india news HR e-brief 438 - Employees to get longer parental leave rights By www.eversheds.com Published On :: 2009-12-03 At a meeting this week the European Council agreed to extend the existing right for parents to take leave from work from three to four months per parent, per child. The European Council's decision comes as no surprise as t... Full Article
india news HR e-briefing 443 - some clarification from the EAT on holidays By www.eversheds.com Published On :: 2010-01-18 Today, the EAT has handed down its decision in the case of Lyons v Mitie Security Limited, which involved a claim for holiday pay from an employee whose request to take annual leave did not comply with notice requireme... Full Article
india news HR briefing 449 - fit notes to replace sick notes in April 2010 By www.eversheds.com Published On :: 2010-02-01 The Department for Work and Pensions has confirmed that GP sick notes are to be replaced by 'fit notes' with effect from 6 April 2010. The Government consulted on the design and content of the new medical certificate last ... Full Article
india news HR e-briefing 454: EU prompts complete rethink of Working Time Directive By www.eversheds.com Published On :: 2010-03-24 The EU Commission has today taken the first step towards a comprehensive review of the Working Time Directive (WTD). This is despite last year's failure to agree changes to the treatment of on-call time or amendments to the 48 hou... Full Article
india news Eversheds' HR e-briefing 478 - European case set to boost paternity rights By www.eversheds.com Published On :: 2010-10-01 A new ruling from the Court of Justice of the European Union (CJEU) suggests fathers who take advantage of new rights to extended paternity leave from April next year could be entitled to the same rights and benefits from their employer as women who... Full Article
india news HR e-briefing 482 - Scottish appeal court ruling on annual leave By www.eversheds.com Published On :: 2010-10-21 The Scottish Court of Session has ruled that employers are permitted to schedule leave under the Working Time Regulations (WTR) and Working Time Directive (WTD) so that it falls at a time an employee would not otherwise be working... Full Article
india news HR e-briefing 484 - Data protection: ICO flexes muscles with first use of new fines power By www.eversheds.com Published On :: 2010-11-25 The ICO has announced its first use of its recent power to issue fines or monetary penalties for serious breaches of the data protection legislation. The power became effective in April 2010 (see Full Article
india news HR e-briefing - 497 Red tape cuts By www.eversheds.com Published On :: 2011-03-18 The Department for Business, Innovation and Skills (BIS) has revealed that the right to request flexible work arrangements will not be extended to parents of 17 year olds in April as previously announced. Contrary to some reports, the existing law p... Full Article
india news Eversheds' HR e-briefing 503: July 2011 Implementation of the Bribery Act confirmed By www.eversheds.com Published On :: 2011-04-05 After many months of speculation and delay, the Ministry of Justice published Government Guidance in respect of the Bribery Act 2010 last week, paving the way for the Act coming in to force on 1 July. Although, as the name suggests, the Act is aime... Full Article
india news Eversheds' HR e-briefing 507: Flexible parental leave, working time, equal pay and flexible working - more changes afoot By www.eversheds.com Published On :: 2011-05-16 Today, a consultation has been launched on government plans to: Full Article
india news Eversheds' HR e-briefing 511: Bribery Act in force By www.eversheds.com Published On :: 2011-06-27 The Bribery Act 2010 will come in to force this Friday, 1 July 2011. Much has been written about its likely implications. At the start of the debate, it would even be fair to say there was a degree... Full Article
india news HR e-briefing 520: Changing terms and conditions; a question of balance By www.eversheds.com Published On :: 2011-09-26 In difficult economic times employers will inevitably look to reduce the costs of employment. However, achieving this in practice can be fraught with legal, practical and also emotive issues. In some circumstances contractual change may be achieved ... Full Article
india news HR e-briefing 525: Holidays and sickness latest ruling By www.eversheds.com Published On :: 2011-11-07 The Employment Appeal Tribunal (EAT) has confirmed that workers are only entitled to holiday pay under regulation 16 of the Working Time Regulations 1998 (WTR) when they actually exercise their right to take the leave in question. The EAT made... Full Article
india news HR e-briefing 526: CJEU rules on right to carry over holiday accrued whilst on long term sick By www.eversheds.com Published On :: 2011-11-22 Today, the Court of Justice of the European Union (CJEU) has handed down its decision in the case of KHS AG v Winfried Schulte, an important case about whether a worker on long term sick leave has the right to carry forward annual leave accrue... Full Article
india news Retail Legal Update: EU appears open-minded about pay between assignment contracts By www.eversheds.com Published On :: 2013-10-30 Having inherited the Agency Workers Regulations 2010 on taking office, the UK Government had pledged to review them. That process is now underway but it seems the EU may pip the Government to the post, having conducted its own review of the parent D... Full Article
india news TMT legal update: EU appears open-minded about pay between assignment contracts By www.eversheds.com Published On :: 2013-11-05 Precis Having inherited the Agency Workers Regulations 2010 on taking office, the UK Government had pledged to review them. That process is now underway but it seems the EU may pip the Government to the post, having conducted its own review of the ... Full Article
india news Immigration Update - Changes to UK Visa Applications from the USA By www.eversheds.com Published On :: 2014-03-31 From Wednesday 26 March 2014 WorldBridge will no longer be providing visa services for applicants applying for a UK visa from the US. The visa processing service, which until how has been provided by WorldBridge, will be provided by VFS Global from ... Full Article
india news Brexit - How this will impact on UK employment law By www.eversheds.com Published On :: 2016-06-24 In light of the significant influence... Full Article
india news Germany: Transformational New Rules on Hiring Temporary Workers By www.eversheds.com Published On :: 2016-10-18 In Germany, the provision of temporary personnel is strictly regulated by the German Temporary Employment Act (“AÜG”). The principle is straightforward: the agency is the employer and supplies the temporary employees to the hirer. A... Full Article
india news Evaluating a franchise By www.eversheds.com Published On :: 2005-03-02 For one who is contemplating becoming a self employed business person for the first time, there is more to consider than 'the franchise'. The franchise is merely a method of establishing a business. Of course one has to consider many ... Full Article
india news Franchising Focus - Issue 17 By www.eversheds.com Published On :: 2005-05-16 Editorial Last year we devoted an issue of Franchising Focus to the international market place in view of the increasing interest in cross border franchising and in global growth by so many systems. There have been a number of changes in the la... Full Article
india news Franchising Focus - Issue 18 By www.eversheds.com Published On :: 2005-08-18 Moldova We are providing more detail on Moldova as the provisions in many respects are quite unusual to an extent which makes one wonder how much the draftsman understood franchising. Moldova's approach has been to provide a Chapter i... Full Article
india news E-briefing - New China franchise regulations: replacement of approvals by registration? By www.eversheds.com Published On :: 2007-03-06 Introduction The long-awaited regulations on the Administration of Commercial Franchise Operations (the 'New Regulations') were promulgated by the State Council of the PRC on 6 February 2007, and will take effect on 1 May 2007. They apply equally t... Full Article
india news E-briefing - China in Focus By www.eversheds.com Published On :: 2007-11-09 New filing and information disclosure rules relating to franchising regimes in China came into effect on 1 May 2007. Following the implementation of these rules a clearer franchise regime has come into shape in China. The Filing Rules The Fi... Full Article
india news Franchising focus By www.eversheds.com Published On :: 2008-07-28 Franchising is expanding Our franchising team is currently working on a number of exciting new instructions. Most of these have an international flavour and it is clear that franchising is now the major way to build brands in other countries. Our ... Full Article
india news Tough new fines for breach of data protection law By www.eversheds.com Published On :: 2008-08-07 The Criminal Justice and Immigration Act, which received royal assent on 8 May 2008, introduces a new section into the Act allowing the IC to impose a fine where there has been a serious breach of the eight data protection 'principles' set out in th... Full Article
india news Intellectual property ownership a timely reminder By www.eversheds.com Published On :: 2008-08-07 In the UK, the first owner of a copyright work is the author, unless the work is created by an employee in the course of their employment. In that case, the copyright will belong to the employer unless the parties have agreed otherwise (eg between u... Full Article
india news Restrictive covenants in franchise agreements By www.eversheds.com Published On :: 2009-11-17 The courts continue to be asked by franchisees to limit the scope of their post termination restrictive covenants. It is becoming key for franchisors to show that the duration of their restrictions reflect the time that it would... Full Article
india news Exclusion clauses update: Lobster Group Ltd v Heidelberg By www.eversheds.com Published On :: 2009-11-17 Franchise systems typically include clauses that limit or exclude liability as a means of managing risk between the franchisor and franchisee and between the franchise business and its customers. Clauses that exclude or limit liability are a regular ... Full Article
india news Fines for serious data breaches By www.eversheds.com Published On :: 2009-11-17 We have notified you in an earlier e-briefing of additional powers being granted to the Information Commissioner's Office (ICO) to take enforcement action against breaches of the Data Protection Act (DPA). A new power to is... Full Article
india news Focus on South Africa By www.eversheds.com Published On :: 2009-11-17 Franchising is an often underestimated sector of the South African economy. With millions of South Africans seeking employment, small business is positioned... Full Article
india news Adword advertising: first step towards European Court of Justice decision By www.eversheds.com Published On :: 2009-11-17 The Advocate-General (AG) to the European Court of Justice (ECJ) has issued his opinion in response to several claims in France against internet giant Google, relating to the operation of its search-related advertising service Adwords. Google's Adw... Full Article
india news Carbon Reduction Commitment are you ready? By www.eversheds.com Published On :: 2009-11-17 As the countdown towards the scheduled introduction of the Carbon Reduction Commitment (CRC) in April 2010 continues, the Environment Agency is due to issue its CRC qualification packs to any business that has at least one half-hourly electricity me... Full Article
india news Companies Act changes By www.eversheds.com Published On :: 2009-11-17 Nearly all the remaining provisions of the Companies Act 2006 came into force on 1 October. How does this affect you? Any reference to the Companies Act 1985 in your documentation will need to be up... Full Article
india news European Commission consults on future Vertical Agreements Block Exemption Regulation By www.eversheds.com Published On :: 2009-11-17 The block exemption provides a safe harbour from the prohibition on anti-competitive agreements contained in Article 81(1) EC. It can apply to any agreement between parties at different levels of the supply chain where that agreement contains rest... Full Article
india news HR e-briefing 298 - Agency workers: past, present and future By www.eversheds.com Published On :: 2007-02-22 The Dti has, this week, announced plans to introduce a series of measures designed to give greater protection to certain agency workers. The proposals follow the publication of a green paper by the European Commission, in which it vows to look again... Full Article
india news HR e-briefing 360 - Equality for agency workers - how will this affect your business? (Survey) By www.eversheds.com Published On :: 2008-05-27 Reaction to last week’s announcement that agency workers are to be given equal employment rights to comparable permanent employees after 12 weeks service, has been swift but also mixed (see Full Article
india news HR e-briefing 367 - Agency workers to receive sick pay By www.eversheds.com Published On :: 2008-07-03 The statutory sick pay scheme has historically excluded individuals who work under a contract of three months or less duration. This exclusion from qualification for statutory sick pay (SSP) was removed for fixed term employees in 2002 when employme... Full Article
india news HR e-briefing no 376 - Agency workers survey - are we facing 'all change' on the agency front? By www.eversheds.com Published On :: 2008-08-05 News of a revised Agency Workers Directive is still awaited from Europe and is unlikely to emerge before early 2009. For the time being, employers and agency workers alike are in the dark as to how equality of employment rights for agency worke... Full Article
india news HR e-briefing 384 - The Agency Workers Directive is adopted without controversy but not so the amended Working Time Directive it would seem... By www.eversheds.com Published On :: 2008-10-22 The rocky road travelled by the Agency Workers Directive since 2002 is nearing its end as a final version has been approved in Europe. After six years on the back burner, a slightly revised version of the Directive has been adopted. It is no longer ... Full Article
india news HR e-briefing 413 - questions remain as the government publishes consultation paper on equality for agency workers By www.eversheds.com Published On :: 2009-05-08 Since Europe reached agreement on the Agency Workers Directive in October 2008, considerable flexibility has been left to individual Member States as to how they interpret and apply its framework of legal protection for agency workers by 5 December ... Full Article
india news HR e-briefing 431 - Agency worker Regulations - implementation delayed until 2011 By www.eversheds.com Published On :: 2009-10-15 Rarely has a single piece of legislation been as keenly debated as the Regulations to implement the Agency Workers Directive in the UK. Against a background of increasingly politicised and opposing views, draft Regulations have today been published b... Full Article
india news HR e-briefing 481 - No changes to be made to the Agency Worker Regulations 2010 By www.eversheds.com Published On :: 2010-10-19 In a short announcement to the House of Commons this morning, Ed Davey, Minister for Employment Relations, Consumer and Postal Affairs confirmed that the Government's much awaited review of the Agency Worker Regulations 2010 is concluded. No changes... Full Article
india news HR e-briefing 500: Agency Worker Regulations -True or False? By www.eversheds.com Published On :: 2011-03-29 The Agency Workers Regulations 2010 will come in to force in October this year. As with many new laws, guidance from the government as to intended application and meaning is frequently helpful. This is no less so for these Regulations and the compl... Full Article
india news Eversheds' HR e-briefing 502: Guidance to the Agency Workers Regulations finally published By www.eversheds.com Published On :: 2011-04-01 The Government has published its much-awaited Guidance to the Agency Workers Regulations 2010 in draft today. A final version is expected shortly, once further comment has been collated. The Regulations themselves are due to come in to force on 1 Oc... Full Article
india news HR e-briefing 509: Agency workers - the lead up to October 2011 By www.eversheds.com Published On :: 2011-06-06 The Agency Workers Regulations 2010 (the Regulations) will come in to force on 1 October this year. Earlier this month, the Government published its guidance to the Regulations. At the beginning of last month, we asked recipients of our e-briefings... Full Article
india news Eversheds' HR e-briefing 517: Still time to get ready for AWR By www.eversheds.com Published On :: 2011-08-01 The Agency Workers Regulations 2010 will come in to force on 1 October 2011 and in to full effect from 25 December, as workers begin to satisfy the 12 week qualifying period. Many agencies and hirers have b... Full Article
india news Eversheds' HR e-briefing 518: Count to the Olympics starts now.. Twelve months to go By www.eversheds.com Published On :: 2011-08-09 A year away but the anticipation and, for some, apprehension over the 2012 Olympics is already building. Tickets are allocated and we are told the key structures are in place, ready for 27 July 2012. The Games will then run until 12 August 2012, sho... Full Article
india news William Hill bids for mobile gambling provider Probability By www.eversheds.com Published On :: 2011-10-05 What? William Hill has entered into preliminary talks about a purchase of Probability, the mobile gambling company. So what? An acquisition of Probability would add to William Hill’s offering for users of smartphones and tablet computers. Pr... Full Article
india news Opting in: High Court guidance on online marketing issues By www.eversheds.com Published On :: 2011-10-05 What? In the recent case of Playup Interactive Entertainment (UK) PTY Ltd v Givemefootball Ltd [2011], the High Court considered the expression “opted-in”. So what? This case provides useful guidance on the meaning of the terms “o... Full Article