Articles

There has been much industry debate around the most appropriate legal basis for the processing of personal data in connection with clinical trials, in light of the GDPR and the Clinical Trials Regulation (CTR).  National ethics committees and regulatory...

In the 2018 Budget, the Government proposed the introduction of legislation to make HMRC a secondary preferential creditor for certain categories of tax debts. The proposed changes are controversial in that they would, to some extent, reverse the changes...

Significant changes to the Tier 1 (Investor) route were announced and came into force from 29 March 2019. This route enables high net worth individuals to live in the UK provided they invest a minimum of £2 million of their own funds into specified UK...

New Innovator category replaces Tier 1 (Entrepreneur) category With effect from 29 March 2019, the new Innovator category replaced the previous Tier 1 (Entrepreneur) category. The new Innovator route is aimed at experienced business people who have...

The Government has recently published changes to the Immigration Rules and guidance.  Students switching into Tier 2 (General) There are some welcome changes for those employers who wish to sponsor students who are currently on Tier 4 leave....

The High Court recently ruled that the Government’s Right to Rent scheme causes racial discrimination in breach of the European Convention on Human Rights. The scheme, which was introduced in England in 2016, requires all private landlords to check the...

The Home Office published its updated list of application fees, which apply from 29 March 2019 onwards. Going against the trend of recent years, there have not been significant annual increases across the board and most immigration application fees remain...

British citizens are used to travelling to Europe with very little formality at borders. Most EU countries are members of the Schengen Agreement, which removes passport checks and controls at the borders within the Schengen area. Provided they have a valid...

Anyone holding British nationality and another nationality must ensure that the name on their non-British passport matches the name on their British passport. In particular, the UK Passport Office will not issue a British passport in one surname where the...

Summary Where a “provision, criterion or practice” applied by an employer puts a disabled employee at a substantial disadvantage, the Equality Act 2010 requires the employer to make reasonable adjustments to overcome that disadvantage. The...

In Albatel Limited v HMRC the First Tier Tax Tribunal held that the provision of Lorraine Kelly’s services to ITV through her personal services company did not fall within the IR35 regime as a hypothetical direct contract between Ms. Kelly and ITV...

The Employment Appeal Tribunal (EAT) has held that an openly gay head teacher was constructively dismissed following a flawed disciplinary process that had considered whether he had brought the school into disrepute by having sex with two 17 year old boys....

The Employment Appeal Tribunal has confirmed in its decision in Grange v Abellio London Ltd that compensation for personal injury may be available where an employer has failed to provide statutory rest breaks and the employee has suffered physical...

On 6 March 2019, the Court of Appeal handed down judgment in Chudley & Ors v Clydesdale Bank PLC (T/A Yorkshire Bank) [2019] EWCA Civ 344.  The decision looks at the scope of duties owed by banks to non-customers and more generally it illustrates...

M Restaurants and Travelodge are amongst some of the first employers in the hospitality sector to announce changes to their recruitment strategies and pay scales in a bid to address the growing skills shortage and become a more attractive career option....

The Apprenticeship Levy (the “AL”) was first introduced on 6 April 2017 with the objective of creating 3 million new apprenticeships by 2020. It was hoped that the scheme would assist employers in addressing skills shortages and continuing to...

Background Where an employer suspends an employee without reasonable and proper cause this can amount to a breach of the implied term of mutual trust and confidence. Employers must, therefore, ensure that suspension is not a routine response or knee jerk...

From 6 April 2019 the maximum penalty an Employment Tribunal is able to order against a losing employer will quadruple from £5,000 to £20,000 in cases where it is found that an employer has breached any of the workers’ rights to which a...

New guidance has been published in relation to the EU Medical Device Regulation (the “MD Regulation”) and the EU In vitro Diagnostics Regulation (the “IVD Regulation”) (together, the “Regulations”), which entered into...

April sees an increase in a number of rates and limits of relevance to employers, including compensation for unfair dismissal, redundancy pay, national minimum wage, statutory sick pay and statutory family leave pay. Details of the most notable changes are...

With all of the current uncertainty regarding the Brexit process, it is perhaps not surprising that many European nationals are still unaware how Brexit will affect them.  Whether there is a deal or no deal, European nationals currently living in the UK...

On 21 March 2019 the Court of Justice (CJEU) confirmed that no Supplementary Protection Certificate (SPC) is available for new formulations of old active ingredients which have been the subject of previous marketing authorisations.  The Court emphasised...

Under the Working Time Regulations, workers are entitled to a 20 minute uninterrupted rest break if they work for more than 6 hours. In certain special cases, where a 20 minute rest break is not possible, workers are instead entitled to compensatory...

The recent Employment Appeal Tribunal (“EAT”) decision in Spaceman v ISS Mediclean Ltd (t/a ISS Facility Service Healthcare) confirmed that the statutory concept of automatic unfair dismissal does not extend to circumstances where the reason...

In London Underground Ltd v Amissah, the Court of Appeal held that the hirer, London Underground Ltd, was liable to pay compensation to agency workers relating to a breach of equal pay legislation, despite the fact it had already paid the monies to the...

The Court of Appeal has confirmed in Hare Wines Ltd v Kaur that where existing concerns about an employee’s working relationships meant that the purchaser of the business in which she worked was reluctant to take her on, the sole or principal reason...

The High Court has provided some useful guidance in relation to the Commercial Agency Regulations 1993 (the Regulations) in the recent case of Green Deal Marketing Southern Ltd v Economy Energy Trading Ltd. The Regulations broadly allow rights to commercial...

A City law firm has successfully obtained an interim non-disclosure injunction to protect the identities of employees who had raised grievances about sexual assault. The interim injunction was sought against a former employee who intended to share his...

Following on from its sector-wide investigation into accommodation booking platforms’ practices, the Competition and Markets Authority (CMA) has published its concerns and principles which it expects online accommodation booking websites to apply. The...

The Department of Transport (DoT) has recently announced the publication by the British Standards Institute (BSI) of a new cybersecurity standard for the manufacture of self-driving vehicles. The cybersecurity standard (PAS 1885:2018) has been funded by the...