S111A ERA 1996 allows an employer to conduct confidential discussions with an employee to agree terms for the employee’s exit. A decade on from the introduction of this provision, we consider its application in practice and why it remains underused ...
At the end of Paris fashion week we look at the unexpected yet fascinating role of data analytics in the fashion industry. As one of the most important events in the fashion calendar, Paris Fashion Week, comes to a close, the catwalks remind us just how much we revere the creative, the inspirational, the artistic and the fluid ...
On 14 September 2023, the Fawcett Society published guidance on fertility at work. The guide, aimed at employers, was created in partnership with TotalJobs ...
The provision which currently allows live-in domestic workers to be paid less than the National Minimum Wage (NMW) is expected to be repealed by 1 April 2024; Will this mark the end of the au pair? The draft National Minimum Wage (Amendment) (No.2) Regulations 2023 have been laid before Parliament. This will repeal the existing provision which exempts many domestic workers who live in the family home from the NMW ...
In the latest edition of our HR Improve series, we set out the key matters that employers should consider when external circumstances mean that changes need to be made within the organisation. Six of one, half a dozen of the other, some might say. In any event, none of these are words that are gladly welcomed when they’re included in any corporate announcement, and referring to any of them will cause concern amongst the workforce ...
Season 2 of the Journey Through a Contract series – let’s talk Definitions and Interpretation! Definitions and interpretation – often the first clause in a contract that you will encounter, but not necessarily the easiest one to start with when you are trying to understand your contractual obligations and rights ...
The Manchester Crown Court made an order confiscating a landlord’s rent under the Proceeds of Crime Act 2002 for breaching a planning enforcement notice. Manchester’s Curry Mile is home to one of the largest concentrations of Asian eateries in the UK. Until recently, the Mile had also been the home of ‘Dubai Café’ ...
The UK political temperature is rising. With a General Election in the offing next year, and Labour now ahead in opinion polling, UK business would be wise to consider what a change in government could mean for employment law. A recent indication of Labour’s current thinking on employment policy was given by Deputy Leader Angela Rayner, in her speech to the Trade Union Congress (TUC) on 12 September 2023 ...
The evolution of technology is bringing rapid change to the world of work and employers who fail to embrace new tech will fall behind those that do. This is as true of the transport industry as any other. Employers that are leveraging technology are able to improve efficiencies, reduce costs and deliver a superior customer experience ...
The public hearings for Module 1 of the UK’s Covid-19 Inquiry have now concluded and the evidence about the UK’s preparedness for the pandemic is in. We look at what was said and consider what lessons can be learnt. The hearings, which commenced on 13 June 2023 and concluded on 19 July 2023, assessed whether the pandemic was properly planned for by the Government and if the UK was adequately prepared for Covid ...
Amendments to the Regulatory Reform (Fire Safety) Order 2005 will add to the existing responsibilities of Responsible Persons under the Order which were expanded earlier this year by The Fire Safety (England) Regulations 2022[1]. Who is the Responsible Person? Under the Fire Safety Order, the Responsible Person is the person who has control of the premises ...
Despite the risk of ‘greenwashing’ and some calls for business to row back from ‘non-essential’ commitments to focus on the bottom line of shareholder return, surely on a small planet of limited and dwindling resources which is getting ever hotter, a focus on ESG remains the general direction of travel, and Planet and People continue to count, not just Profit ...
You might remember our previous insight back in July which detailed the government’s announcement of increases to UKVI application fees. At that time, we had only quite vague information of the government’s planned increases and when these would come into force. The government have now released further information on these planned increases, including a date for increased application fees coming into effect- just three weeks away, on 4 October 2023 ...
In an increasingly digital age, paper documents are often regarded (at best) as quaint and (at worst) as unnecessary and expensive. But when it comes to international trade, paper documents have been fundamental in terms of giving the holder of that physical document the benefit of valuable rights. This has now changed. From 20 September 2023, the Electronic Trade Documents Act 2023 places certain electronic trade documents on an equal footing as their paper counterparts under English law ...
Shoosmiths explore the need for regulation in the evolving landscape of Web 3.0 and the Metaverse, focusing on recent approaches to regulating emerging technologies, and the importance of striking a balance between flexibility and effective safeguards. At a Web 3 ...
Equal pay claims have been on the increase in recent years, highlighting the importance of employers paying men and women equally for undertaking the same work or work that is rated equal value. But what are the unintended consequences of such claims? There has been much media coverage over the last week about Birmingham City Council (BCC) being effectively declared bankrupt[1] resulting in the Council being forced to apply rigorous spending cuts as a result ...
The International Organization of Securities Commissions (IOSCO) has published its policy recommendations for decentralised finance (DeFi) as a consultation paper. Responses are due by 19 October 2023 ...
Decentralized Finance (DeFi) represents an emerging financial model that utilises distributed ledger technologies to provide functions like borrowing, investing, or trading digital assets, all without the need for conventional centralised intermediaries. Here is a quick update with what is occurring on the international stage ...
A government report on Shared Parental Leave (SPL) reveals a low take-up by eligible parents, with only 1% of eligible mothers and 5% of eligible fathers or partners taking it. What is SPL? SPL is a type of paid family leave that enables eligible employees to take flexible leave during the first year of their child’s life or the first year after adoption ...
The conversation around Artificial intelligence (AI) regulation is set to go into a “supercharged” phase globally. At least, that’s the conclusion one can’t help drawing from the hype around the UK’s AI Safety Summit, which takes place in early November, and from comments this week by Senate Leader Chuck Schumer around upping the pace of AI regulation in the US ...
Rail firms have announced proposals to close hundreds of ticket offices across England and Wales over the next three years, potentially creating redundancy situations. Could the offer of alternative roles provide a way of avoiding redundancy dismissals? When does a redundancy situation arise and what obligations does an employer have? Redundancy is one of a limited number of potentially fair reasons for which an employer can dismiss an employee ...
When does the directors' duty arise to consider creditors' interests in the face of insolvency if a liability is disputed? Hayley Capani and Kate Garcia consider the case of Hunt v Singh and conclude we still don't have all the answers. When the decision in Sequana was handed down, commentators expressed both disappointment and (dare we say it) joy that a clear test had not been laid down as to when the creditor duty arose ...
Battery as a Service (BaaS) allows customers to keep their vehicles charged up and running, without recharging the drained-out batteries. The concept allows customers to lease out batteries as a separate component from the car, on a subscription based model, and swap it for a fully charged one as and when it depletes power. Last year Shoosmiths published a report highlighting the benefits of the BaaS business model, driven by the increasing use of battery storage technology ...
Blockchain litigation lead, Matt Green will be hosting our latest podcast series, 'In Early - The Crypto Podcast' - Listen to episode 19. Episode 19 features Jonny Fry the Crypto AM Influencer of the year 2022. With a wealth of knowledge in this sector, Jonny runs Digital Bytes, which creates and distributes a weekly roundup of the biggest stories in the world of digital assets, and is the CEO of Team Blockchain ...
The Home Office have recently announced that they will automatically extend the immigration status of EU nationals and their family members who hold pre-settled status under the EU Settlement Scheme. What are the changes I should know about? Email communications from the Home Office are now being circulated to status holders to update them regarding two changes: 1 ...
