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UK Employment rights in a no-deal Brexit
16 July 2019What might a ‘no-deal’ Brexit mean for UK employment rights? What could employers do now to prepare? And what might the future hold in a no-deal scenario?
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Secret recording of conversations is not necessarily gross misconduct
12 July 2019The Employment Appeal Tribunal has agreed that a claimant who secretly recorded a meeting with HR should have her compensation reduced, but did not accept that this was necessarily gross misconduct. The EAT also made a number of interesting comments about covert recordings and reductions of awards.
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All systems go on extension of IR35 to the private sector from April 2020
12 July 2019The Government has confirmed it will extend the new IR35 rules to the private sector from April 2020, despite calls from professional bodies and others to delay the reforms.
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Parent company’s limited liability. Not quite so limited?
11 July 2019It is a basic principle of company law that the liability of a shareholder of a limited company is limited to the amount unpaid on the shares it holds in that company. Right? That’s why it’s called a limited company? This is generally true. However, in some cases, a parent company can be considered to have assumed responsibility for the negligent acts of its subsidiary.
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Hospitality industry welcomes post-Brexit salary threshold review
10 July 2019On 24 June, the Home Secretary, Sajid Javid, commissioned the Migration Advisory Committee (MAC) to review the £30,000 minimum salary threshold it proposed for sponsoring skilled workers in the post-Brexit immigration system, which is due to be rolled out from 1 January 2021. This move has been welcomed by the hospitality industry as an opportunity to ensure it can sponsor medium skilled workers from 2021 without having to pay substantially above market rates.
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Dispute Resolution Update - July 2019
10 July 2019Welcome to our July 2019 Dispute Resolution Update. We’ve included articles on a range of disputes, including summaries of recent cases and guides on key aspects of dispute resolution. With an increasingly globalised and fast changing environment, disputes are an inevitable part of business. Not only can we help resolve disputes once they arise but we also work with our clients to reduce the risk of litigation.
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BA’s sky-high fine for GDPR breach
09 July 2019British Airways (BA) are potentially facing a £183m fine by the Information Commissioner’s Office (ICO) for breaches of the General Data Protection Regulation (GDPR) following last year’s cyber-attack. The actual amount of the fine will be determined after representations are made by BA and by other supervisory authorities.
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Protection of guests: how far does a hotel’s duty extend?
09 July 2019For the first time, the High Court has stated that hotels owe a duty to their guests to take reasonable care to protect them from injury caused by the criminal acts of third parties. But how far does that duty go?
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Gender equality “roadmap” published
04 July 2019The Government Equalities Office has published a gender equality roadmap, which sets out proposed actions to tackle persistent gendered inequalities. This includes a number of potential changes to employment law.
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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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Contract interpretation: a helpful recap by the Court of Appeal
03 July 2019At the end of March 2019, the Court of Appeal handed down a decision which provided a helpful reminder of the modern approach to interpreting contracts.
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The key clauses that every representation contract should contain
03 July 2019With the transfer window now in full swing and intermediaries busy brokering deals on behalf of both players and clubs, it is an important time for intermediaries, as well as players and clubs, to ensure that the terms of their representation contracts sufficiently protect their interests.
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The inexorable rise of video advertising
02 July 2019London Tech Week this year highlighted many fascinating tech trends. One particular trend that resonated with me is the inexorable rise of video advertising. Here are a few takeaways from the video advertising session hosted by Taptica.
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Ads & Brands Law Digest: July 2019
01 July 2019Welcome to the July 2019 issue of our monthly Ads & Brands Law Digest.
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Media & Entertainment Legal Digest: May - June 2019
01 July 2019Welcome to the latest issue of our ‘Media & Entertainment Legal Digest’. We have selected the legal and regulatory developments from the past two months or so that we think are most likely to be of interest, with a very brief summary and then a link to the official source or full text of the item.
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Jurisdiction Challenges
28 June 2019We have updated our Guide to Jurisdiction Challenges, particularly in light of Brexit developments. In the guide, we provide an overview of how to challenge the jurisdiction of the English courts if a claim is started here. Next we consider what to do if proceedings are brought in a foreign court in breach of a jurisdiction clause in favour of the English courts, or in breach of an arbitration clause. Finally, we consider the impact of Brexit – deal or no deal – as the situation currently stands.
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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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The Law, the ‘Outlaws’ and Ad Tech’s O.K. Corral
26 June 2019Programmatic advertising is often likened by commentators to the Wild West: some because they consider it to be a lawless place where anything goes; others because it pushes boundaries and is creating a new frontier. Wherever you stand on that metaphor, ad tech is looking like it’s about to have its own ‘Gunfight at the O.K. Corral’ moment – a shootout in the EU prompted by a long-simmering feud between privacy’s ‘lawmen’ and the advertising industry’s ‘outlaws’ finally boiling over.
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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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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.