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Shoosmiths LLP | July 2022

As a part of our conversations with clients webinar-series, we interviewed Matthew Wilson, General Counsel at Fremantle about career development and career management for in-house lawyers (IHLs). When considering roles and moves, Matt applies the following criteria: Pick an industry that’s interesting and will be interesting for 5-10 years Pick what interests you, you need a reason to get out of bed in the morning and feel energised about the day ahead ...

Shoosmiths LLP | July 2022

The last few years have brought seismic changes in the workplace including in the adoption of video conferencing for tribunal hearings. Whilst this can make it easier for witnesses to attend no matter where they are based, if that is abroad care is needed. Change in tribunal practice With the worst of the pandemic now behind us, much has been made about hybrid working arrangements and the return (at least in part) to the workplace ...

Shoosmiths LLP | July 2022

‘We want to take back control’ was a common refrain during the Brexit debates prior to the vote, and since remains a mantra of the UK government. Recent views expressed by the UK government raise the question of what is meant by ‘we’. Across the Atlantic, the United States has a clear expression in its constitution – ‘We the People’ ...

Shoosmiths LLP | July 2022

More than two years on from the first work-from-home order of the Covid-19 pandemic, business leaders are still grappling with changes to working practices that one executive says could lead to a two-lane economy in which swathes of workers never return to the office ...

Shoosmiths LLP | July 2022

It can be tricky for employers to stay up to date with how to complete right to work checks especially given the government’s ever-changing guidance in this area. We outline recent developments and what employers need to know now and for the future. Every employee, regardless of nationality, requires a right to work check ...

Shoosmiths LLP | July 2022

Employee networks are voluntary groups of employees that come together based on shared identity or life experience. Properly organised and empowered networks greatly benefit those organisations genuinely looking to foster a diverse and inclusive workplace ...

Shoosmiths LLP | July 2022

The essence of a service charge is that the landlord provides certain services and facilities for the benefit of the occupiers of a multi-let building and the occupiers collectively reimburse the landlord for those costs by paying a fair proportion of the costs of those services ...

Shoosmiths LLP | July 2022

Welcome to the third and final part in our series of articles on the Building Safety Act 2022. In Part 1 of our series of articles on the Building Safety Act 2022 we discussed the greater exposure to claims due to extensions in limitation periods and the measures aimed at addressing failures to remedy historical safety defects. In Part 2, we discussed the dutyholder regime and, in this final part, we look at the new gateway regime for higher risk buildings ...

Shoosmiths LLP | July 2022

Switch2 Energy, Shoosmiths and BEIS have come together to provide an update on how regulation, rising energy prices and decarbonisation targets are impacting heat network operators and customers. This second webinar, in a series of three, looks at what to do with existing buildings in relation to heat networks ...

Shoosmiths LLP | July 2022

The Financial Conduct Authority (FCA) has proposed the introduction of a new Principle that “a firm must act to deliver good outcomes for retail customers” together with three cross-cutting rules and four proposed customer outcomes ...

Shoosmiths LLP | July 2022

Welcome to the second part in our series of articles on the Building Safety Act 2022. In Part 1 of our series of articles on the Building Safety Act 2022 we discussed the greater exposure to claims due to extensions in limitation periods and the measures aimed at addressing failures to remedy historical safety defects. In Part 2, we discuss the dutyholder regime and look at the steps developers can take now to prepare ...

Shoosmiths LLP | July 2022

The regulations incoprorate requirements on occupational pension scheme trustees under at 2019 Competition and Markets Authority Order to carry out a tender process for fiduciary management services and set objectives for their investment consultants. The Occupational Pension Schemes (Governance and Registration) (Amendment) Regulations 2022 (Regulations) will come into force on 1 October ...

Shoosmiths LLP | July 2022

A summary of the key takeaways from a recent webinar on reducing scope 3 Sold Products emissions. Shoosmiths is delighted to be sponsoring United Nation Global Compact Network (UNGC) UK’s series of webinars on ‘Reducing Scope 3 Emissions’. The event featured guest speakers: Emma Watson, Net Zero Senior Manager, CDP & Science Based Targets initiative’s (SBTi); Mark Lancelott, Consulting Director, PA Consulting; and Emma Darroch, Responsible Business Manager, Sky ...

Shoosmiths LLP | July 2022

This was introduced on 6 April 2022 and is an essential part of the recruitment process, as this will ensure you have a statutory excuse against a civil penalty and allow you to remain compliant as your duty of sponsors if you currently hold a sponsor licence. The digital right to work check can only be made by Identity Service Providers (IDSPs) for British and Irish Citizens  as physical proof of documents are expected to finish by 2025 ...

Shoosmiths LLP | June 2022

The Prime Minister has approved, and government has published the long-awaited final terms of reference for the COVID-19 Inquiry. The inquiry, chaired by the Rt Hon Baroness Heather Hallett DBE, is two-fold and will: 1. Examine the COVID-19 response and the impact of the pandemic in England, Wales, Scotland and Northern Ireland, and produce a factual narrative. 2. Identify the lessons to be learned from the above, to inform preparations for future pandemics across the UK ...

Shoosmiths LLP | June 2022

Employees have the right to access personal data relating to them held by their employer. However, responding to such access requests is not always easy. In a 2-part article, we tackle the 12 questions employers most frequently ask when handling DSARs. 1. How do I verify that the request is genuine? There is no set format for making a data subject access request (DSAR), so a request might be made verbally, in writing, by email or by other electronic means ...

Shoosmiths LLP | June 2022

Employees have the right to access personal data relating to them held by their employer. However, responding to such access requests is not always easy. In a 2-part article, we tackle the 12 questions employers most frequently ask when handling DSARs. 7 ...

Shoosmiths LLP | June 2022

In a recent case, a unilateral termination clause in the relevant contract had no bearing on whether termination via agreement between the parties was available, and the court held that novation of the contract by the conduct of the parties was valid ...

Shoosmiths LLP | June 2022

Welcome to the first part in our series of articles on the Building Safety Act 2022. The Building Safety Act received Royal Assent on 28 April 2022. While many of the provisions will be implemented over the next 12-18 months, the industry is being urged to get ready now. Dame Judith Hackitt stated in a recent HSE Bulletin: “The clock is now ticking and the pace is accelerating. Change is going to happen this time – there’s no denying it anymore!” ...

Shoosmiths LLP | June 2022

In a recent case the Employment Appeal Tribunal (EAT) upheld a 25% uplift to compensation for an employer’s failure to comply with the ACAS Code of Practice, following a discriminatory dismissal that was purportedly due to redundancy ...

Shoosmiths LLP | June 2022

Another instalment from the UK courts guiding employers on how to comply with S145B of TULRCA when participating in collective bargaining. In the same month as we are contending with the largest rail strikes in 30 years, it is apt that the Employment Appeal Tribunal (EAT) in Edinburgh has issued a decision in a theme of cases involving Section 145B of TULRCA and how it can impact pay negotiations ...

Shoosmiths LLP | June 2022

Shoosmiths colleagues Andy Graham and Amy Leech highlight some of the main considerations for employers looking to move their employees onto a four day working week. Shoospeak HR podcast 4 day working weeks - a dream or disaster? Shoosmiths colleagues Andy Graham and Amy Leech debate the four day working week pilot and some key considerations for employers looking to implement this type of working pattern ...

Shoosmiths LLP | June 2022

Insolvency practitioners are undoubtedly alive to the risks of ignoring or mis-handling crypto assets and the threats of misfeasance or unfair harm claims that could follow. In this, the first in a series of articles on the subject, the message is simple – the technical details might appear arcane but provided you take specialist advice, a crypto asset is no different from any other asset you come across – keep calm and carry on ...

Shoosmiths LLP | June 2022

The Court of Appeal has given some much-needed clarity on this issue in the recent decision of Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP [2022]. In a majority judgment, the Court of Appeal reversed the first instance decision and held that the collateral warranty in question was a construction contract within the meaning of s.104(1) of the Housing Grants, Construction & Regeneration Act 1996 (the Construction Act) ...

Shoosmiths LLP | June 2022

In the lead up to the UK COVID-19 Public Inquiry, we look at the impact the pandemic has had on the Education sector. Education has been particularly badly affected by worldwide COVID-19 restrictions, with 184 country-wide school closures, leaving 1.53 billion out of school, and impacting 87.6% of the world’s total enrolled learners1. The move to online learning One of the biggest changes for the sector was the move to remote learning ...

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