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Quarterly labour law update - October 2010

Welcome to our quarterly labour law update. This edition contains the following content: News Agency regulations under review by coalition The threat of strikes and the law Unite leadership race Recent UK labour case law Worrall and othe...




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Len McCluskey wins Unite election

Len McCluskey has been elected leader of the UK's biggest trade union, Unite. It was a comfortable victory, polling 101,000 votes ahead of second-placed Jerry Hicks, who had 52,000 votes. However, he is short of an overwhelming endorsement, given an...




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HR e-briefing 494- Key strike law decision from Court of Appeal

The law relating to industrial action is complicated and many aspects are unclear, mainly because of conflicting court decisions, complex statutory rules or because of the absence of judicial interpretation. In particular, uncertainty exists over th...




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IHC HR e-briefing 141 - Key strike law decision from Court of Appeal

The law relating to industrial action is complicated and many aspects are unclear, mainly because of conflicting court decisions, complex statutory rules or because of the absence of judicial interpretation. In particular, uncertainty exists over th...




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Practical Implications of RMT v Serco Ltd and Aslef v London & Birmingham Railway Ltd

Introduction

Full Article



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Eversheds' HR labour law e-briefing - New trade union membership statistics published by BIS

The annual report published by BIS on trade union membership has just been published and contains new statistics for 2010. As in previous years, it tracks an ongoing decline in trade union membership levels and, similarly, a fall in the number of em...




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Eversheds' HR e-briefing 508: Significant change for European Works Councils from 5 June 2011

There are over 900 European Works Councils (EWCs) providing for pan-European workplace consultation involving cross-border restructuring, mergers and transfers. While employers with EWCs have differing views on their success and relevance to date, l...




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Eversheds' Quarterly Labour Law Update - June 2011

Welcome to our quarterly labour law update. This edition contains the following content: News • Public sector strikes: beyond the media outcry • Government announces review of 90 day collective consultation period • E...




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Quarterly Labour Law Update - October 2011

Welcome to our quarterly labour law update. This edition contains the following content: News Acas sees rising demand for conciliation in disputes CAC reports drop in statutory recognition applications New ways of trade union organising Order ...




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Eversheds' Quarterly Labour Law Update - March 2012

Welcome to our quarterly labour law update. This edition contains the following content: News Strike days surged in 2011: a one-off or a new trend? Woolworths claim puts the spotlight on "establishment" for redundancy purposes Calls for collect...




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UK Labour Law Briefing - June 2013

Welcome to our June UK labour law update. This edition contains the following content: UK labour law news Trade union membership rises to 6.5 million reversing recent falling trends PCS and TSSA unions move closer towards mergers with Unite  ...




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UK HR ebrief: Q&A briefing on collective redundancies and the Woolworths decision

In



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UK IHC HR ebrief EU appears open-minded about pay between assignment contracts

EU appears open-minded about pay between assignment contracts Having inherited the Agency Workers Regulations 2010 on taking office, the UK Government had p...




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UK Labour Law Update

Welcome to our UK labour law update. This edition contains the following content:UK labour law news • Government independent review of industrial disputes• An update on labour law and the European Court of Human RightsUK labour case l...




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UK Labour Law Update - December 2014

Welcome to our December UK labour law update. This edition contains the following content:UK labour law news Working time reform more likely Politics, next year’s General Election and labour law – an unhealthy mix? UK labour cas...




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UK Labour Law Update - March 2015

Welcome to our March UK labour law update. This edition contains the following content: UK labour law news BIS pushes ahead with new trade union membership assurance scheme. Unite contemplates acting outside the law. Bookings being taken for Ever...




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The future of labour brokers in the face of the labour relations amendment act

The labour broker industry faces great pressure to comply with the changes to the Labour Relations Act 66 of 1995, as amended, (“LRA”) read with amendments giving effect to the ‘equal pay for work of equal value’ principle in...




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UK Labour Law Update

Welcome to our September UK labour law update. This edition contains the following content:UK labour law news• The Trade Union Bill• Trade union about-turn on the EU referendum• Industrial action: recent ...




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December UK labour law quarterly update

Welcome to our December UK labour law quarterly update. This edition contains the following content: UK labour law news Trade Union Act implementation: new regulations and Codes of Practice The gig economy: ‘self-employed’ seek trade un...




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Avoiding disruption. European guide to strikes and other industrial action

The European guide to strikes and other industrial action has been created by Eversheds Sutherland to provide you with a quickand easy reference when responding to threats of industrial action in 15 European countries. Click here to download the pub...




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March UK labour law quarterly update

Welcome to our March UK labour law quarterly update. This edition contains the following content: UK labour law news Trade Union Act changes to industrial action law: now in force Public sector facility time reporting in force from 1 April 2017 Pub...




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Eversheds Sutherlands UK Labour Law E-briefing - Court of Appeal upholds small single collective bargaining unit

Court of Appeal upholds single collective bargaining unit for only 1.2% of employees in an otherwise non-unionised employer In a significant development for employers, particularly those without recognised trade unions and those with dispersed busin...




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UK HR E-briefing: Mental health in the workplace – report says employers must do more for employees

Employers are being urged to do more to look after the mental health of their workforce with the publication today of the outcome of the Stevenson/Farmer review of mental health and employers. Estimating that poor mental health costs employers betwe...




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December UK labour law quarterly update

Welcome to our December UK labour law quarterly update. This edition contains the following content: UK labour law news Responding to walkouts by gig workers and contractors Central Arbitration Committee annual report records drop in recognition ap...




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Commencement of the new National Minimum Wage Act, 2018

The highly anticipated new National Minimum Wage Act No. 9 of 2018 (“NMWA”) came into operation on 1 January 2019. It is important to note that section 17(4) of the NMWA, which provides that the application of the new minimum wage applie...




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UK labour law quarterly update - March 2019

Welcome to our March UK labour law quarterly update. This edition contains the following content: Lessons learnt Chocks away: Despite the rarity of recent employer injunctions to stop strikes, one such injunction averted flight disruption over Chris...




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Mortgage PAP - our experience

The mortgage pre-action protocol (MPAP) has been in force for a little over six months, long enough for the courts' approach to settle down and for patterns to emerge. This article looks at our experiences. The good news is that MPAP compliance has...




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Securitisation and lenders' claims

A prevalent issue currently being raised by Defendant solicitors in relation to professional negligence lender claims is securitisation. The question being asked on a regular basis is whether mortgages have been securitised. The question following t...




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Special feature: new rules on land charge enforcement in Germany

In 2008 the German Bundestag has passed the so-called "Risikobegrenzungsgesetz" (Risk Limitation Act) which aims to countervail risks involved with financial investments in general and certain investment practices in particular. The amendments aim e...




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Case study: mortgage fraud

LSG Litigation regularly deal with cases involving mortgage fraud. The key to combating mortgage fraud is early detection, comprehensive and vigorous investigation and immediate recovery action. A Case Study In October 2008, we were instructed to...




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Radical changes to the civil litigation costs regime?

Over the past decade various attempts have been made to ensure civil litigation and "access to justice" are affordable to all. Indeed when the Woolf reforms were introduced over ten years ago one fundamental tenet of these reforms was to make the co...




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Charging orders under the spotlight

The Citizens Advice Bureau has recently published a report highlighting concerns about the increasing use of charging orders in particular as well as enforcement in general and bankruptcy A charging order is a way of securing a judgment debt o...




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Changes to the civil procedure rules affecting mortgage repossession claims

Currently CPR 55.10 provides that where a mortgagee seeks possession of land which consists of or includes residential property the claimant must send a notice to the property addressed to 'the occupiers' within 5 days of receiving notification of t...




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SRA releases warning cards to alert Solicitors about fraudulent activity

On 28 May 2009 the Solicitors Regulation Authority announced to the legal profession that 11,000 law firms throughout England and Wales would receive warning cards alerting them to potential fraudulent activity. 130,000 of these warning cards have n...




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Healthcare speed briefing: The Government's response to the Francis Inquiry

The Government has now responded fully to the 290 recommendations made by the Francis Inquiry earlier in the year. Since the publication of the report in February of this year, members of our team who acted as a part of the team acting as Solicitors...




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Constitution of Limitation Funds - P&I club letters of undertaking versus payment into court

The English High Court, in the recent case Kairos Shipping Limited v. Enka & Co LLC & Others (Atlantic Confidence) [2013] EWHC 1904 (Comm), considered whether or not a tonnage limitation fund may be constituted by provision of a P&I club...




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Shipping Update: ‘Valle Di Cordoba’ - Owners’ relief and Charterers’ concern

Introduction In the recent case of Trafigura v Navigazone Montanari, the Commercial Court was asked to decide whether, on its true construction,  an amended Trafigura In-Transit Loss clause (the “ITL Clause”) (as inserted into a Bee...




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China’s Ministry of Commerce sinks proposed “P3” shipping joint venture

China’s Ministry of Commerce (“MOFCOM”) has refused approval for the proposed P3 joint venture between shipping companies Maersk Line, Mediterranean Shipping Company (“MSC”) and CMA CGM (“the Companies”). &n...




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Eversheds' Costs Team e-briefing

Guru Update – Mitchell – where we have all been getting it wrong! The Court of Appeal on Friday afternoon, handed down judgment in a series of appeals arising out of applications for Relief from sanctions, Denton & Ors v TH Whit...




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Ports as public authorities - a growing reality?

The suggestion that ports are public bodies may seem a little strange. By far the greater majority are now private entities being either trust ports or private limited companies. But the position may not be quite as clear cut as it first looks. ...




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Shipping case update: Firodi Shipping Ltd v Griffon Shipping LLC ("The Griffon") [2013] EWCA Civ 1567

In Firodi Shipping Ltd v. Griffon Shipping LLC (“The Griffon”) the Court of Appeal considered the decision of Teare J. reported in [2013] EWHC 593 (Comm). For our e-briefing article on Teare J’s decision in the Commercial Court,



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Export control and sanctions update: EU restrictive measures against Russia

On 31 July 2014, the Council of the European Union (the “Council’) adopted Regulation (EU) No 833/2014 which implements Council Decision 2014/512/CFSP...




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Striking a deal - Say what you mean and mean what you say

Proton Energy Group SA ("Proton") v. Public Company Orlen Lietuva ("Orlen") [2013] EWHC 2872 (Comm) (the "Proton case") The Proton Case was first brought to the attention of the Commercial Court in February 2013, when an application for summary judg...




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Discussion clauses - court may force a friendly discussion

Emirates Trading Agency LLC v. Prime Mineral Exports Private Limited [2014] EWHC 2104 (Comm) Facts Emirates Trading Agency (Emirates) agreed to buy iron ore from Prime Mineral Exports (PME) but failed to collect all the order. PME claimed liquid...




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Transport legal update: Griffon Shipping LLC v. Firodi Shipping Ltd (The Griffon) [2013] EWHC 593 (Comm)

In Griffon Shipping LLC v. Firodi Shipping Ltd (The Griffon) Teare J considered, in the context of clause 13 of the standard form Norwegian Sale Form (“NSF”) 1993, where a buyer fails to pay the deposit under a memorandum of agreement, w...




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Middle East: Jordanian PPP law update

Amendments to the recently passed draft PPP law have been approved by Jordan's Lower House Investment Committee (the “Committee”). The Committee has amended articles in the draft PPP law by removing the obligation on the Governme...




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EU implements further sanctions against Russia despite cease-fire in Ukraine

The EU has today published further sanctions against Russia, following agreement between the EU and the US that additional measures were required to respond to, what the EU and US view as, Russia’s continued efforts to destabilise the Ukraine....




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Online registration, notification and reporting of Employee Share Plans

A new online registration, certification and reporting system was recently introduced in the UK, applying to all employee share plans and arrangements. The first major deadline for online reporting is approaching (6 July 2015) and employers should b...




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UK Consumer Rights Bill - how will it impact the transport sector?

The Government has recently announced that the Consumer Rights Bill is intended to become law on 1 October 2015, subject to the ongoing Parliamentary process. The Bill is relevant to businesses in the transport sector as it will introduce significan...




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Shipping - LNG Gemini - injurious cargo

The Commercial Court was asked to consider whether a cargo of LNG could be a cargo injurious to the Vessel. The Facts By way of a Time-Charterparty dated 3 January 2011 AOM chartered the LNG Gemini (the “Vessel”) to Golar Commodities Ltd...