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IHC HR e-briefing 107: balloting requirements for industrial action

A growing number of successful injunctions against trade unions to halt strikes is attracting increasing media attention. Arguments will undoubtedly continue about whether such injunctions are undemocratic, or simply reflec...




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IHC HR e-briefing 108 - Queen's Speech developments

For employers, what a new government might bring to bear in a difficult financial climate was glimpsed at in the party manifestos (see our previous Full Article



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IHC HR e-briefing 110 - Vetting and barring scheme implementation halted

This morning, the Home Secretary, Theresa May, announced that the new vetting and barring scheme for people who work with children or vulnerable adults is to be "brought to a halt" pending review. The scheme, the scope of which is defined by the Saf...




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Eversheds' IHC HR e-briefing 112: Employment Tribunal claims soar

Statistics for 2009-10 released by the Tribunals Service this week reveal that claims to employment tribunals have dramatically increased this year. Despite an overall drop in 2008-9, when the number of claims was 151,028, claims have soared to 236,...




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IHC HR e-briefing 113 - Is this farewell to the "Two Tier" Code?

There are rumours that Government is set to withdraw the so called "Two Tier Code" in public sector outsourcing contracts, a move which would represent a significant policy change, albeit not an unexpected one. Abandoning the Code would be likely t...




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IHC HR e-briefing 114 - Uncertainty over future of paternity leave

Comments made in Parliament yesterday by Theresa May, Minister for Women and Equalities, suggest that regulations introduced by the Labour government to extend paternity leave for fathers could be postponed and, ultimately, rewritten by the coalitio...




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IHC HR e-briefing 116 - Default retirement age to be abolished next year

Default retirement age to be abolished next year The Government has this morning confirmed that it plans to abolish the default retirement age (DRA) next year. The aim is that from 6 April 2011 the statutory retirement procedure in Schedule 6 of th...




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IHC HR e-briefing 117 - Disability discrimination: in preserving the status quo, the Court of Appeal takes a radical leap!

The Court of Appeal has approved the application of the House of Lords decision in the case of London Borough of Lewisham v Malcolm [2008] IRLR 700 to employment-related cases. See our previous HR e-briefing 366 for further information. In many res...




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IHC HR e-briefing 118 - The ECJ clarifies the effect of a relevant transfer on trade union recognition

After more than 10 years of European legal protection for employees in the event of a relevant transfer, many aspects of the Transfer of Undertakings Directive 2001 (Council Directive 2001/23/EC) and its predecessor have by now been litigated over a...




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IHC HR e-briefing 119 - Equality Act 2010: public sector duties

The Government Equalities Office (GEO) has launched a consultation into the specific public sector duties that it intends to apply to certain public bodies pursuant to section 153 of the Equality Act 2010. The proposals affect public bodies operati...




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IHC HR e-briefing 120 - Legal professional privilege and in-house lawyers: EU declines to extend the scope

Those in legal practice are all too aware of the benefits but also the limitations of legal professional privilege, none more so than lawyers working in-house. Where such protection arises in the context of UK practice is reasonably well settled. Ho...




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IHC HR e-briefing 122 - Employment law changes from 1 October 2010

We have set out below a summary of the notable legislative changes from 1 October 2010. Equality Act 2010 Regulations have recently confirmed which parts of the Equality Act 2010 will take effect on 1 October this year and which parts are currentl...




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IHC HR e-briefing 123 - European case set to boost paternity rights

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...




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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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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: Changing with the times – refusing consent to residential use

Sequent Nominees Ltd (formerly Rotrust Nominees Ltd) v Hautford Ltd [2019] UKSC 47 The Supreme Court has overturned the decision of the two lower courts and held that a landlord was reasonable to withhold its consent to the tenant’s applicatio...




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Lawbite: Court of Appeal saves defective statutory notices

Nigel Crighton Pease v Jeffrey William Carter and Louise Mary Carter [2020] EWCA Civ 175 A recent Court of Appeal decision found that notices of proceedings for possession under s.8 of the Housing Act 1988 were valid despite an error in a key date ...




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Court refuses to interfere with FOS’s decision-making on PPI complaint

Summary The High Court has recently handed down its judgment in R (Critchley) v Financial Ombudsman Service and two others [2019] EWHC 3036 (Admin).  The applicant, Mrs Critchley sought to challenge FOS’s rejection of her PPI complaint on...




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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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Court of Appeal finds that injunctions against “persons unknown” can (i) be framed by reference to a defendant’s intention and (ii) prohibit lawful conduct

Cuadrilla Bowland Ltd & Ors v Persons Unknown & Ors [2020] EWCA Civ 9 Background In Boyd v Ineos Upstream Ltd...




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Developing purposeful cultures in the financial services sector

The FCA recently published a discussion paper on transforming culture in financial services. The paper is a collection of short essays by industry leaders, professional bodies and culture experts and is aimed at helping firms to develop and emb...





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IPO Update: GAN Limited Readies U.S. IPO Effort




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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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More Bucks than Fizz, the Law Commission's SAR reform report

Zia Ullah, Head of the Firm’s Corporate Crime & Investigations practice, and Ruth Paley, Of Counsel, take a look at the Law Commission’s report into SARs reform published this morning, and consider the implications for the regulated ...




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Back to Black – but not quite yet: Revised methodology agreed but no new EU blacklist before 2020

As the European Council met today to discuss a revised methodology to be used in the creation of a new EU blacklist of ‘high-risk third countries’ with strategic AML and CTF deficiencies, Zia Ullah and Ruth Paley of Eversheds Sutherland ...




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Procurement Briefing Issue 1 2006 - The new procurement Directives

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Procurement Briefing Issue 2 2006 - EC procurement thresholds from 31 January 2006

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Procurement Briefing Issue 3 2006 - Competitive dialogue - A brave new world

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Procurement Briefing Issue 4 2006 - Awarding contracts to in-house companies

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Procurement Briefing Issue 1 2007 - Bidder beware?

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Procurement Briefing Issue 2 2007 - Tendering burdens removed in electricity and gas supply markets

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Ryanair chief says Brexit threat to UK-EU flights increasing

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