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HTMLPresident Trump's US Immigration Policy - Implications and Consequences
Philip Barth, Theda Fisher, Reaz H. Jafri, Mark Lanning; Withers Bergman LLP;
Legal Alert/Article
March 7, 2017, previously published on February 01, 2017
On Friday, January 27, the Trump administration issued an Executive Order entitled "Protecting the Nation from Terrorist Attacks by Foreign Nationals" ("Executive Order") and ordered a restriction of entry to citizens of seven predominantly Muslim countries (Iraq, Syria, Sudan,...

 

HTMLEnhancing Transparency Of Beneficial Ownership Of Hong Kong Companies
Katie Graves, Patrick Hamlin, Denis Petkovic; Withers Bergman LLP;
Legal Alert/Article
March 7, 2017, previously published on January 30, 2017
The Financial Services and Treasury Bureau in Hong Kong has recently issued a consultation paper putting forward proposals to enhance the transparency of beneficial ownership of Hong Kong companies, including requiring such companies to maintain a register of persons with significant control (a PSC...

 

Adobe PDFUK - UAE Double Tax Treaty Now in Force - What You Need to Know
Daniele Dal Corso, Stijn Janssen, Ton van Doremalen; Withers Bergman LLP;
Legal Alert/Article
February 17, 2017, previously published on January 25, 2017
The signing of a double taxation agreement between the UK and the UAE in April 2016 was undoubtedly much anticipated and marks a new milestone in the successful expansion of the UAE's international tax treaty network.

 

HTMLLegal Advice: Privilege - Royal Bank of Scotland (RBS) Rights Issue Litigation
Peter Finding, Christina Morton, Libby Payne; Withers Bergman LLP;
Legal Alert/Article
January 18, 2017, previously published on January 10, 2017
This case was not in substance about employment law, but it highlights a difficulty that any HR professional could encounter. It confirms that when lawyers are providing legal advice to a client on an internal investigation, the range of documents that is 'privileged' that is, immune from...

 

HTMLHoliday Pay - British Gas v Lock
Peter Finding, Christina Morton, Libby Payne; Withers Bergman LLP;
Legal Alert/Article
January 18, 2017, previously published on January 10, 2017
The Court of Appeal confirmed in this long running case that results-based commission payments must be included in the calculation of holiday pay for the basic four weeks’ annual leave provided by the Working Time Regulations (WTR). The Court was however unwilling to extend the principle to...

 

HTMLReasonable Adjustments - G4S Cash Solutions v Powell
Peter Finding, Christina Morton, Libby Payne; Withers Bergman LLP;
Legal Alert/Article
January 18, 2017, previously published on January 10, 2017
Employers often want to know whether there are any circumstances in which the duty to make reasonable adjustments for disabled employees might extend to adjusting their pay. Previous case law has suggested that the duty to make reasonable adjustments does not usually extend to pay related matters,...

 

HTMLRight to Work in the UK
Peter Finding, Christina Morton, Libby Payne; Withers Bergman LLP;
Legal Alert/Article
January 18, 2017, previously published on January 10, 2017
The right to work in the UK continues to be a serious concern for employers as penalties for employing those who do not have the right to work are ramped up and the issue remains firmly on the Government's agenda. Brexit is likely to make the issue even more prominent. Two cases in 2016 - Nayak v...

 

HTMLWorking Time - Grange v Abellio London Ltd
Peter Finding, Christina Morton, Libby Payne; Withers Bergman LLP;
Legal Alert/Article
January 18, 2017, previously published on January 10, 2017
Until this case there were conflicting decisions on whether a worker could complain of being denied a rest break only if he or she has made an explicit request for a break. The EAT resolved the conflict in the worker's favour and held that the way the working day is arranged can have the effect of...

 

HTMLChild Care Vouchers - Peninsula Business Services Ltd v Donaldson
Peter Finding, Christina Morton, Libby Payne; Withers Bergman LLP;
Legal Alert/Article
January 18, 2017, previously published on January 10, 2017
The EAT has held that as childcare vouchers provided under a salary sacrifice scheme are part of the employee's 'remuneration' it is not discriminatory or detrimental to discontinue them during maternity leave. However, where the vouchers are provided on top of salary, without a salary sacrifice,...

 

HTMLEmployment Status - Aslam and Ors v Uber BV and Ors
Peter Finding, Christina Morton, Libby Payne; Withers Bergman LLP;
Legal Alert/Article
January 18, 2017, previously published on January 10, 2017
The most talked about case of 2016 was an Employment Tribunal's decision that two Uber drivers were not self-employed but were workers, entitled to the national minimum wage and paid holiday - a decision against which Uber has said it intends to appeal. A similar decision has followed in the new...

 


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