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 ...
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 ...
The Shoosmiths pensions team has hosted a webinar for non-pensions professionals, trustees and company directors to provide an oversight of pensions issues likely to effect businesses over the next 12 months ...
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 ...
This publication is part of a DFDL series focusing on Corporate Insolvency Regime in consideration of the COVID-19 outbreak in Asia. DFDL published the previous editions in a series of tailor-made FAQs on restructuring and insolvency matters that businesses and stakeholders need to keep track of in Cambodia, Indonesia, the Lao PDR, Myanmar, the Philippines, Thailand and Vietnam ...
A NEW PATHWAY From Uber to Jumia and even older technology (tech) companies like Etranzact and Chams Plc, it is arguable that Initial Public Offerings (“IPOs”) have not offered great returns for tech companies in Nigeria and across the globe[1]. Investors are speculating on whether the great tech bubble is about to burst because, considering the cost of IPOs, tech companies have to scrutinise the expected returns when contemplating an IPO ...
Tech Companies and Fund Raising: The New Way of Going Public (Part 2) In the second part of our article, we focus on Spotify, a digital music service that utilised a direct listing to become a public company, the key steps they took that differed from a traditional IPO, and how the NSE can modify its current regulatory framework to include direct listings. Case Study: Spotify Technology S ...
For the first time, a restructuring plan has been confirmed under the new Court Approved Restructuring Plan Act (Wet Homologatie Onderhands Akkoord, or WHOA). This court confirmation illustrates how a "Dutch Scheme" comes about in practice. In this article our restructuring specialists Jelmer Baukema and Willemijn Bouman briefly discuss the court confirmation ...
Cal-OSHA’s COVID-19 regulation remains in effect after the trial court rejected a motion for a preliminary injunction filed by a coalition of employers. This included challenges to: (1) compensation for employees excluded from work; (2) mandated testing; and (3) health and safety requirements for employer-provided housing and transportation. Therefore, employers must continue to abide by the requirements of the emergency regulation ...
Legal Notice 59 of 2021 has amended the annual leave provisions in the Organisation of Working Time Regulations (S.L. 452.87). With effect from the 1st of January 2021, the days of annual leave have been reduced from 27 days to 24 days but employees shall be entitled to an additional day of annual leave in respect of public or national holidays falling on a Saturday, Sunday or weekly day of rest ...
Claims of bad faith present unique challenges for insurers (and their counsel) with respect to attorney-client privilege: if the insurer’s state of mind is at issue, is the legal advice on which the insurer relied also at issue, thereby waiving the privilege? And if so, under what circumstances? The following addresses this issue in the context of a common practice for insurance counsel—authoring denial letters—and two recent holdings that should serve as warnings in th
Good news in times of crisis: The eagerly awaited draft of the Restructuring and Insolvency Directive Implementation Act (RIRL-UG) was published yesterday. The law with which Directive (EU) 2019/1023 (Restructuring Directive) is implemented in Austria is to come into force on July 17, 2021 (at the end of the implementation period). The review phase will run until April 6, 2021 ...
The recent CIS v IBM decision touches on two topical issues in IT disputes: maintenance and replacement of legacy systems, and use of agile implementation methodologies. It is also a useful reminder of some important basics regarding the management of troubled IT projects. The case and the issues The claimant (Co-op) was the insurance business of the Co-op group ...
This week, Westlaw Today published an article by Dinsmore partner J.T. Wilson III about the generational shift in attitudes toward racial equity in light of George Floyd's death and about how business owners and employers must react accordingly ...
We wish to bring to your attention that the deadline for applying for foreign employee work permits for 2021 with the Ministry of Labour and Vocational Training (“MLVT”) is 31 March 2021. This obligation applies to every employer in Cambodia employing foreign employees, including representative offices, branches, private or public limited companies, non-governmental organizations and associations ...
New research from the CIPD has confirmed that LGBT+ employees experience higher level of work-based conflict, and almost one in five transgender workers feel psychologically unsafe at work. The CIPD’s recent report, Inclusion at work: perspectives on LGBT+ working lives confirms that while workplace inclusivity is fundamental to good, fair work and positive employee outcomes, many organisations have been slow to make headway to support their LGBT+ workforces ...
Is Wi-Fi sickness a disability? The California Court of Appeal just said it is in Brown v. Los Angeles Unified School District (2d Dist., Div. Eight), Case No. B294240. In a case that tests the limits of California’s liberal pleading standard, the appellate court green-lighted a claim of a woman who asserted a disability of “electromagnetic hypersensitivity,” or, as the concurring justice put it, “Wi-Fi sickness ...
As of March 11, 2020, the date on which the World Health Organization (WHO) declared COVID-19 a pandemic, States have taken various measures such as social distancing, restriction of free movement, the closure of borders, among others, which have undoubtedly had a decisive impact on people in general, and especially on workers and employers ...
On February 15th, 2020, Law No.21,312 (hereinafter, the “Law”) was published in the Official Gazette, which extends the enforcement of the benefits and entitlements established in Title I of law No.21,227 (“Employment Protection Act”) and in Law No.21,263 (that temporarily amends the requirements to access and increases the amounts of the benefits of the unemployment insurance) and grants new provisions with charge to the unemployment mutual aid fund ...
The objective of open banking is to have a payments and markets infrastructure which provides customers with the ability to review all their banking and financial information seamlessly. Open banking will lead to a situation where regardless of how many accounts and financial products a customer has with multiple institutions, he can manage them from a centralised location without having to check out from one system to another ...
