Insights & News
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Ask About … Retail, Fashion & Hospitality
11 October 2017Many 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 Lucy...
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When does a chat with competitors become illegal?
09 October 2017We all have discussions with counterparts in our industries. Those conversations are often vital to share knowledge, address common issues, and lobby for change. However, conversations with competitors can easily stray into dangerous territory, leading to potentially cartel behaviour.
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WORKSPHERE commended by FT Innovative Lawyers Awards 2017
Press Release
06 October 2017Lewis Silkin’s comprehensive HR service WORKSPHERE has been commended in the FT Innovative lawyers 2017: New Products and Services category.
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Lewis Silkin advises Blend Media in raising £1.5million on its third funding round
Deal
06 October 2017Lewis Silkin has advised its client Blend Media on its third funding round, in which £1.5 million of investment was secured bringing the total to £2.6 million.
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International data transfers - are model clauses now under threat?
05 October 2017Many of you will remember Max Schrems, the Austrian law student who in 2015 successfully brought a case to the European Court of Justice (“ECJ”) that resulted in the “safe harbor” - the agreement that allowed the transfer of EU citizens’ data to the US - being declared invalid.
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James Davies writes for LexisNexis Australia - Robotics, artificial intelligence and work: hope for the best but prepare for the worst
Press
29 September 2017Divisional managing partner, James Davies has written an article for LexisNexis Australia which discusses the impact of robotics and artificial intelligence on the workplace.
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Brexit: from a slow drip to a full-on leak
27 September 2017On 5 September 2017, the Home Office Post-Brexit Immigration Document was leaked to the public. The document – the exact publication date of which we do not know – provides a screenshot of government policy towards EU nationals and their non-EU family members. The document talks about how those individuals will be affected at three separate stages: (1) those in the UK ‘before exit’, (2) those who come to the UK during the ‘implementation phase’, and (3) those who arrive ‘after the implementation period’.
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Lucy Lewis writes an article for The Law Society Gazette on ‘Cardiff: Our launch pad for expansion’
Press
27 September 2017The legal market in Cardiff is thriving, and so is Lewis Silkin’s Cardiff office.
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Court of Appeal orders Hong Kong’s Immigration Department to accommodate same-sex partners as dependants
26 September 2017In a unanimous decision made on 25 September, the Court of Appeal ruled that the Immigration Department’s refusal to issue a dependant visa to the lesbian civil partner of a British expat was not rational.
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Lewis Silkin advises Next Fifteen Group on its acquisition of Charterhouse Research Ltd
Deal
26 September 2017Lewis Silkin, a leading international law firm to creative agencies, has advised Next Fifteen Group (Next 15), the digital communications group, on the acquisition of the entire issued share capital of Charterhouse Research Ltd (“Charterhouse”) through its data and insights subsidiary, MIG Global Limited (“MIG”). This deal marks the fourth acquisition that the Lewis Silkin team has been instructed on by Next 15 this year.
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Sean Dempsey comments for The Telegraph: How much regulation is needed to secure an open economy?
26 September 2017Sean Dempsey commented in an article for The Telegraph discussing how businesses and regulatory bodies must not lose sight of workers’ rights and data protection as the way they work is transformed by technology.
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Autonomous Vehicles and the Built Environment
25 September 2017Self-driving cars are on their way. The trailblazers (Tesla, Google, Uber) are conducting increasingly sophisticated tests in real-world conditions. The traditional car makers (General Motors, BMW) are acquiring start-ups or partnering with established tech companies to boost their capabilities. Ford recently promoted the head of its smart mobility unit to chief executive and aims to have a mass market fully autonomous car by 2021.
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Employee liability information is not limited to contractual matters
25 September 2017The Employment Appeal Tribunal (“EAT”) has ruled that the employee liability information (“ELI”) that a transferor is required to provide under regulation 11 of TUPE is not limited to contractual entitlements. In addition, the EAT decided that there is no obligation on the transferor to set out whether any entitlement is contractual or not.
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TUPE and collective agreements - static vs dynamic debate revisited
25 September 2017A judgment of the European Court of Justice (“ECJ”) in a German case has reconsidered the effect of a TUPE transfer on employment terms governed by a collective agreement. The issue to be determined was whether, once a business had transferred, the new employer was compelled to apply the terms and conditions arising from collective agreements adopted after that transfer.
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Busting Brexit
Press Release
25 September 2017At the Shifting World Dynamics and the Evolving Workplace: Global labour law conference which will be held in Hong Kong on 6th October, James Davies from Lewis Silkin will be speaking on Busting Brexit myths in our first session.
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Service provision changes – determining principal purpose of organised grouping
25 September 2017The EAT has given guidance on the correct approach to determining the “principal purpose” of an organised grouping of employees within the meaning of the service provision change (“SPC”) rules under TUPE.
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Gender pay gap reporting – the story so far
25 September 2017It’s a little over five months since the first “snapshot date” of 5 April 2017 and less than seven months before the final deadline for employers with 250 or more UK staff to publish their first ever gender pay gap reports without incurring the wrath of the Equality and Human Rights Commission. This seems as good a point as any to ask the question “Where are we now?”
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Automatic transfer of employees applies on ‘pre-pack’ sale
25 September 2017The European Court of Justice (“ECJ”) has confirmed that, in the event of a “pre-pack” sale aimed at rescuing all or part of an insolvent undertaking as a going concern, EU transfer of undertakings law requires that the employees automatically transfer. This is consistent with the position in the UK under TUPE.
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Illegal working penalties released; name, shame and make them pay
25 September 2017The ONS has released the illegal working civil penalties data for the first quarter of 2017. The revenue raised was £5,900,000, prior to any adjustment following objections to the penalties. Given the population difference, it is not surprising that London and the South East had the highest number of penalties applied and illegal workers found but there were still large numbers issues in the Midlands and North West as well.
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Lewis Silkin authors a chapter in David Liddle's 'Managing Conflict: a practical guide to resolution in the workplace’
Press Release
25 September 2017Laura Farnsworth, Partner and Laurence Mills, Associate, in our Employment, Immigration and Reward team have authored Chapter 4 of the guide: 'Managing conflict from a legal perspective'.