019In an article for freemovement, Joanna Hunt asks, why can’t politicians get over the idea of an Australian-style immigration system?
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UK CAC upholds the relocation of European Works Council arrangements to Ireland due to Brexit
21 June 2019The Central Arbitration Committee (“CAC”) has ruled that multinational companies headquartered outside of the European Union are not prohibited from relocating their European Works Council (“EWC”) arrangements from the UK in anticipation of Brexit. Relocation does not undermine employees’ information and consultation rights and is in accordance with the fundamental EU law principle of freedom of establishment.
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The EU adopts a work-life balance directive
21 June 2019The Directive, which brings in new rights for carers and working parents, must be implemented in all EU member states by the middle of 2022. We look at what it means for employers.
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Naomi Hanrahan-Soar writes for Building: Are speedier visas enough to ease the skills crisis?
Press
21 June 2019In an article for Building, Naomi Hanrahan-Soar asks, are speedier visas enough to ease the skills crisis that the Architecture profession is facing?
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Lucy Lewis comments for The Telegraph: South Western Railway strike: Can I be sacked because my trains keep getting cancelled?
Press
18 June 2019Lucy Lewis has commented in an article for The Telegraph that discusses the five-day rail strike across South Western Railway (SWR) services that's threatening to disrupt journeys for hundreds of thousands of commuters as workers walk out in a long-running dispute over the role of train guards.
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Court of Appeal decides that unions do not have a veto during collective bargaining
17 June 2019The Court of Appeal (“CA”) has ruled that offers made directly by an employer to its employees in relation to pay and working hours did not amount to an unlawful attempt to bypass collective bargaining contrary to section 145B of the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”). S.145B is only engaged if the employer’s purpose is to stop employees’ terms of employment from being determined by collective agreement on a permanent basis.
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IR35 – What is changing and what you need to do
17 June 2019The government is committed to cracking down on “disguised employment”. In order to achieve that, the IR35 rules are changing in April 2020.
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The EU gets Transparent and Predictable
14 June 2019The EU’s Transparent and Predictable Working Conditions Directive - long in the gestation – is on the brink of becoming law. We look at what it means.
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Voluntary overtime must be included in holiday pay if sufficiently regular and settled
12 June 2019The Court of Appeal (“CA”) has confirmed that the Working Time Directive (“WTD”) requires voluntary overtime to be included in holiday pay if it is sufficiently regular and settled to amount to normal remuneration. On the wording of their NHS contracts, the claimants were also entitled to have both compulsory and voluntary overtime included in their holiday pay.
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Ask about... Retail, Fashion and Hospitality
12 June 2019Many 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 Emma...
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New processes for low-risk nationalities using e-passport gates to enter the UK
Press
10 June 2019Since 20 May 2019 citizens of Australia, Canada, Japan, New Zealand Singapore, South Korea and USA have been able to use e-passport gates at airports in Birmingham, Bristol, Cardiff, the East Midlands, Edinburgh, Gatwick, Glasgow, Heathrow, London City, Luton, Manchester and Stansted, as well as the Eurostar terminals at Brussels and Paris.
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Joanna Hunt and Kathryn Denyer write for HR Magazine: Digitalisation of the visa system: What HR should know
Press
07 June 2019Joanna Hunt and Kathryn Denyer have written an article for HR Magazine that discusses how HR teams need to get up to speed with the transformation of the UK's visa system, including digital visa status and online right to work checks.
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The Trade Secrets (Enforcement, etc) Regulations 2018, one year on
07 June 2019The UK implemented legislation on 9 June 2018 bringing into force the EU Trade Secrets Directive. This article looks at the impact this legislation has had in the employment context where a claim for misuse of confidential information may now also include a statutory claim for misuse of trade secrets.
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James Davies comments for Compliance Monitor: Office autocrats: facing dominant behaviours in financial services
Press
06 June 2019James Davies has commented in an article for Compliance Monitor which discusses forceful personalities in the financial services industry, the negative group behaviours that arise from them and how bucking these pressures is a formidable task for an individual and, lamentably, most whistleblowers still experience adverse reprisals.