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Shoosmiths LLP | December 2024

The story of the Captain Tom Foundation reinforces the basic point that a charity should not be established for the purpose of making money for private gain, even if that would not be the only reason for setting one up. For those of us who have been sitting in a tin can far above the world, by way of a brief recap in April 2020 Captain Tom inspired the nation, completing the challenge of walking 100 laps of his garden whilst recovering from illness and in tribute to the NHS ...

Shoosmiths LLP | December 2024

The Employment Rights Bill seeks to bring about seismic change to the employment law landscape, requiring employers to adapt their current practices and policies.  Our latest webinar focused on the key provisions of the Bill and how these will impact on current practices and procedures. We also looked at what further changes may be coming down the line and what steps organisations can take to prepare for them ...

Shoosmiths LLP | December 2024

HR teams have a lot on their plate, but a key priority for 2024 is undoubtedly protecting the employee brand proposition. Our 2024 online programme is focused on supporting HR teams to do just this, equipping them with the tools they need to protect the employee brand proposition of the organisations they work for. Our latest webinar focused on what organisations need to do to respond to workers who blow the whistle ...

Shoosmiths LLP | December 2024

Just seven weeks after the 158-page Employment Rights Bill was introduced into Parliament, the House of Commons issued a 53-page paper full of various proposed amendments to the Bill. Almost all of them are government led, made by Justin Madders, Parliamentary Under Secretary of State (Department for Business and Trade). We consider below some of the key amendments proposed by Mr Madders and other Labour MPs ...

Shoosmiths LLP | December 2024

The Office of the Small Business Commissioner has announced the New Fair Payment Code. This is now open for businesses to apply to the new Code and it replaces the Prompt Payment Code which was introduced in 2015. Following on from our article on Payment Terms in Supply Chains (Payment Terms – what are the current rules and those coming down the track), we now have clarity on what is included in the new Fair Payment Code ...

Shoosmiths LLP | December 2024

Unlike virtual reality, which is fully immersive and where the real world disappears from view entirely, augmented reality (“AR”) is more nuanced and enables digital assets to be layered over physical assets, like a building ...

Shoosmiths LLP | December 2024

Hot on the heels of the Non-Domestic Rating Act 2023 coming into force, the new government announced preliminary steps in its Autumn Budget to reform the business rates system. The key changes introduced by the Act, combined with the proposals outlined in the Budget, are set to have a major impact on businesses in the coming years ...

Shoosmiths LLP | November 2024

The Law Commission has published its much-anticipated consultation paper on proposed reform to the Landlord and Tenant Act 1954. This consultation asks a fundamental question: should a statutory scheme of security of tenure exist and if so, how should it operate? Commercial leases, from warehouse premises to offices and shops usually have a legal right to a new lease when the existing lease ends, unless the parties have agreed otherwise, or a landlord can meet one of a short list of exceptions ...

Shoosmiths LLP | November 2024

The new Network and Information Systems Directive (NIS2) came into effect on 18 October 2024 and with it comes an overhaul of the way in which cybersecurity risk management is regulated in Europe. In this article we cover the applicability of NIS2 to digital infrastructure providers and digital services providers (collectively “digital providers”), an expansion in scope under NIS2 that represents a major shift for the EU’s digital sector ...

Shoosmiths LLP | November 2024

An exploration of key aspects of the Employment Rights Bill which will impact living sector employers; day 1 right to claim unfair dismissal, changes to the use of zero hour contracts and the extension of the duty to protect employees from harassment. Employment Rights Bill – A Shake Up for the Living Sector The Employment Rights Bill (“ERB”) is poised to introduce significant change to the UK’s workforce ...

Shoosmiths LLP | November 2024

When must controllers respond to DSARs with more than just a copy of personal data? Is it enough to point to a privacy notice to satisfy the extra GDPR requirements? UK and EU courts are increasingly saying that it's not enough. Handling data subject access requests (DSARs) is an ongoing compliance burden for many organisations. In this series, we consider how different strategies can cut the task down to size ...

Shoosmiths LLP | November 2024

Metro Bank PLC was fined £16,675,200 (after a 30% discount) by the Financial Conduct Authority for failings in its transaction monitoring systems and controls.  The FCA found that the bank’s failures led to the risk it was inadvertently being used for the purposes of financial crime. Key facts: Metro Bank PLC implemented an Automated Transaction Monitoring System (“ATMS”) to monitor customer transactions ...

Shoosmiths LLP | November 2024

Our final article in this series discussing different protected characteristics and the discrimination claims they give rise to, focuses on age, how employers can fall foul of the law and the steps they need to take to avoid age discrimination claims.   What is age discrimination? The Equality Act 2010 prohibits both direct and indirect age discrimination, as well as age related harassment and victimisation ...

Shoosmiths LLP | November 2024

HSE involvement The Bill (if granted Royal Assent) will require the Health and Safety Executive (HSE) to publish a Health and Safety Framework on violence and harassment in the workplace, including violence against women and girls and gender-based violence. Employer duties Emphasis is placed on preventative measures which should be taken by employers ...

Shoosmiths LLP | November 2024

The new Network and Information Systems Directive (NIS2) came into effect on 18 October 2024 and with it comes an overhaul of the way in which cybersecurity risk management is regulated in Europe. Given that cloud-based architecture is now considered the industry-norm, data centres have become the custodians of the vast majority of our digital economy and form a core aspect of any critical infrastructure or service ...

Shoosmiths LLP | November 2024

What are single-use vapes and why are they being banned? Single-use vapes are vapes which are not designed or intended to be re-used and are not refillable and/or not rechargeable. They are being banned for both health reasons and environmental reasons. As regards the environmental reasons, they pose a major waste problem in the UK, as they are often thrown away in general waste or littered, instead of being recycled ...

Shoosmiths LLP | November 2024

Businesses involved in, or contemplating litigation are advised to give serious consideration to ADR from the outset of a dispute as well as during the lifecycle of a claim. For those parties who relish their day in Court and pay lip service to alternative dispute resolution (“ADR”), the recent amendments to the Civil Procedure Rules (“CPR”) will make life harder for those parties as the Courts now have the power to order parties to engage in ADR ...

Shoosmiths LLP | November 2024

The domestic implementation of NIS2 continues to advance at pace. In this note, we outline Italy’s formal adoption of NIS2, highlight the key dates you need to know for registration, compliance and enforcement. For further information about NIS2, including sector-specific guidance, please visit our Resiliency page ...

Shoosmiths LLP | November 2024

Corporate Power Purchase Agreements, or CPPAs, are long-term electricity supply agreements between two parties and are a valuable catalyst for the green energy transition. Currently, only around a very small proportion of UK businesses have the financial capacity and energy demand to use larger scale CPPAs, but as a firm we are working with clients to find innovative ways to democratise the procurement of renewable energy ...

Shoosmiths LLP | November 2024

The published findings of the FCA's recent survey on culture and non-financial misconduct demonstrates how financial services firms have been responding to Employment issues and what might be on the horizon ...

Shoosmiths LLP | November 2024

Remuneration and governance The Bill inserts provisions into the Water Industry Act 1991 to enable Ofwat to make rules about pay and governance in the water industry ...

Shoosmiths LLP | November 2024

The Product Regulation and Metrology Bill (the “Bill”) was published on 4 September 2024 and will provide the Secretary of State with wide regulation making powers to replace, amend or update product safety legislation in the UK. Why is the Bill needed? The Department for Business and Trade’s impact assessment of the Bill stated that the “UK lacks powers to end recognition or to recognise new and updated EU regulations in GB” ...

Shoosmiths LLP | November 2024

The gaming industry, which has transformed from a niche market to a global powerhouse, has seen a significant surge in venture capital (VC) investment over the past few years. This trend is driven by the rapid growth of the gaming market, advancements in technology, and the increasing societal acceptance of gaming as a mainstream form of entertainment. Here’s a closer look at the emerging trends and key players in VC investment within the gaming sector ...

Shoosmiths LLP | November 2024

The latest report from techUK, which Shoosmiths has sponsored, shows the economic impact, as well as the potential to boost the positive impact, of data centres on the UK economy. The main economic value of data centres is their role in enabling digital transformation across all sectors of the economy, allowing businesses to benefit from digital products and services that allow them to operate and be more efficient and productive ...

Shoosmiths LLP | November 2024

The new Network and Information Systems Directive (NIS2) came into effect on 18 October 2024 and with it comes an overhaul of the way in which cybersecurity risk management is regulated in Europe. The major changes brought about by NIS2 include stricter security measures, new incident reporting obligations and will substantially expand enforcement powers for regulators ...

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