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 ...
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 ...
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 ...
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 ...
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 ...
On October 21, 2022, the IRS announced in Notice 2022-55 cost-of-living adjustments to the tax-qualified retirement plan dollar limits for 2023. Most of the applicable dollar limits currently effective for 2022 will increase substantially compared with prior years. Below is a summary of the limits that are generally relevant for most retirement plans. Effective January 1, 2023: The elective deferral limit for 401(k), 403(b), and eligible 457(b) plans is increased from $20,500 to $22,500 ...
A breakdown of the ICO’s recent guidance on how to comply with the UK’s data protection regime when making live marketing calls. The ambiguous lyrics from this popular song have left me confused ...
The Employment Appeal Tribunal (EAT) has held that legal privilege does not apply retrospectively to an original version of a report produced before legal advice was sought ...
1. Introduction Transmission services used in the provision of M2M services are growing in importance. As a result, in May 2019 ANACOM (the Portuguese communications regulatory authority) launched a public consultation1 to collect input on the possible creation of a specific range in the national numbering plan (plano nacional de numeração - PNN) to accommodate these services ...
The SEC Division of Examinations issued a Risk Alert on September 19, 2022 announcing examination initiatives relating to Advisers Act Rule 206(4)-1 – the “Marketing Rule.” The compliance date for the Marketing Rule is November 4, 2022. Any advertisements distributed by investment advisers on or after that date are subject to the requirements of the Marketing Rule. This alert outlines areas that will be reviewed during examinations ...
About Us Founded in 2015, Kudun and Partners is a modern and forward-thinking law firm with a vision for a more client-focused way of practicing ...
When we talk about discrimination, most people think of those with protected characteristics such as disability, race or sex being treated less favourably. Should we be considering people being treated less favourably because of their height? What is heightism? The general premise of heightism is the act of forming beliefs subconsciously about someone’s mental and physical qualities because of their height ...
With increased cost of living and ongoing economic uncertainty, more and more workers are being forced to take on two (or more) jobs to cover soaring energy bills and pricey food shops. What do employers need to know and watch out for when this happens? Is having a second job permitted? It is not necessarily unusual for employees to have more than one job at the same time ...
Many companies have recently had to deal with situations where their employees (including remote employees) have independently decided to leave Russia and continue working from abroad. We have been receiving numerous requests for consultations on how to properly handle such work legally. It’s crucial now more than ever to act strictly in accordance with the law ...
On 9 September 2022, the Ministry of Labour and Vocational Training (“MLVT”) issued Guideline 3005 on Administrative Fines for Owners or Directors of Factories, Enterprises or Establishments that Employ Foreign Employees without Work Permits and Employment Cards (“Guideline 3005”) ...
The Internal Revenue Service and Social Security Administration have announced the various retirement plan benefit and employment tax limits for 2023. Certain limitations will not change for 2023 because they are not subject to annual adjustments. However, limits tied a cost of living index have increased. The limits for 2023, as compared to those in effect for 2022, are set forth below ...
Careers Kudun and Partners Founded in 2015, Kudun and Partners is a modern and forward-thinking law firm with a vision for a more client-focused way of practicing ...
All employers in the UK have a responsibility to prevent illegal working which is done by undertaking simple right to work checks before an employee commences employment. 1. Why do employers need to know what IDSPs are? All employers in the UK have a responsibility to prevent illegal working which is done by undertaking simple right to work checks before an employee commences employment ...
A recent Supreme Court decision has clarified the position on how holiday pay for irregular workers on permanent contracts should be calculated. But practically, where does this leave employers and what options are available to them? Background Under the Working Time Regulations, workers are entitled to be paid a minimum of 5 ...
The Covid-19 pandemic has played an important role in shaping labour markets by accelerating the growth of digital labour platforms which have in turn brought a number of challenges ...
The Transparent and Predictable Working Conditions Regulations came into force last Friday, the 21st October 2022, implementing the Transparent and Predictable Workings Conditions Directive (2019/1152). The Regulations lay down minimum requirements on the working conditions applicable to every worker in the European Union who has an employment contract or relationship ...
On October 19, 2022, the Equal Employment Opportunity Commission (“EEOC”) released the “Know Your Rights: Workplace Discrimination is Illegal” poster, replacing the “EEO is the Law” poster. The “Know Your Rights” poster provides updated guidance on federal anti-discrimination laws to applicants, employees, and employers. Covered employers are required to prominently display the “Know Your Rights” poster at their worksites ...
It is generally accepted that hybrid working is here to stay, along with all the challenges that managing a remote workforce presents. Here we focus on how an employer can effectively manage absence when employees are working remotely. As we discussed in our previous article, The Future of Work: Performance management in a hybrid working world (shoosmiths.co ...
A summary of the key takeaways from a recent webinar on Immigration in Scotland: How do the current rules help fill Scottish labour shortages? The event was hosted by Pavan Sumal and Samantha Mackie and a summary of key takeaways can be found below. General Overview Scotland is subject to the same immigration rules as the rest of the UK. Whilst this carries many benefits, it doesn’t recognise the fact that each of the home nations is unique and has different needs ...
