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UK Discrimination Law Review: Legislation tracker

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UK Discrimination Law Review: Equal Pay Audits: new Tribunal powers

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 ...




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UK Discrimination Law Review: Code of practice for employers: Avoiding unlawful discrimination while preventing illegal working

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...




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UK Discrimination Law Review: Age discrimination and retirement: Seldon – the final chapter

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...




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UK Discrimination Law Review: Age Discrimination – pay and pay protection

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...




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UK Discrimination Law Review: Shared parental leave: an update

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, ...




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Uk Discrimination Law Review: Redundancy and reasonable adjustments

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 <...




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Discrimination based on obesity following Kaltoft

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...




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New SAFE regulations expected to aid offshore bond financings

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...




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UK Discrimination Law Review: Legislation tracker

When...




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UK Discrimination Law Review: Cases to watch

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UK Discrimination Law Review: Tax on discrimination compensation

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. ...




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UK Discrimination Law Review: Mental illness, culpability and gross misconduct

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 employee’s ability to control ...




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UK Discrimination Law Review: Wheelchair users and public transport

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...




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UK Discrimination Law Review: Disability, diet and diabetes

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...




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UK Discrimination Law Review: Mandatory gender pay reporting

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...




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UK Discrimination Law Review: Trivial pursuit: minor upsets and non-harassment

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...




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UK Discrimination Law Review: Disability discrimination and bonus schemes

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...




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UK Discrimination Law Review: Changing terms of employment: indirect age discrimination

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...




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UK Discrimination Law Review: Equality law forecast

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UK Discrimination Law Review: Indirect discrimination - analysing the nature of and reason for disadvantage

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...




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UK Discrimination Law Review: English (or Welsh) fluency in the public sector

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...




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UK Discrimination Law Review: Equality law forecast




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UK Discrimination Law Review: Discrimination by association - latest developments

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...




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UK Pensions Speedbrief: Age discrimination challenge to judicial pension scheme succeeds

UK Pensions Speedbrief: Age discrimination challenge to judicial pension scheme succeedsThe Employment Tribunal has handed down its



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UK Pensions Speedbrief: Public sector age discrimination appeals - latest

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...




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TMT legal update: Where to bring proceedings for online copyright infringement?

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 ...




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TMT legal update: Svensson - hyperlinks and communication to a “new public”

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...




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TMT legal update: When the hackers strike, who pays the bill?

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...




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Software development: protecting source code

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...




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Towards a new incentive for innovation – The Innovation box

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...




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Local government pensions speedbrief - cost-sharing consultation

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 ...




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LG pensions speedbrief: latest LGPS news

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...




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Redundancy and Age Discrimination - the Tower Hamlets case

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...




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“Discretions, Recessions and Transgressions - A Legal Update”

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 ...




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Pensions Ombudsman is subject to rules of law, including time limits, when deciding legal disputes

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...




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UK Government scraps local government Two Tier Code

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...




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Public sector pensions reform: the latest developments

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...




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Eversheds' public sector pensions speedbrief - The Welsh Authorities Staff Transfers (Pensions) Direction 2012

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...




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UK Pensions speedbrief: Pensions data loss leads to £250,000 fine

? 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...




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UK Public Sector Pensions speedbrief: Fair Deal: the latest developments

? 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...




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UK Pensions Speedbrief Public Sector First detail published on employer cost cap and actuarial valuations

? ? ? ?First detail published on employer cost cap and actuarial valuati...




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UK Public Sector Pensions Speedbrief: Pensions Ombudsman rules on academy conversion

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...




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Public sector pensions: “technical” changes to LGPS regulations

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 ...




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Eversheds Comment: PF2: On the pulse

The UK’s 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...




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New Model Services Contract

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...




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Summer Budget 2015

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...




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The FCA fines Brenntag for obstructing an antitrust investigation

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 ...




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Licence to occupy during administration upheld

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...




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Pre-Budget Report

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...