As an employer, are you obliged to search personal devices, personal email accounts and/or personal social media accounts belonging to employees or others such as trustees or non-executive directors when responding to a data subject access request (DSAR)? Many employers will now be familiar with undertaking a ‘reasonable and proportionate’ search when responding to an employee’s DSAR under Article 15 of the UK GDPR ...
Last week the Supreme Court decided to dismiss the latest appeal in the Royal Mencap Society v Tomlinson-Blake case and confirmed that time spent sleeping on site during a sleep-in shift will not count towards a care worker’s National Minimum Wage (NMW) ...
The financial services sector had a busy 2020 for many reasons, and the UK’s 2021/22 financial year promises to bring further developments. In this article, we take a look at the changes expected in banking, finance and asset management. 1. Brexit The loss of passporting rights was a key consequence of the Brexit deal from a financial services perspective ...
Bullying in the workplace and allegations of bullying harassment at work have seldom been out of the headlines. Politicians such as ex-speaker John Bercow or Home Secretary Priti Patel have been accused of such behaviour ...
Dear valued clients, colleagues and friends, We are pleased to bring you the March 2021 issue of our quarterly Newsletter, we hope that you will continue to find its contents of value to you. Real Estate PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah: Calculation of Liquidated Agreed Damages commences from the Date of Payment of Booking Fee A case note by Alexis Yong Mey Ling … read more ...
On 19 April 2021, the MLVT issued ‘Instruction 043 concerning the Payment of Wages for Early April (2021) and Additional Allowances for Employees in the Garment, Enterprise, Handicraft and Business sectors during the Phnom Penh and Takmao city lockdowns to prevent the spread of COVID-19’ (“Instruction”). The Instruction states that the temporary lockdown measures in Phnom Penh and Takmao City should be regarded as the de facto suspension of employment ...
The American Rescue Plan Act (“ARPA”) became law in March of this year. One of the many relief provisions included in ARPA is a temporary subsidy of COBRA continuation premiums for certain individuals, summarized in our prior alert, found here ...
The UK will host the UN’s COP26 climate change conference in November 2021, but what is a COP – and what happened at the previous 25 COPs? 15 April 2021 marks 200 days until COP26 is due to start. Taking place in Glasgow from 1-12 November 2021, COP26 is the 26th session of the Conference of the Parties to the UN Framework Convention on Climate Change (UNFCCC) ...
As we look forward to returning to our normal routines, after we have all had the opportunity to be vaccinated, many people are wondering what permanent workplace changes will remain in place or will be introduced for workers; as well as the pets they either acquired or became more attached to during quarantine. I am certain my dog thinks I decided to stay home with him all day because he is so wonderful (which he is) ...
06.04.2021 – The Law no. 58/02.04.2021 for approving the GEO no. 211/2020 and amendment of GEO 132/2020 was published in the Official Gazette no. 345 dated April 5th, 2021 These new legal provisions introduce a series of amendments of articles wording, certain values/limits and conditions to be met regarding the possibility to temporarily reduce the working time in the current context and access the specific state support ...
07.04.2021 – The Ministerial Order no. 214/22.02.2021 for approving the template documents provided by art. 53¹ para. (12) of the Labor Code was published within the Official Gazette no. 350 dated April 6th, 2021 ...
Key Points The California Department of Housing and Community Development has released new guidelines for implementing the Surplus Land Act, which clarify when leases are subject to the terms of the Act. Pursuant to the new guidelines, leases are not subject to Surplus Land Act when the lease involves "land on which no development or demolition will occur" or leases with "a term that is less than five (5) years (including any extensions, amendments or options) ...
In recent days, the CFPB has taken significant actions that will have a lasting impact on mortgage servicers. First, on April 1, the CFPB issued Bulletin 2021-02, warning servicers that being “unprepared is unacceptable.” This bulletin provides important insight into the CFPB’s supervision and enforcement priorities related to servicers’ handling of the COVID-19 crisis ...
Banking & Finance ESAs issue joint supervisory statement on the application of the Regulation on Sustainability-related disclosures in the Financial Services Sector (SFDR) ESAs issue recommendations on the application of the SFDR ...
Employers who suspect that employees are guilty of misconduct often appoint forensic investigators or legal practitioners to investigate whether such misconduct exists. They then prepare a report with recommendations on how to proceed, including whether disciplinary actions can be taken against the employees concerned ...
Due to the Covid-19 government measures, most employees work mainly from their home offices from March 2020 onwards. For internationally active employees, the taxation of salaries is linked to the location where the work is carried out. The sudden switch to the home office may therefore have a major impact on the tax position and the net salary of the employees concerned and on the payroll administration of the employer ...
Mask wearing indoors has become a ubiquitous part of the COVID-19 experience. The B.C. government mandated mask wearing in November of 2020 for most indoor public settings. Those orders are premised on face coverings helping to prevent, respond to or alleviate the spread of COVID‐19, when used with other protective measures. Some members of our society have physical, cognitive, or psychological disabilities that make mask wearing unduly difficult or unsafe ...
Covid-19 has left employers who want their employees back in the office in a difficult position. With the pandemic still raging, many employees are fearful of returning to the office with unvaccinated peers. In order to ease their employees’ concerns and provide a safe work environment, some employers are offering incentives to get vaccinated ...
The Government Emergency Ordinance no. 26/07.04.2021 for the amendment and completion of the GEO no. 111/2010 on the parental leave and monthly allowance was published within the Official Gazette no. 363 dated April 7th, 2021. The main legal amendments introduced by the new legal provisions are centered on an increase in the amounts and diversification of cases for granting insertion incentives. More exactly: An amount of RON 1,500 (approx ...
From 1 October 2021, The Pensions Regulator (TPR) will have new criminal powers to bolster its anti-avoidance arsenal, but what does it really mean for those involved with the running of pension schemes? The new powers allow TPR to investigate and prosecute any person who avoids an employer debt, anyone who does (or doesn’t do) something which would prevent pension scheme members from receiving their benefits in full, and anyone who does not comply with a contribution notice issued
In DR Jones Yeovil Ltd v The Stepping Stone Group Ltd [2020] EWHC 2308 (TCC), England’s Technology and Construction Court ruled in favour of a contractor in its claim for unpaid retention under a JCT contract and dismissed the employer’s counterclaim for alleged defects. Certificates of Making Good were never issued and one of the questions before the court was whether that meant there could be no recovery of the balance of retention ...
The appeal in ABC Electrification Ltd v Network Rail Infrastructure Ltd [2020] EWCA Civ 1645, concerned the proper construction of a Target Cost Contract based upon the standard Institute of Civil Engineers Conditions of Contract, Target Cost Version, First Edition (ICE Conditions) and subject to standard amendments commonly used in the rail industry, known as Network Rail 12 (N12 Amendments) ...
In the recent case of Cheng Pan & Anor v Yau Lai Wah, HCA 376/2015, the Court held the Defendant liable for loss and damage caused by water leakage from his property into a neighbouring property, which resulted from the Defendant’s contractors carrying out works to pipes located in the Defendant’s property ...
Gennex Media LLC, a customizable product online marketplace, and its sole officer and shareholder Akil Kurji, have agreed to an FTC consent decree resolving allegations the company falsely claimed its Brandnex novelty products were “Made in USA,” “USA MADE,” and “Manufactured Right Here in America!” when, in many instances, they were wholly imported from China ...
The National Security and Investment Bill will allow government intervention in transactions raising national security concerns. It will require investors in UK real estate to consider whether the regime applies and factor in any timetabling implications. The Bill is currently being examined in the House of Lords. It will introduce an independent screening regime in the UK where a transaction gives rise to national security concerns ...
