india news UK Discrimination Law Review: Legislation tracker By www.eversheds.com Published On :: 2014-10-03 When What Full Article
india news UK Discrimination Law Review: Equal Pay Audits: new Tribunal powers By www.eversheds.com Published On :: 2014-10-03 We have been through a very significant period of change for Employment Tribunals over the past two years: with the introduction of fees, pre-claim conciliation and new Tribunal Rules, all of which are likely to reduce the number of Tribunal claims ... Full Article
india news UK Discrimination Law Review: Code of practice for employers: Avoiding unlawful discrimination while preventing illegal working By www.eversheds.com Published On :: 2014-10-03 Employers have a duty to carry out document checks on individuals before employing them. The aim of the checks is to ensure that individuals have the legal right to work in the UK. Correctly carrying out document checks gives employers a... Full Article
india news UK Discrimination Law Review: Age discrimination and retirement: Seldon the final chapter By www.eversheds.com Published On :: 2014-10-03 In the latest, and what we can now assume is the last, chapter in the long running Seldon case concerning compulsory retirement, the Employment Appeal Tribunal (EAT) has upheld the Tribunal’s decision that compulsory retirement, in this case i... Full Article
india news UK Discrimination Law Review: Age Discrimination pay and pay protection By www.eversheds.com Published On :: 2014-10-03 The Court of Justice of the EU (CJEU) has recently given another decision on the subject of age discrimination and justification. Whilst many of the previous judgments have focused on issues around retirement age, unusually the Specht case dea... Full Article
india news UK Discrimination Law Review: Shared parental leave: an update By www.eversheds.com Published On :: 2014-10-03 On 1 December 2014 we are expecting legislation to come into force that will give effect to the new shared parental leave regime. The new regime will apply to employees in England, Scotland and Wales whose babies are due, or who will adopt a child, ... Full Article
india news Uk Discrimination Law Review: Redundancy and reasonable adjustments By www.eversheds.com Published On :: 2014-10-03 The Employment Appeals Tribunal (“EAT”) has recently given an interesting ruling on redundancy selection which could open the door to more claims from disabled employees. Background <... Full Article
india news Discrimination based on obesity following Kaltoft By www.eversheds.com Published On :: 2014-10-22 Advocate General (AG) Jääskinen has concluded that there is no general principle of EU law prohibiting discrimination in the labour market, and that includes discrimination on grounds of obesity as a self-standing ground of unlawful discri... Full Article
india news New SAFE regulations expected to aid offshore bond financings By www.eversheds.com Published On :: 2015-01-27 On 1 June 2014, China’s State Administration of Foreign Exchange (the SAFE)’s Provisions on the Administration of Foreign Exchange for Cross-Border Security (??????????) and the Administration of Foreign Exchange for Cross-Border Securit... Full Article
india news UK Discrimination Law Review: Legislation tracker By www.eversheds.com Published On :: 2015-02-03 When... Full Article
india news UK Discrimination Law Review: Cases to watch By www.eversheds.com Published On :: 2015-02-03 ? ? ? ? ? ? ? Full Article
india news UK Discrimination Law Review: Tax on discrimination compensation By www.eversheds.com Published On :: 2015-02-03 In a recent case the First-tier Tribunal (Tax) confirmed that a compensation payment that was made to an employee on the termination of their employment was taxable, notwithstanding that the payment related to discrimination and injury to feelings. ... Full Article
india news UK Discrimination Law Review: Mental illness, culpability and gross misconduct By www.eversheds.com Published On :: 2015-02-03 Mental illness, culpability and gross misconduct A recent appeal case illustrates the difficulties that can arise when dealing with instances of apparent misconduct where a mental impairment could have affected an employees ability to control ... Full Article
india news UK Discrimination Law Review: Wheelchair users and public transport By www.eversheds.com Published On :: 2015-02-03 The Court of Appeal has dismissed a claim of disability discrimination brought by a wheelchair user who was unable to travel on a bus because the designated wheelchair space was already occupied by a passenger with a child in a buggy. The Court of A... Full Article
india news UK Discrimination Law Review: Disability, diet and diabetes By www.eversheds.com Published On :: 2015-06-02 A recent ruling from the Employment Appeal Tribunal (EAT) suggests that it will be difficult for an individual with type 2 diabetes (or some other impairment) to show that the condition, in itself, constitutes a disability if he or she can eliminate... Full Article
india news UK Discrimination Law Review: Mandatory gender pay reporting By www.eversheds.com Published On :: 2015-06-02 By March 2016 new regulations will be in place that will require larger employers in the private and third sector to publish details of their gender pay gap ie the difference in pay between male and female employees. The new rules, which will come a... Full Article
india news UK Discrimination Law Review: Trivial pursuit: minor upsets and non-harassment By www.eversheds.com Published On :: 2015-06-02 A recent decision of the Employment Appeal Tribunal has stressed that trivial acts, even if related to a protected characteristic, will not constitute unlawful harassment. The case of Henderson v GMB is a useful reminder that the Equality Act is not... Full Article
india news UK Discrimination Law Review: Disability discrimination and bonus schemes By www.eversheds.com Published On :: 2015-06-02 Bonus schemes operated by employers will often make eligibility dependant on matters such as attendance. A recent case illustrates how such schemes can fall foul of disability discrimination law. Background The Land Registry operated a discretionary... Full Article
india news UK Discrimination Law Review: Changing terms of employment: indirect age discrimination By www.eversheds.com Published On :: 2015-06-02 Imposing changes to terms and conditions of employment is rarely a straightforward exercise. As well as dealing with issues such as collective and individual consultation, the risk of unfair dismissal and breach of contract claims, and (in som... Full Article
india news UK Discrimination Law Review: Equality law forecast By www.eversheds.com Published On :: 2015-06-02 Full Article
india news UK Discrimination Law Review: Indirect discrimination - analysing the nature of and reason for disadvantage By www.eversheds.com Published On :: 2015-12-10 A recent judgment of the Court of Appeal suggests that in some indirect discrimination cases there should be a greater focus on the nature of and reason for the claimed disadvantage than has previously been the case. The ruling may make it harder fo... Full Article
india news UK Discrimination Law Review: English (or Welsh) fluency in the public sector By www.eversheds.com Published On :: 2015-12-10 In August the Government announced plans for new laws to ensure all public sector workers in public-facing roles speak fluent English (or, in Welsh authorities, English or Welsh). Further details of the proposals have now been revealed in the Immigr... Full Article
india news UK Discrimination Law Review: Equality law forecast By www.eversheds.com Published On :: 2015-12-10 Full Article
india news UK Discrimination Law Review: Discrimination by association - latest developments By www.eversheds.com Published On :: 2015-12-10 For some time now it has been recognised that direct discrimination occurs not only if someone is treated less favourably because of their own protected characteristics, but also if they are treated less favourably because of somebody else’s p... Full Article
india news UK Pensions Speedbrief: Age discrimination challenge to judicial pension scheme succeeds By www.eversheds.com Published On :: 2017-01-20 UK Pensions Speedbrief: Age discrimination challenge to judicial pension scheme succeedsThe Employment Tribunal has handed down its Full Article
india news UK Pensions Speedbrief: Public sector age discrimination appeals - latest By www.eversheds.com Published On :: 2018-02-02 The Employment Appeal Tribunal (EAT) has ruled that the transitional arrangements in the New Judges Pension Scheme (NJPS) constitute unlawful age discrimination. In a related case, the EAT has also held that the Employment Tribunal (ET) f... Full Article
india news TMT legal update: Where to bring proceedings for online copyright infringement? By www.eversheds.com Published On :: 2014-03-20 Précis On the 4th July 2013 Eversheds reported on the Opinion of Advocate General Niilo Jääskinen (the “AG”) in the Case C-170/12 Pinckney. (Click here to view this article). Following ... Full Article
india news TMT legal update: Svensson - hyperlinks and communication to a new public By www.eversheds.com Published On :: 2014-03-20 Précis An owner of a website may redirect users, via clickable links, to copyright protected works, without requiring the permission of the copyright holders if those works have been made available on a freely accessible basis on another web... Full Article
india news TMT legal update: When the hackers strike, who pays the bill? By www.eversheds.com Published On :: 2014-07-09 Précis: Threats to internet security are constantly in the news, but organisations of all sizes will know that there is a real cost to be borne when systems are hacked. However, who should bear the cost? In the recent case of Frontier S... Full Article
india news Software development: protecting source code By www.eversheds.com Published On :: 2015-05-27 The recent decision in FilmFlex Movies Limited v Piksel Limited [2015] EWHC 426 (Ch) highlights the risks of losing control of IPR in joint software development agreements. Companies entering into such agreements should be clear about the natu... Full Article
india news Towards a new incentive for innovation The Innovation box By www.eversheds.com Published On :: 2017-02-01 Background Innovation is key in our actual economic climate. However, innovation needs economic stimulation. One of the typical measures implemented by national legislators are tax incentives, such as the so-called ‘Patent box’, ‘I... Full Article
india news Local government pensions speedbrief - cost-sharing consultation By www.eversheds.com Published On :: 2009-02-25 Cost–sharing for the Local Government Pension Scheme (LGPS) is a subject close to the minds and pockets of all LGPS funds, employers and members. Consultation by the Department for Communities and Local Government (DCLG) on cost–sharing ... Full Article
india news LG pensions speedbrief: latest LGPS news By www.eversheds.com Published On :: 2009-04-15 Hot off the press is a Court of Appeal decision dated 7 April 2009 (South Tyneside MBC v The Lord Chancellor and Secretary of State for Justice and Another) which held that former employing authorities are not liable to make good their funding defic... Full Article
india news Redundancy and Age Discrimination - the Tower Hamlets case By www.eversheds.com Published On :: 2009-10-23 A recent Employment Appeal Tribunal decision (The Mayor and Burgess of the London Borough of Tower Hamlets v Mr J Wooster) has found a local authority liable for unfair dismissal and age discrimination where it made insufficient effort to redeploy a... Full Article
india news Discretions, Recessions and Transgressions - A Legal Update By www.eversheds.com Published On :: 2009-12-03 Pension Managers Conference, Torquay, 24-25 November 2009 Further to several requests for details of the cases referred to in Gary Delderfield’s talk at the Conference, this special LGPS Speedbrief contains links to all the cases mentioned in ... Full Article
india news Pensions Ombudsman is subject to rules of law, including time limits, when deciding legal disputes By www.eversheds.com Published On :: 2009-12-14 In ArjoWiggins Ltd v Ralph (in which Eversheds LLP acted for the successful appellant) the High Court has considered the extent to which the time periods within which complaints may be brought are applicable to the Pensions Ombudsman. This is a help... Full Article
india news UK Government scraps local government Two Tier Code By www.eversheds.com Published On :: 2011-03-22 The Government has announced that it will be scrapping local government’s ‘Two Tier Code’. In a speech to the CBI last night, Eric Pickles, Secretary of State for Communities and Local Government announced that the Code would be wi... Full Article
india news Public sector pensions reform: the latest developments By www.eversheds.com Published On :: 2012-01-11 At the end of last year, we reported that the Government announced that headline agreements had been reached with the main trade unions in relation to the Local Government Pension Scheme (LGPS), the NHS Pension Scheme (NHSPS), the... Full Article
india news Eversheds' public sector pensions speedbrief - The Welsh Authorities Staff Transfers (Pensions) Direction 2012 By www.eversheds.com Published On :: 2012-03-16 The Welsh Ministers have recently issued The Welsh Authorities Staff Transfers (Pensions) Direction 2012, under powers contained in Section 101 of the Local Government Act 2003 (the “2012 Direction”). The 2012 Direction came into f... Full Article
india news UK Pensions speedbrief: Pensions data loss leads to £250,000 fine By www.eversheds.com Published On :: 2012-09-25 ? Pension data loss leads to £250,000 fine Lax arrangements with a supplier being used to digitise pension scheme records for a Local Government Pension Scheme (LGPS) administering authority lea... Full Article
india news UK Public Sector Pensions speedbrief: Fair Deal: the latest developments By www.eversheds.com Published On :: 2012-12-06 ? Fair Deal: the latest developments On 19 November 2012 HM Treasury published its response to the March 2011 consultation on the future of the Fair Deal for Staff Pensions guidance. The Fair D... Full Article
india news UK Pensions Speedbrief Public Sector First detail published on employer cost cap and actuarial valuations By www.eversheds.com Published On :: 2012-12-10 ? ? ? ?First detail published on employer cost cap and actuarial valuati... Full Article
india news UK Public Sector Pensions Speedbrief: Pensions Ombudsman rules on academy conversion By www.eversheds.com Published On :: 2015-07-14 SummaryThe Deputy Pensions Ombudsman has rejected a complaint by an academy against the administering authority of its Local Government Pension Scheme (LGPS) fund about the funding methodology used to allocate assets to the Academy when it was initi... Full Article
india news Public sector pensions: technical changes to LGPS regulations By www.eversheds.com Published On :: 2018-10-10 The Ministry of Housing, Communities and Local Government (MHCLG) has recently launched a consultation on what it has described as “technical” changes to regulations governing the ... Full Article
india news Eversheds Comment: PF2: On the pulse By www.eversheds.com Published On :: 2013-08-14 The UKs PF2 model has had a tough upbringing; launched in the wake of a constricted pipeline of PFI projects, the Government knew it faced a tough task trying to appeal to diverse funding sources whilst increasing transparency and public value. T... Full Article
india news New Model Services Contract By www.eversheds.com Published On :: 2014-04-03 Supplier Speed Brief New Model Contract Precedent for Government ICT and Business Process Outsourcing Contracts Background The Crown Commercial Service and the Government Legal Service have developed what they term “a substantially revised set... Full Article
india news Summer Budget 2015 By www.eversheds.com Published On :: 2015-07-08 Reaction to the Chancellor's Summer Budget 2015 A radical budget with big surprises, as well as much of that was expected. A good budget for UK plc, with corporation tax rates to be reduced to 18% by 2020, the rates of VAT, incom... Full Article
india news The FCA fines Brenntag for obstructing an antitrust investigation By www.eversheds.com Published On :: 2018-02-13 On 21 December 2017, the French Competition Authority (the “FCA”) published a decision imposing a fine of 30 million euros on Brenntag SA and Brenntag AG (together “Brenntag”) for obstructing longstanding investigations (the ... Full Article
india news Licence to occupy during administration upheld By www.eversheds.com Published On :: 2008-12-05 The court in Innovate Logistics Ltd (in administration) v Sunberry Properties Ltd had to balance a landlord's wish to eject an unauthorised occupier against administrators' rights to deal with the company's assets during the administration. The ten... Full Article
india news Pre-Budget Report By www.eversheds.com Published On :: 2008-12-05 The Chancellor set out a number of measures of interest to the property sector in his Pre-Budget Report on 24 November 2008. The key ones are: a reduction in the rate of VAT from 17.5 per cent to 15 per cent for the period 1 December 2008 to 31 D... Full Article