Articles

Adjudication is not available for monetary claims by liquidators.

In a high court decision on 31 July 2018 in the matter of Michael J Lonsdale (Electrical) Limited-v-Bresco Electrical Services Limited [2018] EWHC 2043 (TCC) , the Honourable Mr Justice Fraser decided that “A company in liquidation cannot refer a...

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Court of Appeal decision means a significant change to the payment of national minimum wage for "sleep-in" shifts

The Court of Appeal’s decision in the combined cases of Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersand t/a Clifton House Residential Home [2018] (“ Royal Mencap ”) has altered the approach that should be taken to paying...

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Sufficiently regular voluntary overtime should be included when calculating holiday pay

In the case of Flowers v East of England Ambulance Trust , the Employment Appeal Tribunal affirmed the position that, where there is a pattern of working overtime which is “sufficiently regular” to count as part of an employee’s normal...

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No extension of the effective date of termination where an employee is dismissed for gross misconduct

To qualify for the right to claim unfair dismissal, employees must generally show that they have been continuously employed for at least two years. When an employer gives no notice or less than the minimum statutory notice, the effective date of termination...

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Hermes couriers deemed workers in further win for "Gig Economy" workers

In Leyland and others v Hermes Parcelnet Ltd the Employment Tribunal has found that the parcel delivery couriers were workers rather than self-employed contractors as the result of a “dependant work relationship”. This was in spite of their...

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Finding skilled workers - alternatives to Tier 2 visas

Kerry Garcia provides her expertise on alternatives to Tier 2 visas in finding skilled workers in this recent article in Personnel Today. Please see the full article here ....

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UK High Court holds that an entire agreement clause excludes liability for misrepresentation

Key takeaway An entire agreement clause may operate to exclude a claim for statutory misrepresentation even in the absence of a non-reliance provision. However it depends upon the drafting in question. So far as loan documentation is concerned, lenders and...

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Google at this - another record fine for the tech company

The European Commission has levied another record breaking fine on Google.  In July this year the European Commission fined the company €4.34 billion. It follows a fine on the company of €2.42 billion in June 2017 for allegedly abusing its...

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What the Brexit White Paper means for your business

Jackie Penlington provides her expertise on what was included in the release of the Brexit White Paper and how your business may be impacted.  Please see her recent article published in HRZone....

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The latest competition law developments in life sciences

It has been a busy time for competition law in the UK life sciences sector.  This note summarises the latest position on two of the most significant areas.   Excessive pricing – Pfizer, Flynn and the impact on the CMA’s current...

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The Geoblocking Regulation - what businesses need to know

The so-called Geoblocking Regulation (full title- Regulation (EU) 2018/302 of the European Parliament and the Council on addressing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or...

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The Business Contract Terms (Assignment of Receivables) Regulations 2018 - back for good?

In an illustration that if at first you don’t succeed, you should try and try again, the UK government has published a revised draft of the regulations designed to prohibit contractual clauses which prevent one party from assigning its right to payment...

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Court of Justice holds firm on restrictive approach to SPCs for combination products

Case: Teva UK Ltd and others v Gilead Sciences Inc . (case C-121/17 ) In a decision handed down on 25 July 2018 the Court of Justice of the European Union (CJEU) has confirmed that a Supplementary Protection Certificate (SPC) will only be available for a...

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Family-friendly leave for LGBT workers

Hollie Ryan and Camille Arnold look at family-friendly leave options open to LGBT workers and ways employers can better support them in their recent article in Personnel Today. Please see the full article in Personnel Today   here . ...

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Office for Life Sciences pledges £1.5 million for projects evaluating innovative NHS medical devices and diagnostics

The Office for Life Sciences is offering up to £1.5 million in funding as part of a competition open to business projects which evaluate the effectiveness of innovative medical devices, diagnostics and regulated digital technology within the NHS. The...

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Using technology to successfully diversify

Nicola Broadhurst and Angelica Lovell provide guidance to help retailers diversify in their recent article in A1 Retail. Please see the full article here ....

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Key considerations on creditor applications for an administration order: useful guidance from the High Court

Newbury Venture Capital Limited (in liquidation) v Berkshire Homes (Northern) Limited [2018] EWHC 938 (Ch) This case concerned a rare contested creditor application brought by Newbury Venture Capital Limited (“Newbury”) for an administration...

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Loan Market Association ("LMA") - an update on recent documentary developments

Super Senior/Senior ICA Earlier this year we wrote about how the LMA had updated its suite of super senior loan and intercreditor documentation.  The LMA has now gone one step further and recently pushed a new recommended form of intercreditor...

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Pre-export finance and prepayment finance - overview

Despite recent political and economic events we have seen an increase in volume of trade finance facilities, especially in pre-export finance and pre-payment finance over the months. This overview explains the structure, parties and risks that are involved...

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Free movement of people will end with the UK leaving the EU

A government white paper has confirmed an end to the free movement of people with Brexit. S&B's Jackie Penlington comments on how this may affect people and employers in recent articles listed below. HRZone Personnel Today People Management ...

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Status of EU citizens in the UK: new details of settled status scheme revealed

Further details have recently been published regarding the rights of EU citizens and their family members after Brexit, including details about the process for applying for settled or pre-settled status.  Broadly, EU citizens and their family members...

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Are you doing all you can to avoid a civil penalty?

Recent guidance from the Home Office shows civil penalties for illegal working totalling over £11 million were issued to businesses in just one quarter last year. How do you get a civil penalty and how can they be avoided?

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UK Supreme Court rules in favour of ISPs in landmark decision

S&B's Elaine O’Hare and Kate Maguire explain the ruling and implications for ISPs and brand owners in their recent article in ITProPortal. Please see the full article here ....

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Restricted COS crunch- some good news at last

It has been far more difficult in recent months for UK businesses to recruit non-EEA nationals. This is because, for the 7 th consecutive month, the quota on the number of people who can be sponsored by their employers for skilled roles requiring a...

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MEESly claims? What do Minimum Energy Efficiency Standards (MEES) mean for dilapidations claims for commercial property?

Landlords and tenants have been preparing to navigate the MEES regulations for some time, but since the regulations now apply to all new leases landlords and tenants can expect arguments about the MEES obligations to form part of the discussion over...

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EAT confirms that right of appeal should be given to employees who fail to demonstrate their continued right to work

In Afzal v East London Pizza Ltd t/a Dominos Pizza UKEAT/0265/17 the Employment Appeal Tribunal confirmed that where an employee was dismissed after he failed to evidence he still had the right to work in the UK, the employee should be given the right to appeal to allow an opportunity for him to prove that an extension application had in fact been made before his leave expired and that he therefore had the right to work in the UK.

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Duty to Report on payment practices legislation: a round table discussion

With Duty to Report in effect now for just over a year, S&B's Oliver Kidd joins a discussion panel organised by SAP Concur on the impact of this legislation, and what could be coming next. Please see the article summarising the panel's...

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An update on Brexit and IP rights for pharmaceutical companies

Charlotte Tillett and Kate Maguire with S&B provide an update on where we are with Brexit and IP rights in the pharmaceutical sector. Please see their  recent article in Pharmaceutical Market Europe (PME)....

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New London court designed to tackle cybercrime, fraud and economic crime

A brand new 18 courtroom building will be built in the City of London specifically designed to tackle cybercrime, fraud and economic crime, the government announced recently. It will be built on the site of Fleetbank House and is expected to be completed in...

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Discrimination Arising from Disability: A cautionary tale for employers

In the case of City of York Council v Grosset the Court of Appeal considered whether an employer was liable for discrimination arising from disability when it dismissed a disabled employee for gross misconduct without knowing that the misconduct arose from...

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