On 10 March 2021, we held the first webinar in our series on regional perspectives in international arbitration ...
Last week upon final passage by Congress, President Joe Biden signed the American Rescue Plan Act (ARPA or Act) into law.[1] The $1.9 trillion economic stimulus bill provides a comprehensive package of available funds to qualifying individuals and businesses in the form of direct payments, industry-specific grants, and tax credits ...
Deciding what happens to employees in a TUPE transfer where there is more than one transferee is never straightforward. However, developments in this area continue to add complexity to the situation, adding cost and uncertainty to employers. Recent developments In the recent case of McTear Contracts Ltd v Bennett & ors the EAT looked at a situation where there were two transferees in the context of a service provision change ...
Behind every video game, there is intellectual property (IP) which is worth protecting to optimize monetisation of the game. As discussed in Studios and designers: Are you sure that you own the intellectual property rights to your video games, the first step for studios and designers is to make sure that they own all IP rights on the video game ...
Corporate & Commercial Recognition of UK Insolvency Proceedings in Malta Post-BrexitSimon Pullicino comments on the impact of Brexit with respect to cross-border insolvency and the implications for the recognition and enforcement of UK proceedings in Malta and vice-versa ...
It is well established under Ohio law that an injured worker is not eligible to participate in the workers' compensation system for a psychological condition unless it arises from their physical injury. While this remains the case, an exception is being considered to allow first responders to receive benefits should they experience post-traumatic stress disorder due to on-the-job factors. In Armstrong v. John R. Jurgensen Co ...
This article looks at how leaders can develop psychological safety within teams and how they can encourage individuals to speak up when they need help or when mistakes have been made. Failure, or the importance of creating psychological safety in the workplace? Nobody likes to fail. It’s not comfortable, it’s embarrassing, it induces anxiety, sleepless nights and all sorts of other tell-tale symptoms. Unfortunately for leaders, many of these symptoms remain hidden ...
On March 8th, 2021, the government announced that, due to the current status of the Covid-19 pandemic in Chile, it was decided to extend the enforcement of the benefits and entitlements of the employment protection law, protected parenting law and law that temporarily amends the requirements to access to the unemployment insurance. Additionally, the coverage and amounts of the benefits of the Employment Subsidy will be increased ...
This article looks at the dynamics and tensions which exist between remote and agile working versus the role of hierarchy and the competing needs of teams. Where does the power lie in deciding what the future of work looks like? Does it sit with management, leadership, employees or HR? Many leaders and managers seem to have embraced working remotely, having previously spent days/weeks and possibly months commuting every year ...
In a recent case, the High Court took the opportunity to restate the law on misrepresentation and the importance of demonstrating that an innocent party has actually relied on a misrepresentation. In Leeds City Council and others v Barclays Bank PLC and another [2021] EWHC 363 (Comm), the High Court preferred the Defendant’s interpretation of the applicable test and struck out the Claimants’ claims for misrepresentation ...
COVID-19 has definitely changed the way in which we work. When many people started working from home back in March 2020, it was seen as a short-term, temporary arrangement to help combat the effects of COVID-19. Fast forward 12 months and homeworking is widely considered to be here to stay. In our webinar (kindly hosted by Macmillan Davies), our employment law and health and safety experts talked through the key issues for businesses to be aware of ...
With the arrival of COVID-19 vaccines in Hong Kong, employers may wish to encourage or even require their employees to be vaccinated for protection. An interesting question arises: If an employee gets injured on their way to or from the vaccination venue, will the employer have to pay compensation? Two cases in the US may shed light on this. In Firestone Tire Rubber Co. v Crawford, 177 Ga. App. 242 (Ga. Ct. App ...
On March 4, 2021, Exempt Resolution No. 625 of the Ministry of Mining (“Res. No. 625”) was published in the Official Gazette. Res. No. 265 sets forth a citizen consultation process on the proposal to amend Supreme Decree No. 248 of 2007, which approved the Regulations on the Approval of Projects of Design, Construction, Operation and Closure of Tailings Dams (the “Regulations”) ...
On the 4th March 2021, the Seventh Chamber of the Court of Justice of the European Union issued its decision on an important matter related to the breach of ambient air quality legislation by the UK government (European Commission v. United Kingdom of Great Britain and Northern Ireland, c-664/18). This case is only one among several others filed by the Commission against EU Member States, including France, Italy, Bulgaria and Hungary ...
Rishi Sunak has announced the much-awaited budget for 2021 hailing protection for the “jobs and livelihoods of the British people”. We outline below the key elements impacting employers and their wider workforce. Budget 2021: The Employment Implications Rishi Sunak has announced the much-awaited budget for 2021 hailing protection for the “jobs and livelihoods of the British people” ...
This is the second article in our 2021 Tricky Issues Series. We will be looking at the five most common causes of delays in disciplinary processes, including the topical issue of delays relating to Covid-19, and how employers can best manage them ...
On 19 February 2021, the Supreme Court handed down a landmark judgment which confirmed that Uber drivers are workers and not independent contractors. We look at the basis for the decision and what it means for other employers. Background This case began back in 2016, when Uber drivers Mr Aslam, Mr Farrar and others submitted a claim to the Employment Tribunal (ET) regarding their employment status ...
In the second session of our latest Brexit Insight: Immigration webinar series, we shared some of our and our clients’ experiences on the new immigration system and changes to right to work document checks, 8 weeks on from the end of free movement for EU workers. We also touched upon the new application process and relevant timescales ...
California employers should assess their meal period policies and practices in light of the California Supreme Court's February 25, 2021, decision in Donohue v. AMN Services, LLC (Donohue). This ruling: (1) prohibits California employers from rounding time punches for meal periods and (2) holds that time records showing non-compliant meal periods will raise a rebuttable presumption of liability for meal period violations ...
On February 22, the government extended the state of emergency by 90 days, to May 23. The extension also applies to the transitional provisions the government passed in the earlier phase of the pandemic for the protection of health and the economy. Among these transitional rules is the so-called Home Office Decree. This decree relaxed the regulation in the field of the otherwise strict and rigid rules pertaining to teleworking and home office work ...
It is not unusual for an employee to raise a grievance during their employment. However, this can become the default position, often when the working relationship breaks down. We consider some practical steps for employers to take when this occurs. What is a grievance? The Advisory, Conciliation and Arbitration Service (ACAS) defines a grievance widely as any complaint, concern or problem that an employee wishes to raise with their employer ...
Since the decision of the House of Lords in the case of Moncrieff v Jamieson, it has been settled in Scots law that a servitude right of parking can exist as an ancillary right to a servitude right of vehicular access. A recent decision of the Sheriff Appeal Court (Johnston v Davidson & Milne [2020] SAC (Civ) 22 FFR/A103-18) provided welcome further guidance from the Sheriff Appeal Court as to when such an ancillary right will be implied ...
