The Supreme Court has handed down its decision in the claim of Harpur Trust v Brazel, which may have a significant impact on employers of part-year workers. Background Under the Working Time Regulations (“WTR”), workers are entitled to a minimum of 5.6 weeks’ annual leave and to be paid holiday pay at a rate of a week’s pay ...
On 21 July 2022, Baroness Heather Hallett issued an opening statement in respect of the COVID-19 Inquiry ('the Inquiry'). As Chair, Baroness Hallett expressed her determination to “run the Inquiry as thoroughly and as efficiently as possible” and “to undertake and conclude the work of this Inquiry as speedily as possible so that lessons are learned before another pandemic strikes ...
Background The Malta Financial Services Authority has informed investment firms of the amendments carried out to Part BI of the investment services rules for Investment Services Providers. These amendments seek to implement the provisions of the Commission Delegated Regulation (EU) 2021/1253 ...
Dr Christine Calleja and Dr Warren Ciantar, in collaboration with 21 Malta, delivered a one hour presentation on the new rights introduced by the Work-Life Balance for Parents and Carers Regulations, on Wednesday 20th July 2022. The main rights to be introduced by the Regulations will be paid paternal leave, partly paid parental leave and unpaid carer’s leave ...
On November 18, 2021, President Biden issued Executive Order 14055, “Nondisplacement of Qualified Workers Under Service Contracts,” reinstituting the requirement that successor contractors on Service Contract Act contracts offer positions to the employees of the predecessor contractor. President Trump had previously rescinded this requirement with Executive Order 13897 ...
Stanford Economist Nick Bloom Shares WFH Trends and Predictions View Webinar More than two years into the pandemic, businesses are still wrestling with how to best navigate return to office (RTO). Firms that do it right stand to increase retention, equity, and business performance and forge a new culture of collaboration. But widely varying and evolving business and employee needs make it difficult to unravel the best course of action ...
Fostering diversity and inclusion at the recruitment stage has a beneficial impact, not least in terms of increased applications and a greater likelihood of attracting the right talent to your organisation. Here are our top tips for getting it right. Consider alternative talent pools It is well publicised that vacancies are at record highs, with currently more vacancies than people in work ...
We publish the new edition of the newsletter on Banking and Finance, Capital Markets and Insurance Law in Angola for the 2nd quarter of 2022 brings together the most significant new developments in these areas. In this newsletter, you can find legislative news regarding the National Bank of Angola, President of the Republic, Government/Parliament and CMC ...
Commission Delegated Regulation (EU) 2022/1288 On 25 July, Commission Delegated Regulation (EU) 2022/1288 of 6 April 2022 supplementing Regulation (EU) 2019/2088 of the European Parliament and of the Council (“Delegated Regulation”) was published at the Official Journal of the European Union. The Delegated Regulation adopts Level 2 regulation on the sustainability-related disclosures in the financial services regulation, or SFDR, which enters into force on 1 January 2023 ...
In a ruling of 19 April 2022, the Belgian Supreme Court decided that an A1-certificate issued by a competent foreign authority to a posted worker does not exclude compliance with the DIMONA obligation. Does this mean that all foreign employers posting employees to Belgium must now file both a LIMOSA and a DIMONA declaration? This article sheds some light on the scope of the Supreme Court’s decision and the particular context in which it was taken ...
Chloe, the assistance cat, has hit the headlines of several newspapers over the past few weeks, following her owner (Mr Fenn) bringing a claim under the Equality Act 2010 against Sainsbury’s supermarkets after they refused Chloe’s entry to the store. Mr Fenn has autism; a consequence of his autism is that he experiences sensory overload in busy places such as the supermarket and he states that Chloe helps him to focus ...
Background The Malta Financial Services Authority has recently introduced changes to the investment services rulebooks for Undertakings for Collective Investment in Transferable Securities (UCITS) management companies (ManCos) and Alternative Investment Fund Managers (AIFMs) to: (i) transpose the Commission Delegated Directive (EU) 2021/1270 amending Directive 2010/43/EU (1) as regards the sustainability risks and sustainability factors to be taken into account fo
Peerasanti Somritutai, partner and head of the real estate practice of Kudun and Partners, represented the firm as a panelist in a webinar organized by the Legal & Tourism Hospitality Committees of the American Chamber of Commerce in Thailand (AMCHAM), to share his commercial and legal insights in relation to the topic “Financing the Return of Thailand’s Hospitality Sector” ...
Houst’s Restructuring Plan was sanctioned last week. It was notable because of its size, that is, the company is very small compared with the financial giants which have used the process so far - and because it used the cram-down facility to overrule HMRC in its status as a secondary preferential creditor ...
Impact on the activity of the pharmaceutical industry At the end of 2021, two laws were published to regulate the general framework for the prevention of corruption in the activity of companies: (i) Decree-Law 109-E/2021 of 9 December, which establishes the general rules for the prevention of corruption (“RGPC”) and (ii) Law 93/2021 of 20 December, which creates rules to protect whistleblowers (“RJPDI”) ...
Dear valued clients, colleagues and friends, We are pleased to bring you the latest issue our quarterly Newsletter, we hope that you will continue to find its contents of value to you ...
Dear valued clients, colleagues and friends, We are pleased to bring you the latest legal updates for July 2022. Financial Services On 30 June 2022, Bank Negara Malaysia issued a policy document on Bancassurance/Bancatakaful. The policy document shall come into effect on 1 January 2023 (except paragraphs 9.12 to 9.14 which have come into effect from 30 June 2022) ...
On Tuesday 19 July 2022 parts of the UK set new record temperatures. Charterhall in the Scottish borders recorded a temperature of 34.8 degrees Celsius, the highest ever recorded in Scotland. Whereas Coningsby in Lincolnshire reported a new UK high of 40.3 degrees Celsius. This has caused fires to break out in parts of the UK and resulted in the UK’s first ever red travel warning due to extreme heat ...
The High Court recently held that damages would not be awarded for wasted management and staff time despite finding an unlawful means conspiracy to have existed. In Zenith Logistics Services (UK) Ltd and others v Keates and others, Judge Keyser QC held the monetary loss needs to be proven, otherwise the damages will not be awarded. Claim Zenith claimed £281,500 for lost management time spent investigating and addressing the wrongdoing ...
Agricultural and rural settings present significant health and safety risks, which must be carefully managed and mitigated by employers and landowners operating in the sector. The Health and Safety Executive’s (HSE) annual report into workplace fatal injuries (published on 6 July 2022) disclosed that, of the 123 workers killed in work-related accidents across the United Kingdom in 2021/22, 22 deaths occurred in the agriculture sector ...
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Prior to the Amendment Prior to the Amendment coming into effect, a person carrying out investment business in or from Bermuda was required to be licensed under the IBA unless they were excluded in accordance with the provisions the IBA or exempt pursuant to the Investment Business (Exemptions) Order 2004 (2004 Order). Investment business was defined in the IBA as the undertaking of a relevant activity (i.e. dealing or advising on) in respect of an investment (i.e ...
