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Shoosmiths LLP | November 2022

On the first day of Christmas, HR was asked, “Who should we invite to the Christmas party?”. And HR replied...everyone! When it comes to Christmas parties, although it is rare for employees who are absent, for example on sick leave or maternity or other family leave, to be deliberately excluded from the invite list, it is often the case that they are overlooked, particularly if they have been absent for some time ...

Shoosmiths LLP | November 2022

Congratulations! You won your case in court and all the expense and hard work of the past few months, or years (not to mention the broken business relationships and sleepless nights along the way) might just have been worth it to experience this moment of jubilation ...

Shoosmiths LLP | November 2022

2022 saw the removal of all COVID-19 related restrictions. As we enter our first winter restriction free, we are likely to see a significant spike in COVID-19 cases in addition to other cold or flu viruses. So, what should employers do to manage this? It is imperative that employers consider what they can do to effectively manage COVID-19 within the workplace this winter and how best to protect their employees from associated risks ...

Shoosmiths LLP | November 2022

The ICO’s long-awaited guidance on how organisations can manage transfers of UK data to receivers outside the UK has arrived. What does it say about the direction this government may want to take on data protection reform? It will take time for advisers and users to digest but it’s instructive to take an early tour and try to guess what will prove useful and what are the new bones of contention ...

Shoosmiths LLP | November 2022

Over the last 10 years or so, we have seen a lot of buzz and excitement around Black Friday and Cyber Monday. According to research conducted by Which? into a selection of deals from last year it seems that the lure of a Black Friday deal isn't all it cracks up to be and that it isn't necessarily the cheapest time of the year to shop ...

Shoosmiths LLP | November 2022

The UK Covid-19 Inquiry (“the Inquiry”) opened its third Module on 8 November 2022, along with the application process for Core Participant (“CP”) status. Module 3 will consider the impact of the Covid-19 pandemic on the healthcare sector in England, Wales, Scotland and Northern Ireland ...

Shoosmiths LLP | November 2022

While originally opened to great fanfare between 2017 and 2019, over the course of 2022 Shell has discreetly closed down all of its UK hydrogen filling stations, citing that "the prototype technology had reached the end of its life". This decision is perhaps not surprising, given the low volume of domestic fuel-cell electric vehicles (FCEVs) on UK roads ...

Shoosmiths LLP | November 2022

With all the changes to the world of work that we have recently experienced and are continuing to experience, our webinar programme this year is focused on the future of work and in particular the hot topics that HR teams are having to handle now in order to future-proof their organisations.  Our latest seminar focused on menopause in the workplace ...

Shoosmiths LLP | November 2022

Shoosmiths’ head of energy and infrastructure (E&I) sector, James Wood-Robertson, details and reacts to the much-anticipated E&I developments and proposals set out in the UK government’s 2022 Autumn Statement ...

Shoosmiths LLP | November 2022

According to a recent Employment Appeal Tribunal decision, an employee cannot settle future statutory claims that have not arisen at the date of the settlement agreement. We review what this means in practice for parties entering into such agreements. In order for a settlement agreement to be valid, it must comply with the necessary statutory requirements ...

Shoosmiths LLP | November 2022

Recent months have seen a flurry of developments globally towards the regulation of Artificial Intelligence. Government bodies in the US, UK and EU have released proposals and updates around regulating AI, with each approach showing important distinctions ...

Shoosmiths LLP | November 2022

Blockchain litigation lead, Matt Green will be hosting our latest podcast series, 'In Early - The Crypto Podcast' - Listen to episode 3. During this five-part series, Matt will be speaking to special guests at the forefront of the digital asset space, telling real life stories, discussing the growth and growing pains of the industry, and exploring how blockchain technology has made an impact on people’s lives ...

Shoosmiths LLP | November 2022

The High Court has handed down three new judgments on BI insurance claims resulting from Covid-19: Stonegate Pub Co Ltd v MS Amlin Corporate Member Ltd [2022] EWHC 2548 (Comm), Various Eateries Trading Ltd (formerly Strada Trading Ltd) v Allianz Insurance Plc [2022] EWHC 2549 (Comm) and Greggs v Zurich Insurance Plc [2022] EWHC 2545 (Comm).  These cases are another reminder of the complexities of BI insurance and the particular challenges created by Covid-19 ...

Shoosmiths LLP | November 2022

Commercial landlords and tenants have less than five months to go until the first major change comes into force following the government implementing the Minimum Energy Efficiency Standards (MEES) in 2018.  Currently, a commercial landlord cannot grant a new lease of a property that has an energy performance rating of less than E - unless an exemption applies ...

Shoosmiths LLP | November 2022

The Criminal Procedure (Amendment No.2) Rules introduce changes to private prosecutions. The Rules amend the existing Criminal Procedure Rules 2020, introducing new criteria that may well serve to curtail the increasing number of private prosecutions, thereby reducing the consequent pressure on the courts and all those involved.  The Criminal Procedure (Amendment No.2) Rules The Criminal Procedure (Amendment No.2) Rules (S.I ...

Shoosmiths LLP | November 2022

On 3 October 2022 the Environment Secretary (‘ES’), Ranil Jayawardena, announced proposals to raise the maximum civil penalty for water companies who pollute the environment by 1,000-fold, from £250,000 to a proposed £250 million.  The proposals are subject to consultation, but if they are implemented, it is hoped they would help to prevent water companies from causing serious polluting incidents and preserve public and environmental health for future generations ...

Shoosmiths LLP | November 2022

Now the dust has settled on this year’s hugely influential SCV2UK Summit – which brings together global entrepreneurs, investors, and tech leaders the UK and Bay Area - Partner James Klein reflects on another successful event which the firm has again supported ...

Shoosmiths LLP | November 2022

On 20 April 2022 the FCA published its final rules requiring the disclosure of data in relation to diversity on listed company boards and executive committees. Policy Statement On 20 April 2022, the FCA published its final rules requiring the disclosure of data in relation to diversity on listed company boards and executive committees. The rules will apply to financial years beginning on or after 1 April 2022, so the first reporting will be in 2023 ...

Shoosmiths LLP | November 2022

The Confederation of British Industry (CBI) has recently published its most recent Financial Services Survey, the results of which demonstrate the effect that Brexit is having on immigration of employees and expertise in to the UK in the financial services sector. There are an estimated 1.1 million UK jobs in the financial services sector. Historically, the sector obtained one fifth of its workers from outside of the UK ...

Shoosmiths LLP | November 2022

July was a busy month for the FCA in publishing guidance, policy and rules which have a significant impact on a firm’s relationships with its senior managers and staff.  On 30 June, and towards the beginning of the “crypto winter”, Sarah Pritchard, Executive Director of Markets at the FCA gave a speech to the City UK Annual Conference entitled “Finding Opportunity in a World of Uncertainty” ...

Shoosmiths LLP | November 2022

Employers will be familiar with the desire to settle a Tribunal claim before it reaches a final hearing, in fact the Tribunal itself actively encourages mediation and settlement. Swiss Re Corporate Solutions Ltd v Sommer EAT is an excellent example of why it is important to be careful in all without prejudice communication so that if a settlement is not reached, the without prejudice communication does not end up disclosed as part of the Tribunal proceedings ...

Shoosmiths LLP | November 2022

How can an employment disciplinary investigation findings determine fitness and propriety? Senior Managers & Certification Regime (SM&CR) firms are under a duty to consider fitness and propriety on an ongoing basis ...

Shoosmiths LLP | November 2022

Direct marketing by email is a keystone for many businesses. It can be efficient and effective: but are you confident you are getting it right? Getting it wrong can cost customer goodwill and see the regulator knocking at the door. On 17 October the UK data regulator, the Information Commissioner’s Office (ICO), issued new guidance on electronic mail for direct marketing purposes which should be helpful for companies trying to do the right thing ...

Shoosmiths LLP | November 2022

Tackling rising prices within the parameters of public procurement. One of the main symptoms of the current economic crisis is rising prices, for individuals and businesses. Brexit and the Russian invasion of Ukraine are just two contributory factors in fuelling increases in prices across the supply chain in the UK, particularly the cost of raw materials, labour and transport ...

Shoosmiths LLP | November 2022

In our final quarterly case law update of 2022, we discuss four of the most significant employment law cases since August 2022 and the lessons that employers should take from them. Whistleblowing In the case of Kong v Gulf International Bank, Ms Kong made protected disclosures to the Head of Legal, Ms Harding ...

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