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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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Supreme Court ends British Gas challenge to holiday pay ruling
02 March 2017The Supreme Court has refused permission for British Gas to appeal against an important ruling that the calculation of holiday pay should include results-based commission.
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Activities fundamentally the same despite alterations to location and scope of service
01 March 2017The Employment Appeal Tribunal (“EAT”) has upheld an employment judge’s decision that a service to provide accommodation-based support services for homeless people had remained fundamentally the same before and after a TUPE service provision change (“SPC”), despite alterations to the location and scope of the service.
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Continuous service for notice pay preserved on transfer
28 February 2017An Advocate General (“AG”) of the European Court of Justice has handed down an advisory opinion on an interesting TUPE issue concerning continuous service, arising in a case referred by the Swedish Labour Court
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Lewis Silkin speaking at Law Society Brexit seminar
27 February 2017Karen Baxter, head of Lewis Silkin’s Professional Services sector group, will be speaking at The Law Society’s event on the implications of Brexit for in-house lawyers on 28 March in relation to employment law.
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“(Section 55) Shades of Gray” - using the Data Protection Act to prevent employees misusing or taking data
27 February 2017A recent case has highlighted a potentially helpful mechanism in the Data Protection Act 1998 (“DPA”) for employers to use if they are concerned about employees taking data when they leave.
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Industrial relations update
22 February 2017Our summary of recent “collective” employment law developments includes the latest on the Government’s industrial action reforms, the Court of Appeal’s ruling in the Boots case concerning a “sweetheart” recognition agreement and a decision of the Central Arbitration Committee (“CAC”) upholding an information request by the trade union Unite.
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Clarification on tax changes for the public sector ‘off-payroll’ workers
22 February 2017HM Revenue & Customs has issued guidance on forthcoming changes to the IR35 rules where workers provide their services to a public authority through a personal services company (“PSC”), i.e. a company owned and controlled by the worker.
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Michael Burd comments in The Guardian: Lloyd's alcohol ban challenges City of London's drinking culture
Press
20 February 2017Chair of the Partnership and Employment law specialist, Michael Burd, has commented in an article for The Guardian as Lloyd's of London introduce it's zero-tolerance ban on alcohol during working hours.
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Pimlico Plumbers are workers not self-employed
14 February 2017In the latest development in a series of cases on employment status, the Court of Appeal has rejected an appeal by Pimlico Plumbers and found that a “self-employed” plumber should have been classed a worker.
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Sean Dempsey comments for HR Magazine - The state of the union: The future of IR
Press
13 February 2017Employment law Partner, Sean Dempsey has commented in an article for HR Magazine which discusses the following question: are trade unions really representing modern workers or do they need to change with the times?
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‘ETO’ reasons must entail changes in workforce
06 February 2017A recent decision of the Employment Appeal Tribunal (“EAT”) serves as a useful reminder of how employers can fairly dismiss employees for an economic, technical or organisational (“ETO”) reason following a TUPE transfer.
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Extending the reach of the Modern Slavery Act 2015
26 January 2017The link between an increasingly globalised economy and the labour rights of workers was put firmly on the commercial agenda by the Government when it introduced the Modern Slavery Act 2015 (“MSA”) in October 2015.
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Should (female) employees be told how to dress to impress?
26 January 2017Hitting the headlines, two parliamentary committees have published a report highlighting the fact that discriminatory dress codes are still widespread in the workplace.
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Never mind the Government, Parliament fires the Brex Pistol
25 January 2017The Supreme Court has just ruled on one of the most significant British constitutional cases in recent history. An Act of Parliament is needed before Article 50 of the Treaty on European Union can be triggered and the UK leaves the EU.
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Free trade and controlling free movement - can the UK and the EU square the circle?
25 January 2017Much is being written about Brexit these days, but what are the possible options for the UK and the EU to reach a compromise on the issue of free movement of people allowing the UK to continue to participate in the European Single Market and the EU Customs Union?
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Working Effectively with Trade Unions: Post Brexit and Trade Unions Act
23 January 2017Lewis Silkin is delighted to be speaking at the upcoming 10th Annual Conference: Working Effectively with Trade Unions : Post-Brexit and Trade Unions Act in London on 1 February.
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IFLR In-House Counsel Summit 2017
Press Release
20 January 2017Lewis Silkin is delighted to be speaking at this week’s IFLR In-House Counsel Summit 2017 in London for the second year in a row.
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Planning for employment law issues in your HR budget
19 January 2017With the annual budgeting process now underway in many businesses, we have taken a look at the expected employment law developments for the coming year and identified five non-core areas of potential spend/cost that HR directors may want to make allowance for in their 2017/18 budget.
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What does Brexit mean for UK employment law?
19 January 2017It is now several months since the UK voted to leave the European Union. What are the short and long-term implications of this momentous decision for workplace rights in the UK?