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Firm: Shoosmiths LLP

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Compliancy with Employment and Immigration requirements
Shoosmiths LLP, October 2021

Led by Legal Director of Immigration, Rachel Harvey and Employment Partner, Emma Morgan, this webinar provided an insight into how best to remain compliant with Employment and Immigration requirements. Guidelines in this area are frequently subject to change and it is therefore crucial that employers remain aware of the rules and their potential wider implications...

What to do when protected characteristics clash? Five top tips for employers
Shoosmiths LLP, October 2021

The potential for employees with differing protected characteristics to come into conflict with one another at work is an increasing problem for employers. We set out five top tips for employers when handling such conflicts in the workplace. Current caselaw Discrimination law in the UK protects those who have a protected characteristic, whether that be their race, religion or belief, sex, sexual orientation, disability or age among others...

Supporting Families in Conflict: There is a better way
Shoosmiths LLP, October 2021

Sir Andrew McFarlane, President of the Family Division gave an address to the Jersey International Family Law Conference on 8 October 20211. With three years of his term remaining, he set out two areas where he intends on devoting additional time. The first is ‘transparency’ in the Family Court and the second is the resolution of Private Law disputes between parents regarding the care arrangements for their children after separating...

Investing in living
Shoosmiths LLP, October 2021

Our homes have evolved in the last 18 months. They have become a bit more “mixed use” - school, office, gym, doctors’ surgery and even kitchen disco. The enforced focus on the use of our homes during the pandemic - particularly their inadequacies, together with the flexibility that working from anywhere has brought - has created unprecedented demand to move house and / or relocate...

Natasha’s Law now in force – are you compliant?
Shoosmiths LLP, October 2021

Since 1 October 2021, the requirements for prepacked for direct sale food labelling changed, offering increased protection to the estimated one in four people with food allergies in the UK. What is PPDS? Prepacked for direct sale (PPDS) is food that is: presented to the consumer in packaging; packaged before the consumer selects or orders it; and packaged at the same place it is sold...

Whistleblowing in the COVID Era - Confidentiality
Shoosmiths LLP, October 2021

In our fourth article on whistleblowing claims we focus on the need, in sensitive situations where concerns of serious (and perhaps even criminal) wrongdoing are raised, for the complaint to be dealt with confidentially and/or anonymously where possible...

Our top tips on calculating child maintenance
Shoosmiths LLP, October 2021

Many separating parents use the Government’s online calculator to agree their child maintenance payments. We are fully supportive of parents reaching their own agreements, however using the online calculator may not always result in the right payment if parents are not fully conversant with the rules. Even parents who formally apply for an assessment by the Child Maintenance Service (previously The Child Support Agency) need to be on their guard...

The Pension Schemes Act 2021: what’s in force and what you need to know about it
Shoosmiths LLP, October 2021

The Pension Schemes Act 2021 (the 'Act') amends the Pensions Act 2004 (the '2004 Act') in order to provide the Pensions Regulator ('TPR') with a wealth of new powers. Now that the day we have all been waiting for, 1 October 2021 (when the majority of the Act’s provisions were due to come into force) has come and gone, we’re taking a look the material provisions which came into force on that date - and what those changes mean...

Spotlight on… Solent
Shoosmiths LLP, October 2021

Ships, Spitfires and Shoosmiths’ Solent planning team, Southampton is home to them all. Previously known as ‘The Gateway to the World’, for years people have visited Southampton to reach distant and exotic locations. As one of England’s foremost commercial ports, Southampton has a unique cultural heritage, a thriving commercial centre, and a bright future...

October 2021 - Case Law Update
Shoosmiths LLP, October 2021

In our final quarterly case law update for 2021, we look at some of the key cases published since July 2021 and consider the lessons we can learn from them. Furlough and redundancy As a result of the backlog within the Employment Tribunal system, we are only just starting to see the Tribunal making decisions on the actions taken by employers during the pandemic, specifically in their use of furlough under the Coronavirus Job Retention Scheme (CJRS)...

CJEU confirms software constitutes goods
Shoosmiths LLP, October 2021

Is the sale or purchase of software by an agent on behalf of its principal a sale or purchase of ‘goods’ for the purposes of the Commercial Agents (Council Directive) Regulations 1993 (the “Regulations”) within the technology sector? Following the Court of Justice of the European Union (the “CJEU”) preliminary ruling in The Software Incubator Ltd v. Computer Associates UK Ltd case, we move a step closer to a much-needed consistent answer...

Employer’s failure to consider flexible working has costly consequences
Shoosmiths LLP, October 2021

The shift to flexible working has never been more pronounced than now as we make a steady return to the workplace following the pandemic. National headlines recently highlighted the risk for employers of failing to properly consider requests for flexible working. The case of Thompson v Scancrown Ltd t/a Manors resulted in the claimant, Mrs Thompson, being awarded just over £180,000 for indirect discrimination following the rejection of her flexible working request...

Temporary measures to be introduced to tackle worker shortages
Shoosmiths LLP, October 2021

The government has announced a series of measures to tackle ongoing shortages of heavy goods vehicle (HGV) drivers and poultry workers in the UK. This includes relaxing immigration rules to offer over 10,000 temporary visas in the run up to Christmas. Brexit, the Coronavirus pandemic, tax changes and additional factors such as an ageing workforce have all contributed to a shortage of food processing workers and HGV drivers in the United Kingdom...

Why do adjudicators keep getting jurisdiction wrong? And why claims for declarations are underrated
Shoosmiths LLP, October 2021

“... an adjudicator should think very carefully before ruling out a defence merely because there was no mention of it in the claiming party’s notice of adjudication. That is only common sense: it would be absurd if the claiming party could, through some devious bit of drafting, put beyond the scope of the adjudication the defending party’s otherwise legitimate defence to the claim...

‘Generation Work from Home’ – the impact of default flexible working
Shoosmiths LLP, September 2021

The UK government has announced proposals to make flexible working requests a ‘day one’ right for employees, as part of reforms to the Flexible Working Regulations 2014. Over the past 18 months, the pandemic has been a catalyst for increased flexible working. Although this has meant ‘working from home’ for most, flexible work can include other arrangements such as flexitime, job-sharing, condensed hours and part-time work...

How not to treat pregnant workers and maternity leave returners
Shoosmiths LLP, September 2021

Recent cases provide a timely reminder that employers still make costly slip-ups when managing pregnant workers and those returning from maternity leave. We highlight some useful lessons from those cases on how to avoid discrimination claims. When a worker announces their pregnancy to their employer, the employer becomes subject to additional obligations until the end of the protected period when the worker returns from maternity leave...

So, you’re thinking about selling to a Registered Provider of Social Housing?
Shoosmiths LLP, September 2021

Particular issues may beset a sale of land between developer and Registered Provider but, by forecasting ahead, costs and delays can be avoided. As the demand for housing increases, so too will expected proportions of affordable housing provided as part of any development. Often the easiest way to provide on-site affordable housing is by bringing a Registered Provider (RP) on board. The RP might buy ready built plots or the land itself on which it will build...

Transitioning to Net Zero for Finance
Shoosmiths LLP, September 2021

We are very excited to be supporting the UN Global Compact Network UK’s ‘Transitioning to a Net Zero’ webinar series...

Employment essentials explained – Disability & Long COVID
Shoosmiths LLP, September 2021

As many of us continue to work from home and/or have opportunities for travel and meeting up restricted, we are continuing to run our essential webinar series for employers to ensure that our clients and contacts remain up to date and equipped to deal with all eventualities! Our latest seminar focused on disability and Long COVID...

Nitrate neutrality
Shoosmiths LLP, September 2021

Developments on hold, trips to the High Court, nutrient credit schemes... Ever since a European Court of Justice ruling in November 2018, being nitrate neutral has caused headaches and blockages for developers and planners. Shoosmiths partnered with Planning magazine on a virtual roundtable discussion which examined nitrate / nutrient neutrality, the rules and how developers and authorities can work within them to deliver the right kind of development...

How will costs be treated in a no-fault divorce
Shoosmiths LLP, September 2021

At the end of this month, court fees are increasing. The change is the result of a consultation led by the Ministry of Justice earlier in the year which considered whether court fees should be increased by inflation.  The full consultation can be accessed here.  From 30 September 2021, the cost of a divorce will rise from £550 to £593. At the moment, where the divorce is based on adultery, behaviour or desertion i.e...

National Security & Investment Act (updated)
Shoosmiths LLP, September 2021

The National Security and Investment Act 2021 – a law that will introduce a screening process for certain acquisitions and investments. The National Security and Investment Act 2021 will introduce a new mandatory notification regime for transactions that comes into force on 4 January 2022. We take a look at what it will cover...

RPDT with six months to go - the shape but not the rate of the residential property developer tax
Shoosmiths LLP, September 2021

This week the government has published the draft legislation for the residential property developer tax (“RPDT”) for technical consultation.    RPDT is a new tax, intended to be imposed on companies carrying out residential property development from 1 April 2022, and described by the government as being introduced “to ensure that the largest developers make a fair contribution to help fund the government’s cladding remediation costs”...

Working with A.I.
Shoosmiths LLP, September 2021

On 23 September 2021 we hosted our latest IHL webinar on working with AI: the key types, implementing AI and what the future might bring. Ian Blackwell represented Next Retail Ltd on the panel, alongside Simon McArdle and Sebastian Price, Commercial Partners at Shoosmiths. The background: Artificial intelligence (AI) is here now, and its power is taking off. Put simply, AI is a gamechanger...

And so, the pension gender disparity on divorce remains
Shoosmiths LLP, September 2021

A new report has found that men have substantially more private pension wealth than women, which may pose challenges when they divorce.   In October 2019, Shoosmiths commissioned research to understand the gender gap in pensions and we found that a third of married couples and those in civil partnerships did not know that they were entitled to a proportion of their spouse’s pension on divorce...

 

 

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