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Legal Developments in the The Legal 500 UK 2020

Deal or No Deal: Employers Urged to Make Preparations For Post-Brexit Recruitment

July 2019 - Employment. Legal Developments by DavidsonMorris.

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The deadline of 31st October 2019 to agree a Brexit deal is fast approaching, leaving employers less time for critical Brexit recruitment planning.

As we near the Brexit deadline, the prospect of a No Deal exit seems more likely than ever.

Has the #MeToo movement altered litigation considerations in court cases?

June 2019 - Employment. Legal Developments by IR Global.

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The following article discusses session two in the IR Global Virtual Series on '#MeToo - Is it time up for discrimination in the Workplace?'

What laws and regulations apply around harassment and discrimination in your jurisdiction?

May 2019 - Employment. Legal Developments by IR Global.

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The following article discusses session one in the IR Global Virtual Series on '#MeToo - Is it time up for discrimination in the Workplace?'

Has the #MeToo movement altered the HR policies and procedures adopted by companies in your region?

May 2019 - Employment. Legal Developments by IR Global.

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The following article discusses session three in the IR Global Virtual Series on '#MeToo - Is it time up for discrimination in the Workplace?'

What is the process for receiving sexual harassment complaints in your jurisdiction?

May 2019 - Employment. Legal Developments by IR Global.

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The following article discusses session one in the IR Global Virtual Series on 'Workplace Investigations: Process and enforcement in the age of #MeToo

Best practices to recommend to conduct a successful investigation? Common problems for Clients?

May 2019 - Employment. Legal Developments by IR Global.

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The following article discusses session two in the IR Global Virtual Series on ' Workplace Investigations: Process and enforcement in the age of #MeToo

What actions are available to clients once an investigation is concluded in your jurisdiction?

May 2019 - Employment. Legal Developments by IR Global.

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The following article discusses session three in the IR Global Virtual Series on ' Workplace Investigations: Process and enforcement in the age of #MeToo

Visa options for international students to stay in the UK

November 2018 - Employment. Legal Developments by DavidsonMorris.

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What are the immigration options for Tier 4 visa students to stay in the UK after they graduate?

Which EEA Form?

June 2018 - Employment. Legal Developments by DavidsonMorris.

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For EEA nationals and their family members, making an application to the Home Office isn;t always straight forward. The first step will be to identify the relevant EEA form for the type of application you want to make. 

EU Nationals & UK Permanent Residence: What’s the Current Position?

February 2018 - Employment. Legal Developments by DavidsonMorris.

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Permanent residence status is automatically available to European Economic Area (EEA) nationals who have lived in the UK for five continuous years and who have been exercising Treaty Rights over the whole of this period. The same criteria also apply to family members of EEA nationals.

UK Tier 1 Visa for Foreign Investors & Entrepreneurs

February 2018 - Employment. Legal Developments by DavidsonMorris.

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The UK Tier 1 visa route permits qualifying individuals from outside the EEA to come to the UK to start-up a business or invest in the UK.

Securing International Talent – How Global Recruiters Can Secure Highly-Skilled Non-EEA Employees

January 2018 - Employment. Legal Developments by OTS Solicitors.

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OTS Solicitors is highly recommended in the Legal 500 for immigration and human rights law.  We have also been selected by the 2017 Global Excellence Awards as the Most Trusted in Immigration Law: UK.  We provide the best legal advice to businesses and individuals throughout the UK, South East Asia, Russia and the Middle East.

The UK is the fifth largest economy in the world and operates on a truly international scale.  Many industries are reliant on securing and maintaining international talent to grow their business and meet customer demands.  According to the Office for National Statistics (ONS), the main sectors which hired non-EEA staff in 2016 were:

  • Transport and communication
  • Banking and finance
  • Public administration, education, and health
  • Wholesale and retail trade (including hospitality)

In addition, a majority of non-EEA workers employed by UK companies were in the high or upper-middle group of skill-by-occupation and they earned a high level of gross hourly pay.

International recruiters need to be alive to the issues surrounding recruiting non-EEA workers for companies inside the UK.  One of the best ways to keep up to date is to work with an experienced immigration solicitor.  The British government has been focused on reducing the number of foreign workers entering the UK over the past five years, to the point of introducing policies to deliberately discourage employers from hiring outside the EEA (and this will soon extend to outside Britain once the country formally leaves the EU, if recent trends are anything to go by).  Examples of this include introducing the immigration Skills Charge of £1,000 per non-EEA worker per year and insisting a Tier 2 migrant has a minimum salary of £35,000 before being permitted to apply for Indefinite Leave to Remain after five years in the UK.  This can leave global recruiters feeling like there are simply too many hurdles to overcome to place a non-EEA national into a UK-based position, even if they are the best candidate for the job.  However, by working with an immigration lawyer, you can quickly understand the best practices for ensuring the organisation looking for the candidate is set up to employ the best person, regardless of their nationality.

TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT) AND AGE DISCRIMINATION

August 2012 - Employment. Legal Developments by 11KBW.

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I have been asked to cover the topic of Employment law within my half an hour speaking slot today. I have narrowed my subject down to Transfer of Undertakings and Discrimination, with the focus on providing an update on the recent spate of cases on service provision change and on the important developments in the law of age discrimination. Needless to say, in my presentation I shall not be able to cover the level of detail which is contained in my written paper, which I will leave you to read.

Global litigation risks

July 2012 - Employment. Legal Developments by 11KBW.

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Will employment litgation become another UK import?
Written for The Lawyer, read article by Christopher Jeans QC and Daniel Oudkerk QC

Age Discrimination

July 2012 - Employment. Legal Developments by 11KBW.

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The title of my talk takes the form of a question: “How radical a change are the age discrimination provisions?”

The short answer is, “Very”, or, in the light of the two recent Judgments of the Supreme Court to this area of the law, “Very, very”.

Whistleblowing

July 2012 - Employment. Legal Developments by 11KBW.

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In Parkins v Sodexho Ltd [2002] IRLR 109 the EAT held that an employee can make a protected disclosure about a breach of his own contract of employment. This opened up the possibility that almost any grievance raised by an employee might amount to a protected disclosure.

TUPE ROUND-UP

July 2012 - Employment. Legal Developments by 11KBW.

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After a period of relative quiet, there has been a spate of TUPE cases over the last year. This paper looks at those cases, concentrating particularly on the following topics:

Working Time: Holidays

July 2012 - Employment. Legal Developments by 11KBW.

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Working time is a notoriously complex area, where the interplay between opaque judgments from the CJEU and the complexities of the Working Time Regulations 1998 is capable of causing uncertainty and confusion.

High Court Remedies following Edwards v Chesterfield

July 2012 - Employment. Legal Developments by 11KBW.

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The decision of the Supreme Court in Edwards v Chesterfield Royal Hospital NHS Foundation Trust & Botham v Minister of Defence [2011] UKSC 58 [2012] ICR 201 (“Edwards”) represents the latest word from our highest domestic court as to the availability of damages for losses arising following the termination of employment.

Confidential Information – What’s the Latest?

July 2012 - Employment. Legal Developments by 11KBW.

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Issues of confidence and confidential information are rarely out of the news. Whether the context is the privacy of celebrities, the disclosure of commercial confidences (in exciting arenas such as formula one racing) or attempts by employees to make use of their former employer’s trade secrets, issues of confidence interest the general public. Similarly, issues of confidence are rarely out of the courts.

Employees deciding together to establish a competing business: what are the legal principles

July 2012 - Employment. Legal Developments by 11KBW.

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In many cases where a person wishes to leave an employment and establish a new business, that person may wish to tell colleagues about the plans and to encourage them to join him or her in the new venture. It may be that there is disaffection in the workplace and that there is a general, if unexpressed, desire to move on.

Team Move Update

July 2012 - Employment. Legal Developments by 11KBW.

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What developments have there been now that the dust has settled on the Tullett litigation?

Changing terms and conditions and redundancies in an economic downturn

July 2012 - Employment. Legal Developments by 11KBW.

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The latest figures from the Office for National Statistics paint a gloomy picture of the UK economy: two successive periods of negative economic growth; in economic terms, a recession1.

Restraint of Trade/Recent Authorities

July 2012 - Employment. Legal Developments by 11KBW.

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As usual, the current crop of recent decisions in this area contain a real mix of the orthodox and the heterodox approach to the doctrine of restraint of trade, frequently within the same case.

STRATEGY AND TACTICS IN DEFENDING CITY WHISTLEBLOWING CLAIMS

July 2012 - Employment. Legal Developments by 11KBW.

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This talk addresses the essential elements of a whistleblowing claim in the context of the recent cases and considers strategies and tactics for employers and employees in high value claims:

Springboard Injunctions

June 2012 - Employment. Legal Developments by 11KBW.

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Whilst springboard injunctions are a well-established remedy, the precise circumstances in which they can be obtained, and their scope and duration, can often be unclear. Two recent decisions offer some helpful guidance. These are QBE Management Services Ltd v Dymoke [2012] EWHC 80 (QB) and Clear Edge UK Ltd v Elliot [2011] EWHC 3376 (QB).

TUPE AND COLLECTIVE AGREEMENTS

December 2011 - Employment. Legal Developments by 11KBW.

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Terms and conditions of employment are often found, especially in the public sector, not in the individual contracts of employment themselves, but in collective agreements between the employer and trade unions, collective agreements which are expressly incorporated into the individual contracts. If the employer and the unions agree changes in the collective agreement then the individual contracts will automatically be varied accordingly.

Employment Law Update

November 2011 - Employment. Legal Developments by 11KBW.

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Peter Wallington QC

In my talk, and this paper, I will attempt to highlight some of the most important developments in Employment Law in the last year, with particular reference to those most likely to be of interest to those working in the local government sector, and will also highlight the key proposals for reforms, both procedural and substantive, issued for consultation by the Government earlier this year.

SEN, disabilities and independent schools

November 2011 - Employment. Legal Developments by 11KBW.

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(A) Disability discrimination - incl reasonable adjustments, admissions andexclusions
(B) Statements of SEN - parental preference, costs (H v Kent CC, the Slough case)
(C) Other matters - Academies, the Education Bill, the SEN Green paper

Procedural Control Mechanisms – Strike Out, Deposits, Stays and Costs

November 2011 - Employment. Legal Developments by 11KBW.

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Simon Forshaw

Introduction 1. The Employment Tribunal system is under attack! It is regularly exposed to criticism as being inefficient, costing those who participate in it too much money and amounting to a disproportionate burden on business. Such criticism has been made all the more fiercely of late both because of the economic climate and also because the Government has been reviewing the Employment Tribunal system with the express aim of reducing the burden placed on business by it.

Monetary remedies in the Tribunal (including interim relief); Maximising the value or...

November 2011 - Employment. Legal Developments by 11KBW.

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minimising the pain

Simon Devonshire QC

1. A recession tends to lead to more claims but fewer trials. Employees naturally look for ways to maximise the value of their claims – particularly by reference to causes of action that bust the cap for a ‘vanilla’ unfair dismissal - often (in the case of high value employees) by reference to the whistleblowing legislation.

RESCUE ME….INSOLVENCY ISSUES FOR EMPOYMENT LAWYERS

November 2011 - Employment. Legal Developments by 11KBW.

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Jane McCafferty

policy aim behind the legislation governing insolvency is that of facilitating the so-called ‘rescue culture’ by making insolvent employers more attractive to prospective purchasers. The policy aim behind employment protection legislation is to provide valuable rights for employees. It is unsurprising that, when these two policy aims collide, problems arise. 

Employment Law Update

November 2011 - Employment. Legal Developments by 11KBW.

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by Peter Wallington

In my talk, and this paper, I will attempt to highlight some of the most important developments in Employment Law in the last year, with particular reference to those most likely to be of interest to those working in the local government sector, and will also highlight the key proposals for reforms, both procedural and substantive, issued for consultation by the Government earlier this year.

Equal Pay

November 2011 - Employment. Legal Developments by 11KBW.

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by Andrew Blake

Equal pay continues to be a very hot topic in local government circles and, also, in employment law generally. As a result, in the last 12 months there have been a number of important appellate decisions, many involving local authorities. In addition many of the provisions in the Equality Act 2010 (‘the EA 2010’) came into force in October 2010 (although in most, but not all, respects the EA 2010 simply restates the provisions of the Equal Pay Act – ‘the EPA 1970’). 

Hersey! Is Contract law difference when applied to Employment? Part 1: Terms

November 2011 - Employment. Legal Developments by 11KBW.

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by Patrick Halliday

Employment contracts are distinctive. The most obvious reason for this is statuary intervention.

Garden Leave: Possibilities and Pitfalls

October 2011 - Employment. Legal Developments by 11KBW.

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"Garden Leave" is the practise of modifying an employee's role to protect an employer's legitimate interests, most often where an employee has given notice to leave work for a competition.

Settling Employment Claims: some recent developments

September 2011 - Employment. Legal Developments by 11KBW.

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Peter Wallington Q.C.1

The statutory context 1. The settlement of ordinary commercial disputes is familiar territory for all lawyers, and settlements rarely require any particular formalities beyond sufficient clarity as to the terms of the agreement. This is equally so for purely contractual disputes in the field of employment, but there the comparison stops. 

Ezsias v North Glamorgan NHS Trust: Dismissals for breakdown in trust and confidence

August 2011 - Employment. Legal Developments by 11KBW.

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Julian Milford

In this paper, I discuss the recent decision of the EAT (Keith J) in Ezsias v North Glamorgan NHS Trust UKEAT/0400/09 (18 March 2011)

News of the World: a closure without closure? Will the stigma last?

July 2011 - Employment. Legal Developments by 11KBW.

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The closure of the News of the World leaves its employees facing an uncertain future. It does not take News International’s own Mystic Meg to predict that that future will inevitably involve litigation. But what is the legal landscape and what claims can we expect?

Age Discrimination

June 2011 - Employment. Legal Developments by 11KBW.

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Written by Christopher Jeans QC

Some specific features: all are victims, all are beneficiaries
1. The Equality Act 2010 has brought most1 of the law discrimination under a single
roof...

Equal Pay

June 2011 - Employment. Legal Developments by 11KBW.

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Written by Nigel Porter

a. Material Factor and justification.
b. TUPE and Equal Pay.
c. Proper Comparators and same employment/single source.
d. Other recent cases.
e. The Equality Act 2010: The new provisions and the changes introduced by ss 64-83 of the
Equality Act: secrecy clauses, comparators and reporting and information obligations.
f. Codes of Practice and guidance on Equal Pay.

GARDEN LEAVE & POST TERMINATION RESTRAINTS THEIR INTERACTION AND THE LEGAL PROBLEMS GENERATED

June 2011 - Employment. Legal Developments by 11KBW.

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Written by Alistair McGregor QC

1. The origins of the garden leave injunction are to be found in the judgment of Lord St
Leonards VC in Lumley v Wagner given on 26th May 1852 (see I de GM&G 604 42 ER
687).

Strikes and Industrial Action - Wriiten by Daniel Stilitz QC

May 2011 - Employment. Legal Developments by 11KBW.

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1. The recent upsurge in reported cases on strikes and industrial action may well serve as a barometer of the current economic and political climate.  The level of legal activity in this area over the last year or so has perhaps been greater than at any time since the statutory balloting procedures were first introduced in the 1980s.  Those procedures have become more complex through subsequent amendment, in particular since 1992, thereby guaranteeing a fertile stream of novel points to be determined by the courts in times of industrial strife.

THE BRIBERY ACT 2010 (OR, WHY WE CAN’T GIVE YOU A ROLEX AND OTHER STORIES)

May 2011 - Employment. Legal Developments by 11KBW.

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1. The Bribery Act 2010 (“the Act”) will finally come into force on 1 July 2011.  Its aim is to reform the criminal law of bribery and create a new consolidated scheme of bribery offences to cover bribery both in the UK and, significantly, abroad.  It provides a modern criminal counterpart to the sanctions long-established in relation to bribery in civil law.

Equal Pay

September 2010 - Employment. Legal Developments by 11KBW.

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The bleak outlook for local authorities continues. There have been a number of recent judgments which have made life harder still for local authorities which are trying to defend themselves against multiple equal pay claims, brought by claimants supported by unions, or by no win, no fee solicitors, or by a combination of both.

Equality Act 2010

September 2010 - Employment. Legal Developments by 11KBW.

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The Equality Bill was published on 27 April 2009 and became an Act of Parliament just before the last general election on 8 April 2010. The Explanatory Notes state that the Act has two main purposes: to harmonise discrimination law, and to strengthen the law to support progress on equality.

Employment Law Update

September 2010 - Employment. Legal Developments by 11KBW.

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This paper considers recent developments in the case law which are likely to affect local authority employers. Legislative changes effected by the Equality Act are considered in Holly Stout’s paper, delivered in the next session.

Strike Action

September 2010 - Employment. Legal Developments by 11KBW.

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In the last twelve months there have been a number of important decisions in relation to Part V of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA).

Equal Pay

September 2010 - Employment. Legal Developments by 11KBW.

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This talk aims to give a brief overview of issues arising on equal pay claims. At the same time it attempts to point out areas either of particular current interest or controversy, or where equal pay litigators need to be aware of specific substantive or procedural issues.

Age Discrimination

September 2010 - Employment. Legal Developments by 11KBW.

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At the most general level the structure of the Employment Equality (Age) Regulations 2006 ("the Regulations") appears to be similar to that adopted in the other anti-discrimination legislation.

Team Moves

September 2010 - Employment. Legal Developments by 11KBW.

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This talk considers the implications of the recent decision of the High Court in Tullett Prebon v BGC.1 It considers the legal remedies available to the gamekeeper, the pitfalls faced by the poacher, and the legal and strategic lessons to be drawn from the case.

400,000,000 Facebook fans can’t be wrong

July 2010 - Employment. Legal Developments by Mishcon de Reya.

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The way we use the internet haschanged. It is no longer merely a digital reference library. As the internet has grown and the amount of information available has expanded, people have developed a new way of accessing this information in a way that is relevant to them. The ‘new’ internet, or ‘Web 2.0’, is a network of relationships where users interact and share knowledge with each other. Virtual friends become the custodians of knowledge, recommending products and services through their blogs and on other social media sites. By seeing what your like-minded friends find interesting, you are better able to decide what information you wish to ‘consume’.

Secrets and lies:the without prejudice principle

July 2010 - Employment. Legal Developments by Mishcon de Reya.

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In many legal disputes, particularly in the employment sphere, extensive use is made of without prejudice (WP) discussions. Discussions are WP if they are made in the course of a dispute between parties and represent an attempt to settle that dispute. While it is common for parties to make it expressly clear when discussions are WP and to record that fact in any documentation, it is good practice, not a legal requirement.

Whistleblowing in practice: ten years on

June 2010 - Employment. Legal Developments by Mishcon de Reya.

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Following incidents such as the Clapham rail crash, the Zeebrugge ferry disaster and the scandals at the Bank of Credit and Commerce International (BCCI) and Baring Asset Management, it became clear that staff had been aware of the risks but had been too worried about what might happen to them to raise their concerns.


Public Interest Disclosure Act (PIDA) 1998


PIDA 1998 came into force on 2 July 1999, with the aim of targeting the above issues and of protecting individuals who make certain disclosures of information in the public interest (ie individuals who ‘blow the whistle’). PIDA 1998 inserted new ss43A-43L and s103A into the Employment Rights Act (ERA) 1996. These sections offer ostensible protection (from detriment and/or dismissal) for workers who report malpractices by their employers (or third parties).


Team moves and poaching raids

May 2010 - Employment. Legal Developments by Mishcon de Reya.

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Tullett Prebon Plc & Ors v BGC Brokers LP & ors [2010], where BGC were held to have unlawfully poached several teams of Tullett brokers, is a recent example of the fine line between team moves that are legally permissible and those that are unlawful. Tullett also illustrates the significant disruption and costs caused by poaching raids on staff.

The volatile business of inter-dealer broking may not be representative of most employers, but with an increased fluidity in the employment market as the economy emerges from recession, more employers are becoming wise to the increased risk, or opportunity, of team moves, particularly in sectors where teams rather than individuals are responsible for securing business.

How, then, should a business go about acquiring a team without incurring liability? Conversely, what should a business do to protect itself against losing its most valuable assets?

Disability discrimination update

May 2010 - Employment. Legal Developments by Mishcon de Reya.

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There have been several significant developments in case law concerning disability discrimination over recent months, but what impact will these changes have on employers? We examine below some of the key developments and their practical effect.

What’s new this April?

May 2010 - Employment. Legal Developments by Mishcon de Reya.

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With the passing of each year, new employment-related legislation comes into force and, of course, 2010 is no exception. In April a range of new measures – some of which have long been on the horizon – will become law. An overview of the new measures and their potential impact is set out below.

Tribunals to forward whistleblowers’ allegations directly to regulators

March 2010 - Employment. Legal Developments by Mishcon de Reya.

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In a move that is likely to cause concern for many employers, Employment Tribunals will soon be given the power to pass on details of whistleblowing claims directly to regulators. The new Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2010 (the Regulations) are a response to concerns that some genuine allegations of malpractice were not being notified to, or investigated by, regulators. The government hopes that the new measures will facilitate the investigation of more instances of unlawful behaviour. The measures will be implemented for all whistleblowing claims submitted on or after 6 April 2010.

Religion and belief discrimination

February 2010 - Employment. Legal Developments by Mishcon de Reya.

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Religion and controversy are never far apart. In the world of employment law the headlines are all too familiar: the Muslim hairdresser who was refused a job because of her headscarf, the British Airways employee who was banned from wearing a cross and the Relate counsellor who was dismissed for refusing to counsel gay couples. These cases have highlighted the difficulties faced by employers in upholding the principle of equal treatment, especially where the interests of one or more protected groups collide. This article looks at several recent cases that have begun to test the limits of religion and belief discrimination. It examines the extent to which non-religious beliefs may be protected and the conflict between personal beliefs and employment obligations.

Secrets and lies: confidential informationSecrets and lies: confidential information

January 2010 - Employment. Legal Developments by Mishcon de Reya.

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Despite extensive litigation in the area, it is still common practice for employees moving between companies (particularly competing firms) to bring with them confidential information belonging to their former employer. All employees have a duty of confidentiality imposed by common law and these duties are often expanded or clarified in their employment contract or company handbook. Such contractual provisions can be useful if they are properly used to specify areas that are genuinely confidential. However, these contracts can fall into the trap of attempting to define too much information as ‘confidential’ and the courts are likely to view excessively inclusive clauses with scepticism. This article discusses the issues for new and former employers when an employee leaks confidential information.

Another day,another complaint

January 2010 - Employment. Legal Developments by Mishcon de Reya.

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What happens when you have an employee who is determined to make a nuisance of themselves, regardless of the validity of their claims? This article gives some helpful hints and tips on dealing with common tactics used by employees to put pressure on employers.

Guidance on trigger points for collective redundancy consultation

November 2009 - Employment. Legal Developments by Mishcon de Reya.

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In another case, akavan Erityisalojen Keskusliitto AEK & ors v Fujitsu Siemens Computers Oy [2009], the European Court of Justice (ECJ) has given guidance on the meaning of ‘contemplating’ redundancies for the purposes of collective consultation.


Workers can reclaim holiday lost to sickness

November 2009 - Employment. Legal Developments by Mishcon de Reya.

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The European Court of Justice (ECJ) recently decided in the case of Vincente Pereda v Movilidad SA [2009] that a worker who falls ill on holiday can choose to take the holiday lost to sickness at a later date.

Retirement at 65 has had its Heyday

November 2009 - Employment. Legal Developments by Mishcon de Reya.

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As has been widely reported, the High Court in R (on the Application of Age UK) v Secretary of State for Business, Innovation and Skills [2009] has found that the default retirement age (DRA) of 65 is justified and can remain for the time being, although the judge gave a strong indication that it will have to be raised after next year’s government review.

Money talks: a new era of transparency beckons in pay and remuneration

October 2009 - Employment. Legal Developments by Mishcon de Reya.

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The issue of pay has dominated the headlines over the summer, largely in relation to the remuneration of City employees. While restrictions on bankers’ bonuses and the obligation to provide greater transparency of pay arrangements to regulators is an immediate concern for large financial organisations, the issue of transparency in pay arrangements will soon become a concern for all large private employers if the proposals in the Equality Bill (the Bill) come into law.

Avoiding the cost of redundancies

October 2009 - Employment. Legal Developments by Mishcon de Reya.

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WITH BUSINESSES UNDER THE MOST pressure they have been under since the late 1980s, the challenge of controlling costs has become the number one ‘bottom line’ issue for owners, directors and managers alike. The first place to look is often the biggest cost – people. But hastily made decisions about redundancies can have long-lasting and detrimental effects. Smart thinking around what is best for the business is the order of the day. Joanna Blackburn and Helen Croft of Mishcon de Reya’s employment group examine the alternatives to making employees redundant.