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Updated Comparative Table of employment law developments across Great Britain, Northern Ireland and the Republic of Ireland
30 November 2023Do you need to stay up to date with employment law developments across Great Britain, Northern Ireland and the Republic of Ireland? If so, our updated Comparative Table, prepared in conjunction with Legal Island, will be a handy reference guide.
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The employee voice, social media and the culture wars - where to draw the line?
30 November 2023Employers are walking the tightrope between ensuring an open and inclusive workplace, inviting employees to bring their “whole selves” to work, yet protecting against discrimination, harassment and an outbreak of culture wars. Knowing whether and when to step in can be a challenge, particularly in the age of social media and instant communications.
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Limited partnerships: litigation following dissolution and winding up
30 November 2023A decision has been taken to wind up a limited partnership - that heralds the end for all concerned… or does it? Can a cause of action which accrued pre-dissolution be litigated by the general partner post-dissolution following the apparent winding up of the limited partnership? The High Court (at least on an interim basis) has said, yes.
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How to avoid a right to work check headache when BRPs are phased out
27 November 2023The Home Office intends to phase out biometric residence permits and other physical immigration documents from 1 January 2025. Although details of the process are still awaited, employers should take the opportunity now to review the volume of repeat right to work checks are due on 31 December 2024 and aim to minimise bottlenecks with processing these.
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VSP update – A trio of recent developments for Video Sharing Platforms (and a glimpse ahead to what enforcement under the Online Safety regime might look like)
27 November 2023The Online Safety Act 2023 recently received Royal Assent and Ofcom has begun the process of consulting on various codes of practice. Most, if not all, Video Sharing Platforms (VSPs) will be caught by the Act, However, in the meantime, VSPs still need to comply with the existing Video Sharing Platform rules, and recent activity from the regulators indicates that they are keen to remind VSPs that they can’t sit on their laurels until the Online Safety regime kicks in. Regulatory activity can also be taken as an indication of how enforcement action may be approached under the Online Safety regime, as there are many parallels in the regulations.
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Who’s Who? - ‘Principal Accountable Person’ under Section 73 of the Building Safety Act 2022
24 November 2023Lewis Silkin recently advised on a dispute between an intermediate landlord (IL) and their management company (MC) over who the Principal Accountable Person (PAP) was under Section 73 of the Building Safety Act 2022 (BSA). By no means an easy task…
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IR35: offset mechanism to be introduced for the off-payroll working rules
23 November 2023The Autumn Statement 2023 contained an announcement that a new offset mechanism will be introduced for the off-payroll working rules, which will help end users and fee payers where HMRC has disagreed with a status determination.
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No mention in the King’s speech: a non-starter for non-compete limits?
22 November 2023The government’s planned reform to non-competes was conspicuous by its absence in the King’s Speech on 7 November 2023. There is now much greater uncertainty as to whether any legislation limiting non-compete restrictions to a period of three months will make it to the statute books.
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Supreme Court throws out Deliveroo rider status challenge
21 November 2023The Supreme Court, upholding earlier decisions by the Central Arbitration Committee, High Court and Court of Appeal, finds that Deliveroo riders are not in an “employment relationship” for the purposes of European human rights law.
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The role of immigration law in advancing DE&I initiatives in global mobility
17 November 2023Diversity, equity, and inclusion (DE&I) initiatives are no longer just buzzwords but are becoming essential elements of success for companies in all industries. Companies are recognising the value of diverse talent and the need to promote equitable opportunities in their global operations. Immigration law is a cornerstone of the legal framework and can play a pivotal role in shaping the demographic composition of a company.
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Government legislates to preserve EU-based discrimination law – what does this mean for employers?
16 November 2023The government has published draft regulations amending the Equality Act 2010 to ensure that discrimination protections derived from EU law are preserved after Brexit. Some of these changes are significant because they involve rights that have not regularly been applied in practice in the UK.
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Holiday pay regulations and the Worker Protection Act - In-House Employment Lawyers Coffee Break: Episode 2
Podcast
15 November 2023Listen here for the latest developments and essential practical takeaways (short enough to fit into a 10-minute coffee break!). Lawyers from our IHELC team will discuss key developments in employment law with our usual pragmatism and insight, a touch of humour and a sharp focus on the in-house lawyer’s perspective.
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Financial promotion exemptions for high net worth individuals and sophisticated investors: HM Treasury publishes its response
15 November 2023HM Treasury has published its Response to the Consultation: Financial promotion exemptions for high net worth individuals and sophisticated investors (Consultation) which set out proposals to reform exemptions in the Financial Promotion Order 2005 (FPO) relating to high net worth individuals and sophisticated investors.
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Comparison between the Digital Services Act and the Online Safety Act 2023
14 November 2023The Online Safety Act recently received Royal Assent and is likely to come into force late next year. The Digital Services Act comes into force in EU member states, as well as the EEA in early 2024. How do these regimes overlap and differ and how can UK companies comply with both (particularly when many may think they are not in scope for the DSA, but they may well be)?
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Economic Crime and Corporate Transparency Act 2023: Key changes
10 November 2023In this article we identify, at a high level, the changes that the Economic Crime and Corporate Transparency Act makes to UK company law; its practical effects are far reaching and introduce significant changes which will affect the day-to-day running of companies.
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Government to legislate on changes to TUPE consultation requirements and to clarify record keeping requirements
09 November 2023The government has confirmed they will proceed with planned reforms to clarify that employers do not have to record daily working hours of workers and extend the limited circumstances when employers can consult with employees directly about a proposed TUPE transfer.
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Government to legislate on holiday entitlement and pay: here’s what it means for employers
09 November 2023EU rules on holiday pay will be kept, according to new regulations unveiled this week. For workers with irregular hours or who work part of the year, so-called ‘rolled-up’ holiday pay will be allowed and there’ll be a new system for calculating holiday entitlement. Our article looks at the new laws coming into force from 1 January 2024.
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People with convictions: changes to rules on the rehabilitation of offenders
08 November 2023Following changes to the rules on the rehabilitation of offenders, thousands of job seekers no longer need to disclose criminal records when applying for jobs. We look at how the rules around spent convictions have changed and how this could be a catalyst for employers to reconsider their approach to this issue.
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Commitment and Collaboration - key takeaways from the Smart Building Show 2023
07 November 2023Smart tech and smart buildings are now becoming a priority for business leaders and owners, but the current climate challenges require commitment and collaboration. At the recent Smart Buildings show we learnt more on how smart buildings are part of a solution to a complex problem:
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£3.3 billion of unused apprenticeship levy funds have been returned to the Treasury – should you be thinking about apprenticeships?
06 November 2023We’re now almost two months into the new academic year and what would have been the start date for many new apprentices. Whilst the next academic year may feel a long way off, with over £3.3 billion of unused apprenticeship levy funds returned to the Treasury, now is a good time to consider your apprenticeship recruitment strategy for 2024 and how you can make the best use of apprenticeship funding.