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UK Discrimination Law Review: Post-employment victimisation and the effects of Jessemy and Onu

Post-employment victimisation and the effects of Jessemy and Onu. The Court of Appeal has recently held that post-employment victimisation is unlawful, overturning the previous decision in Rowstock Ltd & another v Jessemey  and providing he...




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UK Discrimination Law Review: Post-natal depression: are there limits to the law’s protection from detriment?

Is it necessarily unlawful for an employer to dismiss an employee for incapability if she fails to return to work following the end of maternity leave, where the reason for the absence is post-natal depression (or other pregnancy-connected illness)?...




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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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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: 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

Full Article



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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 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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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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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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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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U.S. IPO Week Ahead: The IPO Calendar Is Primed For A Small Pick-Up




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U.S. IPO Weekly Recap: Kingsoft Cloud Completes Largest IPO Since March In 3-IPO Week




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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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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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Global Water Resources, Inc. (GWRS) CEO Ron Fleming on Q1 2020 Results - Earnings Call Transcript




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Chesapeake Utilities Corp (CPK) CEO Jeff Householder on Q1 2020 Results - Earnings Call Transcript




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Star Group LP (SGU) CEO Jeff Woosnam on Q2 2020 Results - Earnings Call Transcript




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The Code for Leasing Business Premises

The University of Reading will be reporting to the Government on the success of the code for leasing business premises. The Code for Leasing Business Premises in England and Wales 2007 (‘the Code’) was published on 28 March 20...




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VAT implications for residential developers letting unsold houses

HM Revenue & Customs (HMRC) has published an information sheet giving guidance to house builders on the VAT implications of letting unsold houses. The guidance has been published in response to enquiries from house builders who are letting hous...




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Landlords’ rights of inspection

A Scottish court has ruled that a landlord's right of inspection in a lease permitted the landlord to sink boreholes to search for contamination. In this case, Possfund Custodian Trustee Ltd v Kwik-Fit Properties Ltd, Kwik-Fit was a tenant of a bui...




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Mortgagee’s power of sale does not offend human rights

Realisation of security by mortgagees is a hot topic in current economic circumstances, and Horsham Properties Group Ltd v Clark is a case that underlines that mortgagees' powers can sometimes appear draconian. In this case, the mortgagee appointed...




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A building used largely as offices cannot be a ‘house’

A building that was built 150 years ago as a house, but that has been used predominantly as offices for the past 60 years, is not a 'house' for the purpose of the Leasehold Reform Act 1967. The Court of Appeal in Grosvenor Estates Ltd v Prospect Es...




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Landlord is held to have accepted a surrender when his family move in

A landlord who allowed a member of his family to occupy the demised premises after the tenants' departure was held to have accepted a surrender by operation of law of the premises. Tenants took a three-year lease of a very large residential propert...




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Derogation from grant in the context of easements

Two recent cases involving easements highlight the risks of leaving part of the arrangement undocumented. Two recent cases raised the doctrine of derogation from grant in relation to the grant of an easement - one successfully and the other not. A ...




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Flood and Water Management Bill

Developers can no longer assume that they will be entitled to connect new developments to public sewers for the disposal of service water. The draft Flood and Water Management Bill, intended to improve how the country prepares for and responds to f...




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Procurement e-briefing: ECJ decision - land deals unlikely to be public work concession contracts

Land deals are currently one of the most scrutinized areas of public procurement, and the correct application of the public procurement rules to land transactions still poses one of the greatest challenges for public bodies. ...




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Income Strips and Student Accommodation - an alternative funding model for Higher Education Institutions

Economic and political uncertainty since the Brexit vote and fear of a predicted debt crisis have increased funding pressures on Higher Education Institutions when putting their estates strategies into action.  A perfect storm of a predicted dr...




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Build to rent: legal issues for a growing sector

Eversheds Sutherland property column: March 2019 Over the last half decade, institutions and investors have become increasingly attracted by the dependable longterm income offered by large-scale professional residential letting. The way investors ac...




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Event Fees – Government’s Response to Law Commission Report

Yesterday the Government announced its response to the Law Commission’s report on Event Fees. “Event Fees” are common in the retirement living sector. They are  fees payable on certain events such as sale, subletting or change...




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Accessing foreign investment protection for international construction and engineering projects

In 2015, the United Nations Conference on Trade and Development (UNCTAD) estimated that foreign direct investment for the construction of greenfield projects in developing economies had jumped from US$22 billion in 2013, to US$42 billion in 2014 wit...




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Past is Prologue: The Future of US and UK Arbitration

Much has been said and written about the UK public’s decision in June 2016 to leave the European Union and the November 2016 election of President Donald Trump. It seems obvious that these momentous events will have profound socio-economic con...




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U.S. Supreme Court Makes More Difficult Expropriation Lawsuits Against Foreign States

The United States Supreme Court has made it more difficult for plaintiffs to sue foreign states in US courts under the exception to sovereign immunity applicable to “any case . . . in which rights in property taken in violation of international law ...




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The Preliminary Ruling in the Achmea (formerly Eureko) v. Slovakia Case: the Uncertain Future of Intra-EU BITs

The compatibility of investment protection treaties with the regulatory framework of European Union law has been a controversial issue for quite some time. A recent decision of the Court of Justice of the European Union in Achmea (formerly Eureko) v...





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Coronavirus: Akwa Ibom seizes corpse ‘smuggled’ into state from Lagos

It is unclear how the corpse was driven from Lagos, through other states, to Akwa Ibom despite a ban on inter-state transportation.

The post Coronavirus: Akwa Ibom seizes corpse ‘smuggled’ into state from Lagos appeared first on Premium Times Nigeria.