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MAC proposals will switch it up for Tier 4 students wanting to work in the UK
17 September 2018September marks the start of what is likely to be a busy few months in the world of immigration law, with the eagerly awaited Migration Advisory Committee’s report into the impact of EU workers on the UK economy likely to be released in the next few weeks and the long overdue immigration white paper following in October.
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Heathrow fined over data breach
09 October 2018The Information Commissioner’s Office (“ICO”) has made a civil monetary penalty order for the sum of £120,000 against Heathrow Airport Ltd (“HAL”) after a lost data stick containing the sensitive personal information of a number of staff members was found by a member of the public.
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Promoting mental health awareness in the workplace
10 October 2018Today is World Mental Health Day, an appropriate time for employers to reflect on how this issue impacts the workplace and consider measures they can adopt to promote mental health and support their employees.
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Refusal to provide cake supporting gay marriage was not direct sexual orientation discrimination
11 October 2018The Supreme Court (“SC”) has ruled that a bakery did not discriminate on grounds of sexual orientation when it refused to provide a cake for a customer bearing the words “support gay marriage”. The bakery’s refusal was based on the owner’s Christian beliefs that the only form of marriage acceptable to God was between one man and one woman.
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Brand Clearance Guide
23 October 2018A practical guide to brand clearance including details on the range of searches available (such as trade mark searches, strapline searches, common law searches and domain name searches), information on budgeting for clearance and general strategic advice.
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Tribunal time limit calculator
25 October 2018We have created a free calculator which will automatically calculate Employment Tribunal time limits.
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Corporate Governance and Insolvency reforms
25 October 2018The UK Government is implementing measures to strengthen corporate governance and insolvency laws. The aim is to increase accountability, improve creditor protection and promote company rescue. This note comments on a selection of the proposals which were published at the end of the summer.
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Non-disclosure agreement injunction granted by Court of Appeal
25 October 2018The Court of Appeal (“CA”) has upheld a set of non-disclosure agreements (“NDAs”) and granted an interim injunction which prevents the Daily Telegraph newspaper from publishing details about allegations of “discreditable conduct” by a business executive towards five employees.
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Unexplained Wealth Orders
29 October 2018The English courts have handed down their first judgment concerning Unexplained Wealth Orders. As a result of the judgment the wife of a foreign ex-banker faces losing UK property worth millions of pounds unless she can explain the source of her wealth. Set out below is an introduction to Unexplained Wealth Orders, how such orders can be resisted and the recent judgment handed down by the High Court. We also identify some key issues concerning Unexplained Wealth Orders which remain unresolved.
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Disclosure Pilot Scheme to start in January 2019
29 October 2018The Civil Procedure Rule Committee has approved the new Practice Direction which sets down rules for a mandatory disclosure pilot scheme. It will run for two years in the Business and Property Courts in England and Wales, starting on 1 January 2019.
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Legal Professional Privilege Update
30 October 2018This guide is intended to provide a brief overview of legal professional privilege, updated following the Appeal Court’s judgment in SFO V ENRC. It identifies some practical steps which will help to maintain privilege and concludes with a privilege “flowchart” and table of commonly used terms.
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Private sector needs to operate new IR35 rules for contractors from April 2020
30 October 2018The Chancellor has confirmed that with effect from 6 April 2020 businesses in the private sector which engage contractors - individuals who supply their services via their own company or partnership (“Intermediary”) - will be responsible for determining whether the IR35 rules apply. If the business considers that IR35 applies, the person paying the Intermediary will be responsible for operating PAYE and NICs on the fees it pays to the Intermediary.
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Employer NICs on termination payments delayed again
01 November 2018The Government’s plan to make termination payments in excess of £30,000 subject to employer national insurance contributions (“NICs”) has been delayed for a second time and will now take effect from April 2020.
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The gig economy and employment law in Ireland
19 November 2018The origins of the “gig economy” can be traced back to the worldwide recession in 2008/2009, when people began to take on shorter term freelance “gig” type roles (involving personal service) which went outside the normal parameters of the employer/employee relationship. Very quickly, internet applications to host those services and put users in touch with the service providers came into being. These applications are now called platforms. While technology has kept up with the increase of these platforms, employment law has not, particularly in Ireland.
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MAC calls for evidence on labour shortages in the UK
20 November 2018On 13 November the Migration Advisory Committee (MAC) launched a call for evidence from employers and other interested parties to feed into its full review of the shortage occupation list. Jobs on this list are currently exempt from resident labour market testing requirements and from meeting the minimum salary otherwise required at the point of applying for settlement (currently £35,500).
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Brexit flowchart
23 November 2018Withdrawal terms have now been negotiated, but the future of Brexit is far from clear. Will Parliament approve the deal and what might happen if it doesn’t? Will the EU approve the deal? If a future trade agreement is reached, what would happen next if this were rejected by Parliament? Our latest flowchart sets out all of the future possibilities that may arise.
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Establishing a business presence in the UK
26 November 2018If you are a non-UK corporate body and you wish to establish a business presence in the UK, this brief guide covers the main issues you need to consider. Establishing an operating subsidiary, branch or other business presence in the UK is a straightforward process, and can be achieved very quickly and at minimal cost.
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Gender pay gap reporting in Ireland
05 December 2018Gender pay gap reporting laws are coming soon to Ireland.
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Smart Floorspace Digitalising Retail Experience
06 December 2018Media coverage this year for the retail sector has been saturated with reports about the decline of the nation’s high streets.
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Tier 1 Investor category suspended with immediate effect
06 December 2018The Home Office has suspended the Tier 1 (Investor) immigration category for new applications from midnight on Thursday 6th December 2018 as part of a crackdown on organised crime and money laundering in the UK. The move follows a 46% rise in applications under the route from July this year, to over 400 applications.