At these events we present an overview of what we consider to be the most significant developments in 2018, and what they teach us about managing your workforce – together with our practical tips.
We also discussed what is coming up in 2019, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- case Law updates on worker status and the ‘gig economy’
- Brexit – Impact on EEA Workers
- immigration
- taxation and PILON Clauses
- discrimination updatewWhistleblowing and Vicarious Liability updates
- tribunal fees and the Law Commission Consultation
- what's coming up in 2019
For further information and training visit our webpage - https://www.brownejacobson.com/sectors-and-services/services/employment
An essential guide to UK employment law for everyone involved in managing people.
It covers contracts of employment, employment rights, pay and hours, holidays, family matters, flexible working, trades unions, equality and discrimination, changing terms and conditions, dismissal, discipline and grievance, redundancy, redundancy payments, consultation, employment tribunals, and collective labour law.
This presentation visualizes the impact the Employment Relations Amendment Bill will have on affected employees all across in New Zealand if passed as proposed by Bill English.
The LABOR CODE made EASY (by Atty. PoL Sangalang)PoL Sangalang
The LABOR CODE made EASY (by Atty. Apollo X.C.S. Sangalang).
This is the slide presentation of Atty. PoL Sangalang in his talk at the event "LAW AND ORDER: Enhancing Knowledge On The Labor Code Of The Philippines" organized by the Thomasian Junior Association for People Management of the University of Sto. Tomas - Human Resources Development Management (UST-HRDM) on September 20, 2013 at the Albertus Magnus (Education) Auditorium, UST Campus, Manila.
An essential guide to UK employment law for everyone involved in managing people.
It covers contracts of employment, employment rights, pay and hours, holidays, family matters, flexible working, trades unions, equality and discrimination, changing terms and conditions, dismissal, discipline and grievance, redundancy, redundancy payments, consultation, employment tribunals, and collective labour law.
This presentation visualizes the impact the Employment Relations Amendment Bill will have on affected employees all across in New Zealand if passed as proposed by Bill English.
The LABOR CODE made EASY (by Atty. PoL Sangalang)PoL Sangalang
The LABOR CODE made EASY (by Atty. Apollo X.C.S. Sangalang).
This is the slide presentation of Atty. PoL Sangalang in his talk at the event "LAW AND ORDER: Enhancing Knowledge On The Labor Code Of The Philippines" organized by the Thomasian Junior Association for People Management of the University of Sto. Tomas - Human Resources Development Management (UST-HRDM) on September 20, 2013 at the Albertus Magnus (Education) Auditorium, UST Campus, Manila.
The Contract of Employment in Ireland-Employment Rights in Irish Employment LawTerry Gorry
http://EmploymentRightsIreland.com The contract of employment is the basis of the employer/employee relationship in Irish employment law.This looks at the employment contract from the perspective of employers and employees in Ireland
At these events we present an overview of what we consider to be the most significant developments in 2018, and what they teach us about managing your workforce – together with our practical tips.
We also discussed what is coming up in 2019, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- case Law updates on worker status and the ‘gig economy’
- Brexit – Impact on EEA Workers
- immigration
- taxation and PILON Clauses
- discrimination updatewWhistleblowing and Vicarious Liability updates
- tribunal fees and the Law Commission Consultation
- what's coming up in 2019
For further information and training visit our webpage - https://www.brownejacobson.com/sectors-and-services/services/employment
At these events we present an overview of what we consider to be the most significant developments in 2018, and what they teach us about managing your workforce – together with our practical tips.
We also discussed what is coming up in 2019, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- case Law updates on worker status and the ‘gig economy’
- Brexit – Impact on EEA Workers
- immigration
- taxation and PILON Clauses
- discrimination updatewWhistleblowing and Vicarious Liability updates
- tribunal fees and the Law Commission Consultation
- what's coming up in 2019
For further information and training visit our webpage - https://www.brownejacobson.com/sectors-and-services/services/employment
At these events we present an overview of what we consider to be the most significant developments in 2018, and what they teach us about managing your workforce – together with our practical tips.
We also discussed what is coming up in 2019, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- case Law updates on worker status and the ‘gig economy’
- Brexit – Impact on EEA Workers
- immigration
- taxation and PILON Clauses
- discrimination updatewWhistleblowing and Vicarious Liability updates
- tribunal fees and the Law Commission Consultation
- what's coming up in 2019
For further information and training visit our webpage - https://www.brownejacobson.com/sectors-and-services/services/employment
The “Course Topics” series from Manage Train Learn and Slide Topics is a collection of over 4000 slides that will help you master a wide range of management and personal development skills. The 202 PowerPoints in this series offer you a complete and in-depth study of each topic. This presentation is on "Fair Dismissal".
The Department of Labor, (DOL) currently administers and enforces more than 180 federal laws. These laws cover a multitude of work place activities; affecting 10 million employers and their estimated 125 million employees. This information will acquaint you with some of the major labor laws, such as FMLA, ADA, and FLSA.
This webinar was posted on February 29, 2012 and presented by Nancy Edwards, SPHR, HR Manager.
Updates on Labor Law and Jurisprudence (Philippines) February 15, 2013PoL Sangalang
"Updates on Labor Law and Jurisprudence (Philippines)". These are the presentation slides used by Atty. Apollo X.C.S. Sangalang in his lecture delivered on February 15, 2013 at the AIM Conference Center, Makati City, Philippines at the event sponsored by Ariva! Events Management, Inc. and the Rotary Club of Makati McKinley, RI District 3830.
Employment Law Update: essential updates and practical guidance for employersPat Coyle
A broad-ranging presentation focussed on keeping you up to date with current Employment Law and the effect that legislative changes and case law may have on your business or workplace
At these events we present an overview of what we consider to be the most significant developments in 2018, and what they teach us about managing your workforce – together with our practical tips.
We also discussed what is coming up in 2019, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- case Law updates on worker status and the ‘gig economy’
- Brexit – Impact on EEA Workers
- immigration
- taxation and PILON Clauses
- discrimination updatewWhistleblowing and Vicarious Liability updates
- tribunal fees and the Law Commission Consultation
- what's coming up in 2019
For further information and training visit our webpage - https://www.brownejacobson.com/sectors-and-services/services/employment
Evelyn was asked to speak before 50 women at the Business Women's Network of York Region November event. She prepared and presented a short primer of employment law as it effects employers, including dealing with such topics as: employment agreements; termination clauses; just cause; bad faith; applicable legislation.
At these events we present an overview of what we consider to be the most significant developments in 2017, and what they teach us about managing your workforce – together with our practical tips.
You will also hear about what is coming up in 2018, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- mental health issues in the workplace
- "hidden" disabilities
- the gender pay gap
- the gig economy and the Taylor review
- tribunal fees and the implications for UK employers
- discrimination update
- what's coming up in 2018.
At these events we present an overview of what we consider to be the most significant developments in 2017, and what they teach us about managing your workforce – together with our practical tips.
You will also hear about what is coming up in 2018, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- mental health issues in the workplace
- "hidden" disabilities
- the gender pay gap
- the gig economy and the Taylor review
- tribunal fees and the implications for UK employers
- discrimination update
- what's coming up in 2018.
The Contract of Employment in Ireland-Employment Rights in Irish Employment LawTerry Gorry
http://EmploymentRightsIreland.com The contract of employment is the basis of the employer/employee relationship in Irish employment law.This looks at the employment contract from the perspective of employers and employees in Ireland
At these events we present an overview of what we consider to be the most significant developments in 2018, and what they teach us about managing your workforce – together with our practical tips.
We also discussed what is coming up in 2019, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- case Law updates on worker status and the ‘gig economy’
- Brexit – Impact on EEA Workers
- immigration
- taxation and PILON Clauses
- discrimination updatewWhistleblowing and Vicarious Liability updates
- tribunal fees and the Law Commission Consultation
- what's coming up in 2019
For further information and training visit our webpage - https://www.brownejacobson.com/sectors-and-services/services/employment
At these events we present an overview of what we consider to be the most significant developments in 2018, and what they teach us about managing your workforce – together with our practical tips.
We also discussed what is coming up in 2019, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- case Law updates on worker status and the ‘gig economy’
- Brexit – Impact on EEA Workers
- immigration
- taxation and PILON Clauses
- discrimination updatewWhistleblowing and Vicarious Liability updates
- tribunal fees and the Law Commission Consultation
- what's coming up in 2019
For further information and training visit our webpage - https://www.brownejacobson.com/sectors-and-services/services/employment
At these events we present an overview of what we consider to be the most significant developments in 2018, and what they teach us about managing your workforce – together with our practical tips.
We also discussed what is coming up in 2019, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- case Law updates on worker status and the ‘gig economy’
- Brexit – Impact on EEA Workers
- immigration
- taxation and PILON Clauses
- discrimination updatewWhistleblowing and Vicarious Liability updates
- tribunal fees and the Law Commission Consultation
- what's coming up in 2019
For further information and training visit our webpage - https://www.brownejacobson.com/sectors-and-services/services/employment
The “Course Topics” series from Manage Train Learn and Slide Topics is a collection of over 4000 slides that will help you master a wide range of management and personal development skills. The 202 PowerPoints in this series offer you a complete and in-depth study of each topic. This presentation is on "Fair Dismissal".
The Department of Labor, (DOL) currently administers and enforces more than 180 federal laws. These laws cover a multitude of work place activities; affecting 10 million employers and their estimated 125 million employees. This information will acquaint you with some of the major labor laws, such as FMLA, ADA, and FLSA.
This webinar was posted on February 29, 2012 and presented by Nancy Edwards, SPHR, HR Manager.
Updates on Labor Law and Jurisprudence (Philippines) February 15, 2013PoL Sangalang
"Updates on Labor Law and Jurisprudence (Philippines)". These are the presentation slides used by Atty. Apollo X.C.S. Sangalang in his lecture delivered on February 15, 2013 at the AIM Conference Center, Makati City, Philippines at the event sponsored by Ariva! Events Management, Inc. and the Rotary Club of Makati McKinley, RI District 3830.
Employment Law Update: essential updates and practical guidance for employersPat Coyle
A broad-ranging presentation focussed on keeping you up to date with current Employment Law and the effect that legislative changes and case law may have on your business or workplace
At these events we present an overview of what we consider to be the most significant developments in 2018, and what they teach us about managing your workforce – together with our practical tips.
We also discussed what is coming up in 2019, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- case Law updates on worker status and the ‘gig economy’
- Brexit – Impact on EEA Workers
- immigration
- taxation and PILON Clauses
- discrimination updatewWhistleblowing and Vicarious Liability updates
- tribunal fees and the Law Commission Consultation
- what's coming up in 2019
For further information and training visit our webpage - https://www.brownejacobson.com/sectors-and-services/services/employment
Evelyn was asked to speak before 50 women at the Business Women's Network of York Region November event. She prepared and presented a short primer of employment law as it effects employers, including dealing with such topics as: employment agreements; termination clauses; just cause; bad faith; applicable legislation.
At these events we present an overview of what we consider to be the most significant developments in 2017, and what they teach us about managing your workforce – together with our practical tips.
You will also hear about what is coming up in 2018, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- mental health issues in the workplace
- "hidden" disabilities
- the gender pay gap
- the gig economy and the Taylor review
- tribunal fees and the implications for UK employers
- discrimination update
- what's coming up in 2018.
At these events we present an overview of what we consider to be the most significant developments in 2017, and what they teach us about managing your workforce – together with our practical tips.
You will also hear about what is coming up in 2018, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- mental health issues in the workplace
- "hidden" disabilities
- the gender pay gap
- the gig economy and the Taylor review
- tribunal fees and the implications for UK employers
- discrimination update
- what's coming up in 2018.
At these events we present an overview of what we consider to be the most significant developments in 2017, and what they teach us about managing your workforce – together with our practical tips.
You will also hear about what is coming up in 2018, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- mental health issues in the workplace
- "hidden" disabilities
- the gender pay gap
- the gig economy and the Taylor review
- tribunal fees and the implications for UK employers
- discrimination update
- what's coming up in 2018.
At these events we present an overview of what we consider to be the most significant developments in 2017, and what they teach us about managing your workforce – together with our practical tips.
You will also hear about what is coming up in 2018, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- mental health issues in the workplace
- "hidden" disabilities
- the gender pay gap
- the gig economy and the Taylor review
- tribunal fees and the implications for UK employers
- discrimination update
- what's coming up in 2018.
At these events we present an overview of what we consider to be the most significant developments in 2017, and what they teach us about managing your workforce – together with our practical tips.
You will also hear about what is coming up in 2018, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- mental health issues in the workplace
- "hidden" disabilities
- the gender pay gap
- the gig economy and the Taylor review
- tribunal fees and the implications for UK employers
- discrimination update
- what's coming up in 2018.
Blake Lapthorn's annual employment law update was held on 24 and 25 November 2009. The workshop covered five of the current hot HR topics:
- Stringer – how to calculate holiday entitlement during periods of long-term sick leave has been a headache for employers for many years.
- Equality Bill – new legislation will simplify existing discrimination law by consolidating it into one Act.
- Changing terms and conditions – the current economic climate is forcing many businesses to think creatively about the terms and conditions of their staff.
- Compromise agreements/constructive dismissal – compromise agreements are an effective legal tool for securing final settlement with departing employees. However, handled incorrectly, compromise agreements lead to more difficulties than they solve.
Small Claims 2017: Essential Law, Winning Strategies for Lawyers & Paralegals Evelyn Perez Youssoufian
An employment law primer for paralegals and lawyers, including: Jurisdiction, Possible Claims, Human Rights, Employment Contracts, Wrongful Dismissal, including how to calculate reasonable notice
Staying up to date on the latest changes in employment law is critical for any business owner or HR professional to avoid expensive legal complications, ensure regulatory compliance and cultivate a positive workplace culture.
Our Employment Solicitors, Joanna Smye and Claire Berry deliver a pre-recorded and on demand update webinar that discusses the most important employment law changes on the horizon for 2023/24, reviews key cases from the last six months and provides practical advice on the important learning points to take away.
powerpoint slides to an employment law update seminar delivered by my employment law team and me to HR professionals, directors and employment agencies
Employment Law Webinar - Scrase Employment Solicitors.
This webinar was presented on 15 July 2020 and deals with the practical issues that UK employers need to be aware of in dealing with the impact of Coronavirus in the workplace. There are two sections dealing with the return to work and restructuring the workforce. A recording of the webinar is available at https://youtu.be/lwGsHRky218
Employment law update - Browne Jacobson Exeter - 06 February 2020Browne Jacobson LLP
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR Managers and HR Directors.
At these events we will present an overview of what we consider to be the most significant developments in 2019, and what they teach us about managing your workforce – together with our practical tips.
You will also hear about what is coming up in 2020, and how you can get ready for what will be another busy year in employment law.
Earlier this year Edward Timpson’s review on school exclusions raised the profile of the practice of exclusions, managed moves and alternative provision. Head teachers and governors are now under increasing scrutiny to conduct the end-to-end process in a fair and consistent manner (and in line with the statutory guidance) to ensure that the best possible outcome for the school, its staff, its pupils and the parents is achieved.
In this webinar, Senior Associate Hayley O’Sullivan, explores the current exclusions landscape, looks at prospective changes to policy and practice and share examples of best practice to help you avoid common pit-falls when it comes to managing exclusions.
Hayley also provides an overview to the existing statutory guidance, proposed developments in relation to managed moves and alternative provision and share her thoughts on the anticipated changes in regulation as a result of the review.
Local authority acquisition and disposal of land - July 2019Browne Jacobson LLP
Ongoing austerity requires authorities to “sweat their assets” and land holdings are a significant focus for the generation of revenue and capital. These slides cover commercial and public law considerations in relation to:
- Powers to acquire land
- Powers to invest through land acquisition including investment purchases
- Potential barriers to disposal
- Powers to appropriate land
- Planning permission
- Powers to dispose of land
- Pre-conditions relating to disposal of land
- A capital receipt or a revenue stream
- Development vehicles and options
- Who do you need to be able to satisfy as to the legality of land transactions
Your employees, their future employers, and your intellectual property - July...Browne Jacobson LLP
Innovation and creativity is driven by your people. How do you as a business encourage innovation, capture the relevant IP assets and reward your innovators? What happens when a key individual leaves the business – how do you ensure that your R&D crown jewels remain legitimately protected? In a market of ever increasing competitive collaboration, setting up the right strategy to ensure the appropriate safeguards are in place and are communicated to your employees is important.
At this Public Sector Planning Club we reviewed:
- Recent developments in planning law, including cases and guidance
- Consideration of the use of planning conditions, including the appropriate use of pre-commencement conditions
- The powers available for stopping up and diverting highways, when these may be used, and points to consider
Browne Jacobson, Deloitte and DoctorLink are pleased to invite you to our first joint health tech seminar with leading industry thought leaders. This will be a practical session, sharing experience from across the NHS and beyond to inform options on how to improve services, break down silos and focus on population health outcomes.
This event is exclusively for Commissioners, GPs, and Policymakers keen to understand how new integrated care systems and models of care can meet the needs of their local population and can be implemented pragmatically and affordably to drive improvement goals and achieve better health, better care and better value.
Education Law Conference Manchester - Monday 10 June 2019Browne Jacobson LLP
Designed to inform, challenge and enliven your perspectives, our packed agenda was designed to provide innovative ideas and fresh perspectives. With a headline session on the management of transgender children needs within a school setting, we aim to provide you with the advice and guidance that the sector currently lacks.
Other topics included:
learning from child death inquests
good governance – so much more than compliance
managing difficult parents and their complaints.
Designed to inform, challenge and enliven your perspectives, our packed agenda was designed to provide innovative ideas and fresh perspectives. With a headline session on the management of transgender children needs within a school setting, we aim to provide you with the advice and guidance that the sector currently lacks.
Other topics included:
learning from child death inquests
good governance – so much more than compliance
managing difficult parents and their complaints.
The IICSA has a number of investigative streams, and one of its areas of focus is Accountability and Reparations. It has already recommended that the Government sets up a Payment Scheme for former Child Migrants, and the Government has acted upon it.
Is a redress scheme the way forward for abuse claims? How might it impact your organisation? We are helping more and more organisations explore the pros and cons of redress schemes so that they can decide whether a scheme is right for them and what the longer term impacts might be.
Our Birmingham Claims Club event will cover the following:
- Civil Liability Act 2018
- Freedom of Information Act requests - including 'Information Law, why is it relevant?'
- Brexit and local government
Our London Claims Club event will cover the following:
- Civil Liability Act 2018
- Freedom of Information Act requests - including 'Information Law, why is it relevant?'
- Brexit and local government
Our Admin and Public Law seminar, chaired by Sir Robert Devereux, former Permanent Secretary for the Department for Work and Pensions was held on Thursday 4 April, covering the following topics:
- 'wearing two hats' - managing the legal risks of conflicts of interest and allegations of pre-determination/bias
- information law update session - freedom of information (FOI) cases, General Data Protection Regulation (GDPR)
- case law update
- judicial review - tactics for dealing with judicial review and case law
In this webinar recording, Selina Hinchliffe, Alex Kynoch, Nick Smee and Helen Jones hold a panel discussion covering some of the key state aid concepts and how this impacts ownership and licensing of intellectual property, both from a commercial partner, public body and university perspective.
Whilst you’ve been distracted with Brexit and what that means for your business, you’ve probably missed some significant changes in the law. In our March forum we covered:
- contract changes (what they mean to your supply chain, customers and suppliers)
- data protection (the challenges of becoming a 'third country')
- legal privilege and internal investigations (practical tips following SFO V ENRC)
- employment law (changes to employment law you need to be aware of)
- banking - your banking covenants (what to be aware of - particularly in the event of a downturn ahead)
- property (end of lease issues for business owners).
For further training and resources visit our webpage - https://www.brownejacobson.com/sectors-and-services/sectors/in-house-legal
Every business, and every in house lawyer, will at some point be involved with an enquiry, an investigation, or potential litigation. During litigation, documents – including emails, attendance notes and reports – which are relevant to the litigation may have to be disclosed if they are not privileged.
So businesses need to know how it can assess litigation risk or conduct an enquiry without creating documents that it then has to produce and which may be detrimental to its position. The law on this issue has recently been considered by the Court of Appeal in two key cases: WH Holding Ltd v E20 Stadium LLP and SFO v Eurasian Natural Resources Corp Ltd.
In this webinar recording, our experts Mark Daniels and Helen Simm provide you with the key information you need to identify these issues when they arise and to know how you can best protect your position.
We are all waiting with bated breath for the Supreme Court decision in CN & GN, a case which will have a huge practical impact on service providers. Previously the Court of Appeal was dismayed about the damages claims, that had been litigated with little regard to, or understanding of, the law and reality of social care practice. Some of the team involved in the case discus what might happen next, and analyse the practical effect for you of the Supreme Court judgment.
Whilst that judgment has been awaited many claims have been on ice, but to fill that gap we are seeing many of our clients being affected by:
- pressure to consider Redress Schemes
- the Independent Inquiry into Child Sexual Abuse
- claims being brought directly against them as fostering agencies
- claims under the Human Rights Act
- issues following the implementation of GDPR.
For further information and training visit our webpage - https://www.brownejacobson.com/insurance
In this practical session we explored the legal duties of directors and the difficulties which they may face. The session focussed on individuals who are directors for public sector companies, including their role, obligations and competing interests which may arise.
At our February planning club we covered the following topics:
- planning performance agreements
- expert evidence in planning inquiries
- certificates of lawful use.
For further information and training visit our webpage - https://www.brownejacobson.com/sectors-and-services/sectors/public-sector
Mental health, capacity and deprivation of liberty case law update, February ...Browne Jacobson LLP
Rebecca Fitzpatrick looks at some of the most recent leading cases in relation to the Mental Health Act and Deprivation of Liberty, including the Supreme Court’s important decisions of 'MM' and 'PJ' which consider the interaction between the Mental Health Act and deprivation of liberty in the community. Rebecca also covered the subsequent case of 'AB' which focuses on the role of the High Court’s inherent jurisdiction in these types of cases, and the recent final report from the Mental Health Act independent review chaired by Professor Sir Simon Wessely.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
2. Today’s Session
1. Employment Status – case law update on worker status and gig economy
2. Brexit and Immigration Update
3. Taxation and PILON Clauses
4. Discrimination Update
5. Whistleblowing Case Update
6. Vicarious Liability Case Update
7. Employment Tribunal Fees – Law Commission Consultation
8. Looking forward – 2019 and beyond…
1. Pay Gap Reporting
2. Harassment Code of Practice
3. Taxation and IR35
4. Legislative Changes
4. Pimlico Plumbers Limited v Gary Smith 2018
(Supreme Court)
— Supreme Court held that Mr Smith who worked under a
contract describing him as an “independent contractor”
was in fact a worker
— Use of “you” and “your” indicated personal performance
5. Uber BV v Aslam & ors – Court of Appeal
- Last year we covered the ET decision in Aslam & Farrar v Uber and
the EAT’s decision to dismiss Uber’s appeal in November 2017
- Court of Appeal upheld the EAT’s decision on 19 December 2018 – Uber
drivers are to be properly regarded as workers BUT..
- Leave to appeal to the Supreme Court has been granted
6. Reform – the ‘Good Work Plan’
— Last year we looked at the Taylor Review that was published in July
2017 and its recommendations
— 17 December 2018, the Government announced it would take forward
51 of the 53 recommendations contained within the review report
— What do the proposals include?
– Changes to continuity of service
– Changes to holiday pay calculations
– Extending the right to a written statement of terms and conditions
7. Impact of Changes
— There is currently no draft legislation but the Government has introduced
the first three statutory instruments:
— The Employment Rights (Miscellaneous Amendments) Regulations 2019
— The Employment Rights (Employment Particulars and Paid Annual
Leave) (Amendment) Regulations 2018
— The Agency Workers (Amendment) Regulations 2019
8. So what?
— Clarity?
— Rise in claims?
— Less Flexibility/Increased pressure on Employers?
10. Brexit - the impact on EU citizens
— What is the EU Settlement
Scheme?
— What do we/our staff need to
do?
— What does our future look like?
11. EU Settlement Scheme
— To enable EU citizens and “close family” to live and work
permanently in the UK after Brexit
— Settled status
— Pre-settled status
14. Key dates
Third phase trial
open to the public
21 January 2019
Scheme rolled out
fully
30 March 2019
Last Date for
Residency
31 December 2020
Last date for
application
30 June 2021
15. What if there is a no deal Brexit?
— Policy Paper published December
2018
— Commitment to the Scheme but
with some changes
— MPs vote on Brexit deal - 15
January 2019
17. Immigration post-Brexit
— White Paper - published December 2018
— Outlines proposals for a new immigration system following the
Implementation Period
— End of free movement
— Applies to all migrants irrespective of nationality
18. The White Paper
— Published 19 December 2018
— Sets out Government’s plan for immigration after Brexit
— Key proposals include:
– requirement to obtain a Licence to Sponsor for all those employers who
want to recruit skilled workers
– scrapping current annual cap on the number of skilled workers coming to
the UK
– introduction of a temporary short-term visa
– the Immigration Skills Charge will be retained but reviewed
19. Implementation of changes
— Applicable from end of
Implementation Period
— Time intensive to plan
/legislate/consult
— Anticipate it will be in phases
and developed over next 12
months
20. What employers should do now
— Look at recruitment and training
strategy
— Communicate with employees
— Apply for a Sponsor Licence
— Participate in consultation
— Update right to work checks
21. Right to Work checks
— Update checks and review
systems in place
— Use the Employer Checking
Service
22. So what? Impact of the White Paper
— Salary pressures
— What about a no Brexit scenario?
24. Tax treatment of PILON clauses
— Contractual Provision no longer necessary
— As of 06 April 2018, all payments in lieu of notice will be subject to
income tax
— Complex calculation as employers are required to calculate how much
of the termination payment is taxable as earnings
25. Taxation
— Redundancy pay and enhanced redundancy pay taxed?
— Injury to Feelings Awards taxed?
– Moorthy v HMRC [2018] EWCA Civ 847
27. Direct Discrimination
Chief Inspector of Education, Children's Services and Skills v
Interim Executive Board of Al-Hijrah School (Court of Appeal)
— Pupils in school were segregated by gender from Year 5
— Ofsted inspection rated school ‘inadequate’, because
segregation policy:
– constituted less favourable treatment for both boy and girl
pupils who could not learn and socialise; and
– was a particular detriment to girls as they had the minority
of power in society and amounted to an expressive harm by
implying that girls were inferior to boys
28. Direct Discrimination
Chief Inspector of Education, Children's Services and Skills v
Interim Executive Board of Al-Hijrah School (Court of Appeal)
— CoA held that that this was direct discrimination because:
– from perspective of an individual pupil, a girl pupil was
treated less favourably than a boy pupil and vice versa
– Each pupil was denied the opportunity to mix with the
opposite sex
– discrimination was based on protected characteristic of sex
29. Unfavourable Treatment
Awan v ICTS UK Ltd EAT 0087/18
— Claimant had a contractual entitlement to 6 months sick pay
followed by an entitlement to disability income of two thirds
of full pay “until the earlier date of your return to work,
death or retirement”
— Claimant was subsequently dismissed following a capability
procedure
30. Unfavourable Treatment
Awan v ICTS UK Ltd EAT 0087/18
— Respondent was in breach of implied term of the
contact that prevented dismissal on the grounds of
capability
— It is contrary to the purpose of a disability income
scheme if the employer may dismiss the employee
in the specific circumstances in which the benefit
would be paid.
31. Perceived disabilities & discrimination
Chief Constable of Norfolk v Coffey UKEAT/0260/16
— Claimant was a police constable in Wiltshire, who had some hearing
loss which placed her outside national standards for hearing loss
— On applying for a transfer to Norfolk Constabulary, her application
was rejected because she did not meet national standards
— Coffey brought a claim in the ET, asserting she had been directly
discriminated against on the basis of a perceived disability
— ET upheld the claims and Norfolk Constabulary subsequently
appealed to the EAT
32. Perceived disabilities & discrimination
Chief Constable of Norfolk v Coffey UKEAT/0260/16
— EAT held:
– ET had been entitled to hold that the decision amounted to
direct discrimination
– a person with the same abilities as Mrs Coffey, whose
condition the employer did not perceive to be likely to
deteriorate so that they would require restricted duties,
would not have been treated as Mrs Coffey was
33. Supreme Court defines ‘unfavourable
treatment’
Williams v Trustees of Swansea University Pension and
Assurance Scheme (and anor.)
— Williams retired due to ill-health at age 38 and received a
pension without any actuarial reduction
— Pension was calculated based on final salary
– this was a part-time salary, following earlier reduction in
hours due to his ill health
— Williams brought claim for ‘discrimination arising from
disability’
34. Supreme Court defines ‘unfavourable
treatment’
Williams v Trustees of Swansea University Pension and
Assurance Scheme (and anor.)
— ‘unfavourable treatment’ is not the same as ‘detriment’
— treatment which is advantageous to someone with a disability
cannot also be held to be ‘unfavourable’ because it is not
sufficiently advantageous
35. Discrimination on grounds of sexual orientation
Lee v Ashers Baking Company Ltd and ors 2018 IRLR 1116 (Supreme
Court)
— Christian owners of a baker refused to supply a cake (to Mr Lee who
himself was gay) featuring the message ‘Support Gay Marriage’
— SC held that this was not discrimination, because the bakery owners
objection was to the message on the cake rather than the sexual
orientation of the individual ordering the cake
37. Reminder of the Law (1)
— Dismissal of an employee / worker automatically
unfair if the reason, or principal reason, for their
dismissal/detriment is that they have made a
"protected disclosure" (e.g. applies to locums too)
— No cap on compensation and no requirement for a
minimum period of service
38. Reminder of the Law (2)
— Must be a qualifying disclosure?
– Disclosure of information. The worker must make a disclosure of
information. Merely gathering evidence or threatening to make a
disclosure is not sufficient.
– Subject matter of disclosure. The information must relate to one
of six types of "relevant failure"
– Public interest the worker must have a reasonable belief that
the disclosure is in the “public interest”.
— And also a protected disclosure
– The identity of the person to whom disclosure is made.
Internal/external disclosure
39. Reminder of the Law (3)
— Good faith – requirement for the disclosure to be made in
good faith removed in the 2013 amendments to the legislation
meaning good faith is now only relevant to compensation
— Malicious complaints – honest but mistaken belief is
recognised in the case law; how do you prove malice and
what message does disciplining your staff send?
40. Reminder of the Law (4)
— Amendments to the law on whistleblowing
– strengthening law on recruiting whistleblowers
– Uncapped compensation
– Recommendations – additional penalties if these are not
complied with
– Potential for High Court action for breach of statutory duty
– including injunctions to restrain discriminatory conduct
41. So what?
— If not listened to internally people will make their voice heard
externally…so investigate + respond
— Review your own policies
— Train your staff
— Make it easy to raise concerns
— Have your internal/external “go to” investigators and keep
delay to a minimum
42. Financial and reputational risks
– No cap on compensation
– Stigma for whistleblowers = large compensatory awards
– Michalak v Mid Yorkshire Hospitals NHS Trust
– Mattu v University Hospitals of Coventry & Warwickshire
– Costly cases to litigate
– Damage to reputation
– Risk of being perceived as an organisation who seeks to
silence those who speak up
43. Timis and another v Osipov
— Director recommended summary
dismissal of Mr Osipov because
he had made a protected
disclosure
— The case clarified that in
relation to individuals, a
‘detriment’ includes dismissals
— So? Individuals may be personally
liable for losses sustained as a
result of dismissal
45. Various Claimants v Wm Morrisons Supermarkets
PLC(CoA)
— Mr S had published personal details of
100,000 employees on the internet
— High Court held that employers can be
vicariously liable for employee
breaches
— Court of Appeal upheld High Court
judgment
46. Bellman v Northampton Recruitment Ltd
— Assault by Managing Director at
impromptu post-party drinks
resulting in severe injury
— Are the company vicariously
liable?
— Yes, held the Court of Appeal
47. Winter v Hockley Mint Limited (2018)
— Is a business is responsible
for fraudulent
misrepresentations made
by its agent?
– Only if the deceitful
conduct was within his
actual or ostensible
authority
48. Bowen v Commissioner of Police of Metropolis
— Do employers owe a duty
to protect the economic
and reputational interests
of employees in vicarious
liability defence?
— No, held the Supreme
Court
50. Employment Tribunal Fees
— Last year we looked at the Unison ruling which abolished Tribunal
Fees
— Since then, the following statistics have been reported:
– In September 2018, for the period April to June 2018, the number
of single ET claims had increased by 165%
– The outstanding case load has increased by 130%
51. Law Commission Consultation – further increase in
claims?
— Law Commission consultation on Employment Law Hearing Structures
– 54 questions posed include:
– Whether the Employment Tribunal’s jurisdiction should be extended
– Whether the time limit for bringing a claim should be extended from 3
months to 6 months “or some other period”
– Whether the £25,000 limit for breach of contract claims should be raised
or removed
— Closing date extended to 31 January 2019
— Impact?
52. So what?
— Fee re-introduction?
— “Proportionate and Progressive”?
— Watch this Space!
53. Looking forward – 2019 and beyond…
1. Pay Gap Reporting
2. Harassment Code of Practice
3. Taxation and IR35
4. Legislative Changes
55. Gender Pay Gap Reporting
— We discussed Gender Pay Gap Reporting last year and the
requirements
— Upcoming deadlines for this year are:
– 30 March 2019 Gender Pay Gap Reports (Public Sector)
– 04 April 2019 Gender Pay Gap Reports (Private and Voluntary
Sectors)
— Risks of Non Compliance?
56. Executive Pay Gap Reporting
Who does it cover?
– From 01 January 2019 UK listed companies with more than 250 UK
employees to report annually on the pay gap between their chief executive
and their average UK workers
– NB Employee is any person employed under a contract of service
– First reports due in 2020
Other details required?
– Action taken to improve employee engagement and consultation
– Impact of future share price on executive pay
57. Executive Pay Gap Reporting
Where must it be published?
– Own website until the company’s next financial year
Non Compliance?
– Directors may be liable on summary conviction to a fine
What to do now?
– Make appropriate people in the company aware of their obligations
– Start planning and looking at the figures now
– If in doubt, seek legal advice
59. 2. Sexual Harassment Code of Practice
— Government published response to Women and Equalities Committee
recommendations on 18 December 2018
— Detailed response includes:
– “Employers should take their preventative responsibilities more seriously”*
– Statutory Code of Practice should be introduced
– Government to consult on how to strengthen law to protect individuals
from third party harassment
– Better regulation surrounding the use of NDAs
*https://publications.parliament.uk/pa/cm201719/cmselect/cmwomeq/1801/180102.htm
61. Taxation
Employer class 1A national insurance contributions on termination
payments delayed. Due to take effect on or after
06 April 2020
62. IR35
— What is IR35?
– Legislation designed to tackle tax avoidance
– Applies to Contractors who provide their services through the use of
Personal Service Companies and relevant partnerships
63. IR35 and the Public Sector
— Responsibility for determining deemed employment status falls to
the public sector body
— Relevant tax and National Insurance may be deducted from source
64. IR35 and the extension to the Private Sector
— Currently, determining employee status is the responsibility of the
contractor
— The Budget confirmed on 29 October 2018 that the IR35 tax rules
would be extended to the private sector in 2020
– NB This will only apply to large and medium – sized organisations
— Impact?
65. Reducing the risk of IR35 applying
— Align contract and reality
— Use HMRC’s online tool to check employment status for tax at
https://www.tax.service.gov.uk/check-employment-status-for-
tax/setup
67. Parental Bereavement Leave and Pay
— The Parental Bereavement Leave and Pay Act 2018 has passed by
royal assent
— Expected to come into force in 2020
— What will it do?
68. Pay Slips Changes
Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) (No.2)
Order 2018 (SI 2018/529)
– Comes into force on 06 April 2019
– Amends the ERA to provide all workers with a right to an itemised pay
slip