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Autor Lewis Silkin LLP

22.03.2019
Freitag

UK: No deal #Brexit and data protection

Brexit
This article discusses the impact of a no deal Brexit on data protection issues for businesses transferring data to or from the UK and how they should prepare for this possibility. With the Brexit D-day of 29 March looming, organisations have asked us to help prepare a Brexit Data Response Plan in case of a potential no deal Brexit. Building on the UK Information Commissioner’s Office (ICO); and Department for Digital, Culture Media & Sport (DCMS) Guidance Notes, we provide below some data protection considerations and sensible actions to take to ensure that your organisation’s data governance is ready. Ganzen Artikel lesen

15.03.2019
Freitag

UK: #Brexit – The final countdown (maybe) …

Brexit
The UK is leaving the EU in two and a half weeks’ time, at the time of writing. Or maybe it isn’t. Your guess is as good as ours.  As Parliament prepares for its fateful votes on whether to say yes to May’s deal, with or without some revisions to the Irish backstop, and, if it says no, whether to crash out with no deal or ask the EU for extra time, we thought now was a good time to recap on where exactly we are and what it all means from an employment law perspective. What are the possible scenarios for the UK’s continued relationship with the EU as the 29 March deadline approaches, and what impact would they have on employers? Ganzen Artikel lesen

08.03.2019
Freitag
Ius Laboris United Kingdom - Lewis Silkin LLP

UK: #Brexit – How to handle the EWC

Brexit
The final form of Brexit remains uncertain, as does its impact on European Works Councils (‘EWCs’) that are governed by UK law. In this article, we provide an update on the state of play as we enter March 2019, building on our earlier article. We then discuss what course of action businesses should take as we approach the projected date for the UK’s departure from the EU on 29 March. Ganzen Artikel lesen

11.01.2019
Freitag

UK: Trade union’s Deliveroo judicial review challenge fails

UK
The UK High Court (‘HC’) has dismissed a judicial review challenge to a finding by the Central Arbitration Committee (‘CAC’) that Deliveroo riders are not ‘workers’. The HC ruled that the riders are not in an ‘employment relationship’ for the purposes of European law. Ganzen Artikel lesen

02.11.2018
Freitag
Ius Laboris United Kingdom - Lewis Silkin LLP

UK: Ethnicity pay reporting

UK

On 11 October 2018 the UK government launched a consultation on proposals for ethnicity pay reporting. This article provides details of that consultation and highlights some of the difficulties with the proposed reporting arrangements. There is a trend in employment law towards transparency being used as a method of driving change. We see it in the ‘name and shame’ regime for National Minimum Wage contraventions, the new CEO pay ratio reporting regime, the publication of age demographic statistics suggested...

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21.09.2018
Freitag

UK/Ireland: Labour Court highlights risk of employees checking emails outside work

UK

An employee who regularly dealt with work email out of hours was awarded compensation in a recent decision of the Irish Labour Court. The case highlights employers’ duties relating to employee working hours and record keeping.    While the introduction of smartphones into our professional lives has meant the working day becoming increasingly flexible and fluid, the law on working time in Ireland has not caught up with the 24/7 work access that we now have....

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16.03.2018
Freitag
Ius Laboris United Kingdom - Lewis Silkin LLP

UK: Employment Law Review 2017

UK
The UK’s political landscape continues to be dominated by the shock 2016 referendum vote to leave the European Union. Following a surprise General Election in June 2017, prime minister Theresa May unexpectedly lost her parliamentary majority amid deep divisions about how the UK should approach Brexit. Against that backdrop, the Brexit negotiations between the UK and EU began in 2017 and will continue into 2018. This has meant that, as with many other areas, employment policy reform has taken something of a backseat. Nevertheless, employment law in the UK continues to change at pace. Ganzen Artikel lesen

26.01.2018
Freitag

UK, France, Ukraine: Accidents In The Workplace

UK 2017
This article provides an overview of the international occupational health and safety regulatory frameworks and the employer’s duties and potential penalties that exist in Ukraine, the UK and France. It was first published in International HR Adviser in January 2018. Ganzen Artikel lesen

27.10.2017
Freitag

Europe: International data transfers – are model clauses now under threat?

UK 2017
Max Schrems, an Austrian law student successfully brought a case to the European Court of Justice in 2015 that resulted in the “safe harbour” – an agreement that allowed the transfer of EU citizens’ data to the US - being declared invalid. Since then, transfers outside the EU have largely been conducted based on previously approved ‘model clauses’. But Mr Schrems has now brought a case to the Irish High Court questioning the adequacy of those clauses and the Court has been given approval to ask the European Court of Justice whether transfers based on them are adequately protected. Ganzen Artikel lesen

01.09.2017
Freitag

Taylor-made solutions for UK employment law?

UK 2017
A major, independent review of UK employment law, commissioned by the prime minister in October 2016, has published its long awaited report - the “Review of Modern Working Practices”, chaired by Matthew Taylor. Media coverage has focused on its implications for the “gig economy”, but the recommendations – if carried forward into legislation – will have profound implications for all employers in the UK. This will particularly apply to organisations using contractors, zero-hours workers and agency workers, but also more broadly in areas such as sick leave and flexible working. Ganzen Artikel lesen