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IHC HR e-briefing 125 - Equality Act 2010: public sector duties in Wales and Scotland

The Scottish Government and the Welsh Assembly Government have issued consultation documents setting out their plans for specific duties for their respective relevant public bodies. These specific duties will supplement the new general duty, introdu...




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IHC HR e-briefing 126: Two new European Court rulings on age discrimination

The Court of Justice of the European Union (CJEU) has handed down two important judgments on age discrimination this week. The first, on retirement, will be of interest to those employers deciding whether to retain a compulsory retirement age follow...




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IHC HR e-briefing 128 - Important TUPE case on non contractual employers

Does the transferor need to be the employer? This may sound a strange question in abstract but, in the context of group companies, can be a highly relevant issue to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). In...




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IHC HR e-briefing 129 - Court of Appeal decides collective redundancy consultation law is unclear

The Court of Appeal has today cast doubt on existing domestic case-law on when the obligation to consult begins under section 188 TULRCA and the EU Collective Redundancies Directive. Having considered two opposing views as to when consultation begin...




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IHC HR e-briefing 130 - Annual Limit for Non-European Workers

On 23rd November, the Home Secretary, Theresa May, made the long awaited announcement regarding the limits for workers from outside Europe which will come into effect in April 2011. In July 2010 interim limits were brought into effect to prevent a s...




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IHC HR e-briefing 131 - Data protection: ICO flexes muscles with first use of new fines power

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



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IHC HR e-briefing 132 - Update on the Two-Tier Code

Last month we commented upon speculation that the Government planned to withdraw the Cabinet Office statement of practice on workforce matters, “Two-Tier Code” (Full Article



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IHC HR e-briefing 133 - Government confirms October abolition of default retirement age

The Government has today published a response to its public consultation on plans to abolish the default retirement age. Although the regulations by which this will be effected are unlikely to be published for a few weeks, the Government has confirm...




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IHC HR e-briefing 134 - Employment Tribunal reform: a promising start

The Government has today published a consultation on employment tribunal reform.  The consultation floats a wide-range of proposals, going well beyond the measures which were rumoured to be up for consideration. The consultation document inclu...




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IHC HR e-briefing 135 - New tax rules may impact on employee rewards and incentives

New draft legislation may adversely impact on commercial arrangements which have been put in place by employers to reward and/or incentivise employees or which employers may wish to use in the future. The new legislation relates to 'Disguised Remune...




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IHC e-briefing 136 - Scaling down for Vetting and Barring

The government has today published the Protection of Freedoms Bill. The Bill contains many proposals, but those of most significance to employers are those which are the result of an extensive review of the vetting and barring system, and which incl...




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IHC HR e-briefing 137 - Retirement abolition regulations not as expected

The government has laid before Parliament the draft Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 aimed at abolishing the default retirement age. However, in the version seen by Eversheds, the transitional arrangements f...




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IHC HR e-briefing 138 - EAT decides key case on TUPE and insolvency

Against a backdrop of difficult economic times, the appeal decision in Olds v Late Editions (and other cases) has been keenly awaited in the hope that it would clarify the application of TUPE law to insolvent businesses. A key question sits at the h...




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IHC HR e-briefing 140 - Retirement regulations amended

The Government has laid before Parliament a revised draft of the Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 which are intended to abolish the default retirement age. The new regulations correct a pr...




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IHC HR e-briefing 142 - Changes to pay procedures

From 6 April 2011 significant changes will be made to the operation of PAYE on both payments made to employees following the termination of their employment and on the engagement of new employees who fail to provide a P45. From that date, employers ...




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Eversheds' IHC HR e-briefing 144: Progress on public sector specific equality duties

The Government Equalities Office (GEO) is proposing to make significant changes to the planned specific equality duties that will apply to certain public bodies in England, as well as some operating across Great Britain. The Welsh Assembly Governme...




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Eversheds' IHC HR e-briefing 145: Local government two-tier code to be scrapped

The Government has confirmed that the Code of Practice on Workforce Matters in Local Authority Service Contracts is to be withdrawn. It is not yet clear when the withdrawal will take effect. The Code applies in England and Wales to local authority ...




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China’s government has tamed dragon investors and harnessed them to ride for the state

As originally published in React News Beijing is determined all outgoing investment will align with China’s strategic goals Stockholm - home of ABBA and fermented herring. A fish so pongy, the Swedes o...




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Lawbite: Occupiers, Occupation and the imposition of rights under the Electronic Communications Code

Cornerstone Telecommunications Infrastructure Limited v Compton Beauchamp Estates Limited [2019] EWCA Civ 1755 The Court of Appeal’s judgement is the latest decision concerning the Code and the first appeal heard concerning the Electr...




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Lawbite: The takeover of 5G – proposed reforms to permitted development rights

In August 2019, the Government consulted on the principle of amending permitted development rights in England to grant planning permission for mobile infrastructure to support deployment of 5G and extend mobile coverage. The Government is committed ...




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Lawbite: Trust me, a charity you are not!

Derby Technology Hospitals NHS Foundation Trust and others v Derby City Council and others [2019] EWHC 3436 (Ch) The High Court has held that NHS Foundation Trusts are not charities for business rates’ purposes and are therefore not entitled t...




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Lawbite: You seem to have overlooked my privacy…

Giles Duncan Fearn (2) Gerald Kraftman (3) Ian McFadyen (4) Helen Claire McFadyen (5) Lindsay Urquhart v The Board of Trustees of the Tate Gallery [2020] EWCA Civ 104 The Court of Appeal has dismissed an appeal made by residents of luxury glass-fron...




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Coronavirus – Tenancy law – Austria

In Austria, the Civil Code provides in its Sections 1104 and 1105 ABGB for total or partial exemptions from existing rent payment obligations for tenants in the case that the leased property is unusable due to epidemics. When is a complete rent exe...




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MEES: requirements for letting residential properties from 1 April 2020

The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (“MEES Regulations”) provide that from 1 April 2018, it is unlawful for a Landlord of private rented property to grant a tenancy to a new or existing te...




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Eversheds Sutherland property column: April 2020

  Together in electric dreams The Chancellor’s announcement of a £500 million fund to support the rollout of electric vehicle charging points has caused many landowners to take notice of the potential benefits that this electric rev...




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Coronavirus - Is there a right to a rent reduction? - Switzerland

Since the Federal Council ordered the closure of a large part of the shops in Switzerland in mid-March to counteract the spread of the COVID-19 virus, a dispute has raged between business tenants and landlords as to whether this extraordinary situat...




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Supreme Court brings clarification on non-party costs orders for liability insurers

Summary: The Supreme Court handed down its long anticipated judgment in the case of Travellers Insurance Company Limited v XYZ [2019] UKSC 48 on 31 October 2019. The appellant, Travelers Insurance Company Limited (“Travelers”) was succes...




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Fifth Money Laundering Directive implemented in the UK

On 20 December 2019, the Money Laundering and Terrorist Financing (Amendment) Regulations 2019 (“MLR 2019”) were laid before Parliament.  The MLR 2019 gives effect to the EU Fifth Money Laundering Directive[1]



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The use of threshold variations when seeking a defence against money laundering

In November 2019 the National Crime Agency (NCA) published its annual Suspicious Activity Reports (SAR) Report for 2018/2019 (the Annual Report). The Annual Report focused on the continued year-on-year uplift in the overall number of SARs, and in pa...




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Coronavirus: FCA issues guidance on repossessions during COVID-19 “social distancing” period - UK

On Friday 20 March 2020 the FCA issued guidance to supplement the government’s recent pledges of support for mortgage customers.  In this article we: summarise the key guidance relating to payment holidays and repossessions highlight tha...




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U.S. IPO Weekly Recap: ORIC Pops 61% And SPACs Make A Comeback




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The IPO Market's Slowest Spring Since The Financial Crisis




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More updates needed to your scheme’s statement of investment principles

Unexpectedly, the Government has issued regulations which will require trustees to make further changes to their Statement of Investment Principles (SIP) from 1 October 2020. They will also require additional disclosures in relation to investment pr...




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Public Sector Pensions Speedbrief: Supreme Court refuses Government permission to appeal in public sector age discrimination cases

It has been reported that on 27 June 2019, the Supreme Court denied the Government’s request for permission to appeal against the Court of Appeal’s decision in the cases of McCloud and Sargeant regardi...




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Speedbrief: The Pension Schemes Bill – was it worth the wait?

Eighteen months ago, the Government published a white paper on protecting DB pension schemes.  This was followed by consultations on a variety of matters, including a stronger Pensions Regulator, the introduction of collective defined contribut...




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Cases for Christmas – some last minute pension treats

The run-up to Christmas has seen a couple of important legal cases for pension schemes. Neither should spoil your Christmas celebrations, but they’re worth knowing about for 2020! Limits on PPF protection The European Court has reached a decis...




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Coronavirus - Pensions webinar series - UK

COVID-19 has changed the legal and practical ground rules for pensions and employment – certainly in the short term and quite possibly over the longer term too. In our series of pensions webinars, our team will help you navigate the ...




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Pensions Regulator’s expectations on funding and communications in a crisis

The Pensions Regulator has issued its 2020 annual funding statement which provides more guidance for plans going through a valuation process and new Full Article



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Coronavirus - Litigation during lockdown – South Africa

Litigation can continue during lockdown – subject to certain provisons contained in the directions (“the Directions”) published by the Minister of Justice and Correctional Services, in Government Gazette – No 11066 on 26 Marc...




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Coronavirus - Compliance risks for companies under the Infection Protection Law - Germany

I. Introduction The Covid-19 pandemic poses new challenges to society as a whole and to each individual. The rapid spread of the virus is currently prompting political decision-makers to react just as quickly by developing and adopting new measures...




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COVID 19 and the critical role of managers in supporting wellbeing in the workplace

The COVID 19 pandemic has brought mental health and wellbeing to the fore in many organisations. These issues have become more prominent across workplaces in recent years but we are now facing unprecedented challenges of supporting distributed workf...




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Protecting companies from Coronavirus crime and fraud

Protecting companies from Coronavirus crime and fraud Whilst our communities, including the business community, are pulling together like never before to protect the country and the National Health Service from the Coronavirus outbreak, fraudsters a...




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Coronavirus - Webinar - Listen again - In-depth insights and practical advice regarding Force Majeure, Frustration and reconsidering Commercial Contracts – UK

Listen as our panel answer some of the most common questions clients have asked us over recent weeks as well as digging into more detail around how your business should proceed with specific legal and technical challenges. A recording of the session...




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Coronavirus (Scotland) Act (“the Bill”): Protection from Irritancy

In light of the Covid-19 outbreak both the UK and the Scottish Government have introduced measures to give both private and business tenants temporary protection from eviction and irritancy. Of particular interest for businesses is the extension of ...




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Coronavirus (Scotland) Act (“the Bill”): Protection from Irritancy

In light of the Covid-19 outbreak both the UK and the Scottish Government have introduced measures to give both private and business tenants temporary protection from eviction and irritancy. Of particular interest for businesses is the extension of ...




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How the coronavirus pandemic will affect the Serious Fraud Office

It is becoming abundantly clear that the world as we know it will never be the same after the global coronavirus pandemic given the impact it has already had upon our daily lives, families, communities and the global economy. People have been forced...




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Updated Parents' Rights

On 9 April 2020, the President extended the lockdown period until 30 April 2020. On 16 April 2020, the Minister of Cooperative Governance and Traditional Affairs published and issued new Regulations in Government Gazette 43232, Government Notice No....




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Considerations for food businesses operating during COVID-19

From 20 March, UK pubs, restaurants and cafes have been closed as part of the government response to COVID-19. In an effort to stay afloat many food businesses are looking to diversify, with some offering takeaway and pick up services for the first ...




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Managing Food Businesses during COVID-19

These are turbulent times especially for the UK food industry. Whilst some businesses are seeing an unprecedented demand for food, others are struggling to survive following site closures due to the recent legislation implemented; The Health Protect...




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Temporary relaxation of drivers’ hours

In response to unprecedented pressures on supply chains, the Department for Transport (DfT) has introduced a temporary relaxation of the enforcement of EU drivers hours and GB drivers’ hours rules in England, Scotland and Wales, initially in p...