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Disputes

Disputes

A casual calculation: holiday pay for irregular workers

Employers will be taking a sharp intake of breath at the recent decision of the Court of Appeal in the case Brazel v The Harpur Trust (UNISON intervening) which addresses how to calculate pay for workers and employees who work irregular hours throughout the year.

The decision

The case concludes that the current practice of paying 12.07% of annualised hours to discharge an employer’s holiday pay obligation, as set out in ACAS guidance, is no longer reliable.

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Insurance litigation in Scotland – What can we expect for the second half of 2019?

As we pass the mid-point of 2019, our insurance litigation team reviews what we should look out for in the second half of 2019 and beyond.

New rules on costs and group proceedings

The Civil Litigation (Expenses and Group Proceedings) Scotland Act 2018 has three main objectives: (1) to make the costs of court actions more predictable; (2) increase funding options for the pursuer; and (3) deliver a more streamlined approach to mass litigation through the introduction of group proceedings. 

Possibly the most signifi

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HMRC: HR Directors & Hiring Managers to apply the off-payroll worker tax rules (IR35)

Yesterday, HMRC issued hotly anticipated draft legislation to reform off-payroll working tax in the private sector. The proposed changes, which will be introduced on 6 April 2020, mean that the burden of sorting out “widespread non-compliance” will be placed on private sector companies. This will create more work between now and 6 April 2020 for HR teams’ and Hiring Managers and generate a bigger tax bill for their business.

Proposed revisions

Legislation wi

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Social media advertising is the new normal, but is your brand prepared?

Pauline McCulloch

I hate to admit it, but my favourite shoes, my travel buggy and my dining chairs are all items that I first saw on Instagram. A method of advertising that once provoked little more than an eye roll from me, has now physically manifested itself in my life, reminded me that imaginative style and original ideas are not my USP. But am I the only one to have underestimated this impact of this shift in marketing practices? Is the regulatory framework for advertising insta-ready? 

Advertising through social media is one of the most innovative

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Supreme Court Guidance on Restrictive Covenants

The Supreme Court has allowed the appeal in the case of Tillman v Egon Zehnder Ltd, in what may be welcome news to employers.

Egon Zehnder (EZ), a professional services firm, specialises in executive search and recruitment. Ms Tillman was employed by them until January 2017.

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Are you getting the real deal?

Despite recent concerns as to the veracity of some online news content, the Internet remains an invaluable marketing tool for businesses, allowing them to reach customers far from where they are based. However, the rise in the prominence of social media platforms and the exponential growth of their content means that it has become increasingly difficult to keep track of all online posts relating to a business or product. 

With counterfeit goods only a mouse-click away, even social media platforms are now at risk of being flooded.  Instagram

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“Dignified” Semenya’s fight with IAAF marks the point where science, law and sport collide

Whenever South African athletics sensation Caster Semenya has faced a battle in her career, she has usually won - a list of sporting honours as long as your arm and a stream of beaten rivals is testament to that.

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Two of my favourite things: Mexican food and employment law...

Jennifer Skeoch

Until yesterday, Wahaca was best-known (to me at least) for its delicious tacos - and even more delicious mojitos. But after a customer (a former Labour leader of Camden Council) posted a tweet saying she had witnessed an “eat and run”, for which the waiter would need to pay out of his wages, the story went viral and Wahaca was criticised for financially penalising staff in this way.

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Wolves bite back in IP enforcement

For many football clubs, the team’s logo will often be one of its most valuable assets, becoming synonymous with the club itself.  It’s the image that’s plastered on everything from football strips to towels, from mugs to bedsheets. Fans wave flags with their team’s logo on match day and children cover their bedroom walls with posters of their favourite players.

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Me, My Selfie and IP

Social media has transformed the marketing landscape – providing the opportunity for brands to reach and interact with millions of potential customers with a single post. Even more transformative is that each and every individual customer with a social media presence is now a potential source of authentic and relatable advertising content. But, where a brand relies on user content for advertising, who owns the content?

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