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Shoosmiths LLP | April 2023

The Competition and Markets Authority (CMA), the UK body responsible for consumer protection, has increased its focus on tackling misleading online sales practices ahead of the introduction of new legislation, expected later this year. The CMA has launched a new campaign to help consumers identify and report misleading online sales practices, including pressure selling, hidden charges, subscription traps and fake or misleading reviews ...

Shoosmiths LLP | April 2023

In April statutory rates of pay and maximum awards in the Employment Tribunal increase. Given current inflation, the increases this year are higher compared to previous years. Employers must ensure they adequately budget for the rise in staffing costs. The key changes to rates and limits that employers need to be aware of are set out below ...

Shoosmiths LLP | March 2023

Time is running out for developers that have not yet signed the Developer Remediation Contract. The Secretary of State for Levelling Up, Housing and Communities, Michael Gove, delivered a clear message last week: “The Responsible Actors Scheme is coming. Only developers who behave responsibly will be trusted to build the homes of the future. Any eligible developers who fail to do the right thing will need to find a new line of work” ...

Shoosmiths LLP | March 2023

Continuing with the HR Improve series for this year, this month we focus on effective performance management. Performance management is key to the success of individual employees and the organisations they work for. So why is it so hard to get it right? Performance management is a process between a manager and their direct reports to ensure the expected level of performance is achieved and maintained ...

Shoosmiths LLP | March 2023

Amidst the UK's labour shortage, there has been a rise in part-time working. Why is full-time employment falling out of favour and how can the Chancellor address this? It is well documented that the UK has a labour shortage. There is no agreed consensus on the cause of this shortage; with early retirement, post-pandemic economic inactivity and Brexit all floated as potential contributing factors ...

Shoosmiths LLP | March 2023

Living in a data democracy, we have got used to thinking that ‘data protection’ in the private sector Is separate from police and intelligence services activity. But is this really true? In Europe, data protection rules about the two spheres originated in different directives: ‘general’ processing and ‘law enforcement/intelligence services’ processing ...

Shoosmiths LLP | March 2023

European Securities and Markets Authority (ESMA) published its final report on “guidelines of MiFID II product governance requirements” yesterday ...

Shoosmiths LLP | March 2023

In an effort to support women to stay in or return to the workplace, the Labour Party have recently announced new plans aimed at supporting the wellbeing of women in the workplace, particularly surrounding menopause. According to The Fawcett Society, a membership charity which campaigns for women’s rights, a staggering eight in ten women receive no support from employers for the menopause, with one in ten women stating that they had left a job due to their menopausal symptoms ...

Shoosmiths LLP | March 2023

Tech Nation is a government-backed organisation which has supported digital-tech start-ups and scale-ups as well as offering global talent visa endorsement for over a decade. At the end of January, it announced its closure, effective from 31 March 2023. Tech Nation received its core grant funding from the Department for Culture, Media and Sport (DCMS), but this funding will now be awarded to Barclays Bank ...

Shoosmiths LLP | March 2023

Law and regulation in this area are developing at pace and it’s no longer just those businesses looking for ESG linked products which need to be analysing their Environmental, Social & Governance (‘ESG’) behaviours. This article considers what businesses may wish to be doing voluntarily, either as good practice or in preparation for a financing, in terms of developing their ESG practices ...

Shoosmiths LLP | March 2023

Paul Carney and Craig Thomas explore the impact of the Chancellor's 2023 Spring Budget on the taxation of pensions in the UK. The Chancellor’s budget statement on 15 March caused many to be surprised and some to be perplexed ...

Shoosmiths LLP | March 2023

This article looks at what ESG means, what we really mean when we talk about ‘ESG lending’, and the types of ESG lending available. When people talk about ‘ESG Lending’ they’re often talking about sustainable lending - encompassing social loans, green loans and sustainability linked loans. Potentially available to all businesses, now is a great time to get familiar with these types of products, as well as the corresponding jargon ...

Shoosmiths LLP | March 2023

Beneficiaries of UK, USA or other non-EU state subsidies will have to notify the European Commission under a new regime when engaged in certain mergers & acquisition (M&A) transactions or tendering for certain EU public contracts.This notification obligation commences on 12 October 2023. The transaction cannot be completed or the procurement contract entered into, until consent has been received from the European Commission following notification ...

Shoosmiths LLP | March 2023

Recent controversy arose after Gary Lineker criticised the Government’s immigration policy on Twitter causing the BBC to announce that he would step back from hosting Match of the Day until a clear position on his use of social media could be agreed. The decision saw presenters and pundits boycotting BBC football programmes in solidarity and in support of freedom of speech, plunging the BBC’s sport service into chaos ...

Shoosmiths LLP | March 2023

Derby has today (21 March 2023) been named as the national headquarters of Great British Railways (GBR) – a key moment in the government’s plan to reform the rail network.  Commenting on the announcement, Michelle Craven-Faulkner, partner and rail lead at Shoosmiths, said:  “The long-awaited headquarters of Great British Railways has finally been announced ...

Shoosmiths LLP | March 2023

On 17 January 2023, Getty Images brought copyright infringement claims in both the US district (Delaware) court and in the UK High Court against Stability AI, the company behind ‘Stable Diffusion’ which is one of the artificial intelligence-powered image generators which have emerged over recent months. AI generators are able to develop images in response to keywords or instructions entered by a user ...

Shoosmiths LLP | March 2023

With the rise of DALL-E 2, Midjourney and others, AI powered tools are becoming more capable and impressive.  Brands have started to use these tools for marketing campaigns such as BMW’s advertising campaign for the 8 Series Gran Coupé, where the car became a canvas for an AI-powered robot artist ...

Shoosmiths LLP | March 2023

Amongst the pensions, childcare and other headline financial announcements in this week's Spring Budget, Jeremy Hunt signalled the Government's continued focus on Artificial intelligence (AI) as a targeted growth sector for the UK economy. The Chancellor pledged a £900m investment to support the development of supercomputing capabilities that can underpin the growth of the AI sector in the UK ...

Shoosmiths LLP | March 2023

Following on from the recent announcements regarding the India Young Professionals Scheme (India Young Professionals Scheme visa (shoosmiths.co.uk), the Home Office released (rather unexpectedly) changes to the immigration rules from 9 March 2023 ...

Shoosmiths LLP | March 2023

The government has published its response to a further section of the building safety regime consultation, focusing on occupied higher-risk buildings (HRBs). The questions considered in this part of the consultation related to registration requirements for HRBs. More information about what the registration will actually entail is now available, as well as confirmation of the fee for registration, which will be £251 ...

Shoosmiths LLP | March 2023

The Competition and Markets Authority (CMA) and Advertising Standards Authority (ASA) are increasing their scrutiny and enforcement of ‘green claims’ to protect consumers from 'greenwashing'. What are green claims? Green claims (also known as ‘environmental claims’ or ‘eco-friendly claims’) are claims that a product, service, or business provides a benefit or is less harmful to the environment ...

Shoosmiths LLP | March 2023

Following a wave of recent prosecutions in relation to cash fraudulently obtained through the various Covid-19 support schemes, we consider the criminal and civil ramifications on a legitimate business which has received cash from someone who has been prosecuted and offer some helpful tips to reduce the risk of your business inadvertently laundering the proceeds of crime ...

Shoosmiths LLP | March 2023

The immediate crisis caused by the collapse of Silicon Valley Bank (‘SVB’) in the US has been averted with US regulators stepping in to help customers there, and HSBC buying SVB’s UK subsidiary (‘SVB UK’). But the collapse of Silvergate Capital, SVB and Signature Bank in quick succession has somewhat sharpened focus on the potential risks in the finance industry (notwithstanding the increase in regulation, particularly over recent years) ...

Shoosmiths LLP | March 2023

More and more employers are introducing paid fertility leave and a fertility leave policy to their workforce. For employers considering doing something similar, we explain the requirements for fertility leave and points to ponder when preparing a policy. Are employers required to provide time off for fertility treatment? There is no statutory right to provide staff with time off (paid or otherwise) for fertility or related treatment ...

Shoosmiths LLP | March 2023

The UK Budget announcement on 15 March 2023 is foreseen to include the creation of 12 low tax zones. It is understood these will work in tandem with the 10 freeports the creation of which has already been announced (further free ports are foreseen to be created). Low tax zones and free ports are examples of special economic zones (SEZ). A business that establishes in a SEZ receives benefits, such as lower taxes, subsidies, government resources, pre-built relevant infrastructure et al ...

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