ng IHC HR e-briefing 104: Which way now? Employment law and the manifestos By www.eversheds.com Published On :: 2010-04-14 Our recent poll sought your views on the areas of employment law you would most like to see reformed following the election. Unfair dismissal protection, employment tribunal practice and procedure and retirement age an... Full Article
ng IHC HR e-briefing 105 - Age discrimination: a qualification By www.eversheds.com Published On :: 2010-04-27 The Court of Appeal has today handed down an important decision in the context of age discrimination and criteria for career progression. Endorsing the earlier judgement of the Employment Appeal Tribunal, the Court has found that ... Full Article
ng IHC HR e-briefing 106: the coalition - prospects for employment law? By www.eversheds.com Published On :: 2010-05-13 The Conservative and Liberal Democrat Coalition Agreement provides some clues as to the future development of employment law under the new Government. The seven page document is an interim agreement and will be followed "in due course" by a final Co... Full Article
ng IHC HR e-briefing 107: balloting requirements for industrial action By www.eversheds.com Published On :: 2010-05-19 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... Full Article
ng IHC HR e-briefing 108 - Queen's Speech developments By www.eversheds.com Published On :: 2010-05-25 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
ng IHC HR e-briefing 110 - Vetting and barring scheme implementation halted By www.eversheds.com Published On :: 2010-06-15 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... Full Article
ng Eversheds' IHC HR e-briefing 112: Employment Tribunal claims soar By www.eversheds.com Published On :: 2010-07-07 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,... Full Article
ng IHC HR e-briefing 113 - Is this farewell to the "Two Tier" Code? By www.eversheds.com Published On :: 2010-07-22 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... Full Article
ng IHC HR e-briefing 114 - Uncertainty over future of paternity leave By www.eversheds.com Published On :: 2010-07-23 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... Full Article
ng IHC HR e-briefing 116 - Default retirement age to be abolished next year By www.eversheds.com Published On :: 2010-07-28 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... Full Article
ng IHC HR e-briefing 117 - Disability discrimination: in preserving the status quo, the Court of Appeal takes a radical leap! By www.eversheds.com Published On :: 2010-07-30 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... Full Article
ng IHC HR e-briefing 118 - The ECJ clarifies the effect of a relevant transfer on trade union recognition By www.eversheds.com Published On :: 2010-08-05 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... Full Article
ng IHC HR e-briefing 119 - Equality Act 2010: public sector duties By www.eversheds.com Published On :: 2010-08-23 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... Full Article
ng IHC HR e-briefing 120 - Legal professional privilege and in-house lawyers: EU declines to extend the scope By www.eversheds.com Published On :: 2010-09-17 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... Full Article
ng IHC HR e-briefing 122 - Employment law changes from 1 October 2010 By www.eversheds.com Published On :: 2010-09-27 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... Full Article
ng IHC HR e-briefing 123 - 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
ng IHC HR e-briefing 125 - Equality Act 2010: public sector duties in Wales and Scotland By www.eversheds.com Published On :: 2010-10-12 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... Full Article
ng IHC HR e-briefing 126: Two new European Court rulings on age discrimination By www.eversheds.com Published On :: 2010-10-15 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... Full Article
ng Handling electronic disclosure from October 2010 By www.eversheds.com Published On :: 2010-10-20 The change Important new guidance for giving disclosure of electronic documents in civil litigation was introduced on 1 October 2010. A new practice direction (31B: the Electronic Disclosure PD) will have a significant impact on substantial c... Full Article
ng IHC HR e-briefing 128 - Important TUPE case on non contractual employers By www.eversheds.com Published On :: 2010-10-27 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... Full Article
ng IHC HR e-briefing 129 - Court of Appeal decides collective redundancy consultation law is unclear By www.eversheds.com Published On :: 2010-11-09 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... Full Article
ng IHC HR e-briefing 130 - Annual Limit for Non-European Workers By www.eversheds.com Published On :: 2010-11-25 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... Full Article
ng IHC HR e-briefing 131 - 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
ng IHC HR e-briefing 132 - Update on the Two-Tier Code By www.eversheds.com Published On :: 2010-12-14 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
ng IHC HR e-briefing 133 - Government confirms October abolition of default retirement age By www.eversheds.com Published On :: 2011-01-13 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... Full Article
ng IHC HR e-briefing 134 - Employment Tribunal reform: a promising start By www.eversheds.com Published On :: 2011-01-27 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... Full Article
ng IHC HR e-briefing 135 - New tax rules may impact on employee rewards and incentives By www.eversheds.com Published On :: 2011-02-03 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... Full Article
ng IHC e-briefing 136 - Scaling down for Vetting and Barring By www.eversheds.com Published On :: 2011-02-11 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... Full Article
ng IHC HR e-briefing 137 - Retirement abolition regulations not as expected By www.eversheds.com Published On :: 2011-02-17 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... Full Article
ng IHC HR e-briefing 138 - EAT decides key case on TUPE and insolvency By www.eversheds.com Published On :: 2011-02-18 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... Full Article
ng IHC HR e-briefing 140 - Retirement regulations amended By www.eversheds.com Published On :: 2011-03-02 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... Full Article
ng IHC HR e-briefing 142 - Changes to pay procedures By www.eversheds.com Published On :: 2011-03-17 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 ... Full Article
ng Eversheds' IHC HR e-briefing 144: Progress on public sector specific equality duties By www.eversheds.com Published On :: 2011-03-23 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... Full Article
ng Eversheds' IHC HR e-briefing 145: Local government two-tier code to be scrapped By www.eversheds.com Published On :: 2011-03-24 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 ... Full Article
ng Lawbite: The dangers of a wild goose chase By www.eversheds.com Published On :: 2019-10-15 Canada Goose UK retail Ltd and James Hayton v Persons Unknown (1) and People for the Ethical Treatment of Animals (PETA) Foundation (2) 2019 EWHC 2459 Clothing retailer Canada Goose (“CG”) recently failed to persuade the Court that it sh... Full Article
ng Lawbite: The broken rating system By www.eversheds.com Published On :: 2019-11-01 The Treasury Select Committee’s report highlights the recent calls for meaningful reform to the business rates system. The concerns have been growing, culminating most recently in a letter signed by over 50 retail bosses to the Chancello... Full Article
ng Taking a lease off-plan: some construction considerations By www.eversheds.com Published On :: 2019-11-11 Eversheds Sutherland property column: November 2019 Taking property off-plan involves a whole host of extra considerations, and prestigious tenants looking for new high profile headquarters or bespoke office space require comprehensive landlord and ... Full Article
ng Lawbite: Changing with the times refusing consent to residential use By www.eversheds.com Published On :: 2019-11-19 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... Full Article
ng Supreme Court ruling to impact on registration of town and village greens By www.eversheds.com Published On :: 2019-12-13 The Supreme Court has issued an important decision which considers whether land can be registered as a town or village green where that land has been acquired by a statutory undertaker and is held for purposes that are inconsistent with the use of t... Full Article
ng MEES: requirements for letting residential properties from 1 April 2020 By www.eversheds.com Published On :: 2020-04-01 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... Full Article
ng Court refuses to interfere with FOSs decision-making on PPI complaint By www.eversheds.com Published On :: 2019-11-26 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... Full Article
ng Complaint Handling Update By www.eversheds.com Published On :: 2019-11-27 New dispute resolution service for SMEs Background In March 2018, UK Finance commissioned an independent review into the complaints and alternative dispute resolution landscape for the small and medium sized enterprises market in the UK. An in... Full Article
ng Supreme Court brings clarification on non-party costs orders for liability insurers By www.eversheds.com Published On :: 2019-11-28 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... Full Article
ng Fifth Money Laundering Directive implemented in the UK By www.eversheds.com Published On :: 2020-01-06 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] Full Article
ng The use of threshold variations when seeking a defence against money laundering By www.eversheds.com Published On :: 2020-01-07 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... Full Article
ng High Court reaffirms tests for (i) a non-disclosure order and (ii) setting aside a without notice order due to non-disclosure By www.eversheds.com Published On :: 2020-02-03 United Kingdom Independence Party Limited v Richard Braine and others [2019] EWHC 3527 (QB) Facts of the Case This decision relates to: 1. applications by the Claimant (“UKIP”) for orders (a) continuing until trial an interim non-disclos... Full Article
ng Complaint Handling Update By www.eversheds.com Published On :: 2020-02-05 New dispute resolution service for SMEs In our last Complaint Handing Update, we set out information on a new independent organisation known as The Business Banking Resolution Service (BBRS) w... Full Article
ng Developing purposeful cultures in the financial services sector By www.eversheds.com Published On :: 2020-03-10 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... Full Article
ng Coronavirus: FCA issues guidance on repossessions during COVID-19 social distancing period - UK By www.eversheds.com Published On :: 2020-03-24 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... Full Article
ng Why Kingsoft Cloud's Initial Reports Are Promising By seekingalpha.com Published On :: Wed, 22 Apr 2020 15:10:27 -0400 Full Article KC Luke Melendez
