vLex United Kingdom

  • “Stale” and “ineffective” training is insufficient to establish the reasonable steps defence

    A recent decision of the Employment Appeal Tribunal (EAT) in Allay (UK) Limited v Mr S Gehlen provides useful guidance to employers seeking to rely on the “reasonable steps” defence to a claim of discrimination, harassment or victimisation. An employer can be liable for acts of discrimination, harassment and victimisation carried out by its employees... (See Article)

    Feb 23, 2021 7:33 AM

  • Data flows to the UK from the EU won’t hit a dam

    The European Commission published a draft decision on UK adequacy for transfers of personal data from the EU to the UK, which you can read here. This EC conducted an assessment of the UK’s GDPR framework under the UK Data Protection Act 2018, including data protection rules applicable to UK law enforcement and national security... (See Article)

    Feb 23, 2021 7:33 AM

  • Nearly 500 sick as FSA renews breaded chicken warning

    Public health officials in the United Kingdom are continuing to investigate an outbreak of Salmonella infections linked to raw breaded chicken. From January 2020, there have been 480 patients confirmed with salmonellosis caused by two strains of Salmonella Enteritidis and linked to consumption of frozen, raw, breaded chicken products. The first warning came in October... (See Article)

    Feb 23, 2021 7:33 AM

  • Land Reform (Scotland) Act 2016 (Register of Persons Holding a Controlled Interest in Land) Regulations 2021

    The Land Reform (Scotland) Act 2016 (Register of Persons Holding a Controlled Interest in Land) Regulations 2021 were laid before the Scottish Parliament on 19th February 2021. The Regulations, which are made under section 39 of the Land Reform (Scotland) Act 2016, create a Register of Persons holding a controlled interest in land and revoke the Scottish Landfill Tax (Standard Rate and Lower Rate) (No. 2) Order 2020. Details can be found here.

    Feb 22, 2021 9:52 AM

  • EU Commission draft UK Data Protection Adequacy Decision published

    Following nine months of assessment of the UK’s data protection laws (including the rules on access to data by public authorities), the European Commission has today published its draft decision on the adequate protection of personal data by the United Kingdom. The draft decision can be found here. The draft decision is welcome news to... (See Article)

    Feb 22, 2021 9:33 AM

  • European Commission Publishes Draft UK Data Transfer Adequacy Determination

    On February 19, 2021, the European Commission published a draft data protection adequacy decision relating to the UK. If the draft decision is adopted, organizations in the EU will be able to continue to transfer personal data to organizations in the UK without restriction, and will not need to rely upon data transfer mechanisms, such as the EU Standard Contractual Clauses, to ensure an adequate level of protection. (See Article)

    Feb 22, 2021 7:33 AM

  • EU/UK Trade Post-Brexit: Rules of Origin and Their Impact on Competition Law

    The following note highlights certain barriers to free trade flows between the UK and the EU that have arisen in the post-Brexit era, with particular reference to rules of origin and origin procedures. It assesses the consequences these new rules will have in determining market power, influencing supply chain practices, and the application of UK... (See Article)

    Feb 22, 2021 7:33 AM

  • EU Commission publishes draft UK adequacy decisions

    The EU Commission looks set to adopt two adequacy decisions in favour of the UK, which will allow businesses to continue to freely transfer personal data from the EU/EEA to the UK.  On 19 February 2021, the EU Commission published two draft adequacy decisions permitting transfers of personal data to the UK under the GDPR, and... (See Article)

    Feb 22, 2021 7:33 AM

  • Supreme Court decision in Uber v Aslam

    The Supreme Court has today handed down its decision in Uber BV and others v Aslam and others, upholding the Employment Tribunal decision that the drivers are ‘workers’ within the meaning of S.230(3)(b) of the Employment Rights Act 1996 (ERA 1996) and the equivalent definitions in the National Minimum Wage Act 1998 (NMWA 1998) and... (See Article)

    Feb 22, 2021 7:33 AM

  • New Supreme Court judgments

    The Supreme Court has handed down 2 new judgments today (19th February 2021). The decisions handed down are in the cases Uber BV and others (Appellants) v Aslam and others (Respondents) and Evergreen Marine (UK) Limited (Appellant) v Nautical Challenge Ltd (Respondent). Details can be found here.

    Feb 19, 2021 11:00 AM

  • The end is nigh: UK Finance publishes new guide on LIBOR discontinuation

    The end of 2021 is fast approaching and regulators in the UK and the US remain steadfast in their encouragement for banks to stop using LIBOR where possible before that date. In light of this, UK Finance and PwC have published Discontinuation of LIBOR – Guide for Banks and Lenders, a resource specifically focused on... (See Article)

    Feb 19, 2021 9:33 AM

  • ONE YEAR ON – A RECAP ON EMPLOYERS’ HEALTH & SAFETY OBLIGATIONS TO HOMEWORKERS

    We are nearly one year on since the UK government announced its first national “lock-down”, yet here we are in February 2021 and the government guidance is still for anyone who can work effectively at home to do so. Whilst coronavirus vaccinations are being rolled out across the country, in all likelihood working from home... (See Article)

    Feb 19, 2021 7:33 AM

  • Brexit and the Financial Services Sector

    The EU-UK Trade & Cooperation Agreement (‘TCA’), signed at the end of last year did not cover financial services. Commentators had been sanguine about the potential impact on the City of London as a global financial centre. Figures showing that only 7,500 jobs had been re-located to the EU (out of the approximately 1.1 million... (See Article)

    Feb 19, 2021 7:33 AM

  • Food risk survey shows low awareness of Campylobacter

    There is low awareness of Campylobacter and its impact despite it being the main cause of food poisoning in the UK, according to a project on how people perceive food-related risks. Results come from a survey by Kantar Public and analysis at the Food Standards Agency (FSA). The study was online and had 1,194 participants... (See Article)

    Feb 19, 2021 7:33 AM

  • Brexit Updated: EU Set to Publish UK Adequacy Decision

    In a draft adequacy decision, reported to have been seen by the Financial Times (FT), the European Commission (the “Commission”) is set to allow the continued free flow of data between the EU and UK, after confirming that the UK offers an adequate level of protection for personal data, pursuant to Article 45 of the... (See Article)

    Feb 18, 2021 11:33 AM

  • Local and Greater London Authority Elections (Coronavirus, Nomination of Candidates) (Amendment) (England) Rules 2021

    The Local and Greater London Authority Elections (Coronavirus, Nomination of Candidates) (Amendment) (England) Rules 2021 were laid before Parliament on 17th February 2021. The Rules amend the Local Elections (Principal Areas) (England and Wales) Rules 2006 and the Greater London Authority Elections Rules 2007. Details can be found here.

    Feb 18, 2021 9:55 AM

  • Dutch Minister of Foreign Affairs updates Dutch Parliament on first period after the end of Brexit transition period

    On 15 February 2021, the Dutch Minister of Foreign Affairs (the Minister) sent a letter to the Dutch Parliament (Tweede Kamer) containing an update on the Dutch Government’s experience of the EU/UK relationship following the end of the transition period. The letter addresses the policy areas in which the impact of the end of the... (See Article)

    Feb 18, 2021 9:33 AM

  • UK HM Treasury Consults on Safe Harbor Rules for Legacy LIBOR Contracts

    On February 15, 2021, the UK Treasury published a consultation paper on potential legal ‘safe harbor’ rules for legacy LIBOR-referencing contracts which have been amended by the Financial Conduct Authority (the FCA) under the Financial Services Bill. Under the Financial Services Bill, as discussed in more detail in our earlier blog post, the FCA will... (See Article)

    Feb 18, 2021 7:33 AM

  • EU Expected to Permit Data Flow to UK With Forthcoming Adequacy Decision

    Turning briefly to data privacy developments on the other side of the pond, in a draft adequacy decision reported to have been seen by the Financial Times, the European Commission (the “Commission”) is set to allow the continued free flow of data between the EU and UK, after confirming that the UK offers an adequate... (See Article)

    Feb 18, 2021 7:33 AM

  • EAT refuses to swallow stale discrimination training – keeping up the statutory defence (UK)

    As a rule, an employer will be liable for the discriminatory acts of its employees towards each other unless it has taken all reasonable steps to prevent them doing that sort of thing (section 109(4) Equality Act, often known as the “statutory defence”). Allay (UK) Limited –v- Gehlen is one of really not very many... (See Article)

    Feb 18, 2021 7:33 AM

  • Does a failure to give notice to a prior QFCH invalidate UK administrator appointments?

    The case of Re NMUL Realisations Limited (in administration) [2021] EWHC 94 (Ch) follows in the footsteps of the case of Re Tokenhouse VB Limited [2020] EWHC 3171 (Ch),where the Court considered whether a charge-holder’s failure to give notice of their intention to appoint administrators invalidates the appointment (see our previous blog here). The issue... (See Article)

    Feb 17, 2021 11:33 AM

  • Family Procedure (Amendment) Rules 2021

    The Family Procedure (Amendment) Rules 2021 were laid before Parliament on 15th February 2021. The Rules amend rule 6.43 the earlier Family Procedure Rules 2010 and also insert a new rule 36.3. Details can be found here.

    Feb 17, 2021 9:46 AM

  • Further draft statutory instruments for the UK Emissions Trading Scheme

    On 12 February 2021, there was published on the legislation.gov.uk website a draft of The Recognised Auction Platforms (Amendment and Miscellaneous Provisions) Regulations 2021. The draft statutory instrument is part of the legislative effort to establish a UK Emissions Trading Scheme (ETS) and accompanying emissions allowances market. The UK ETS was established by the Greenhouse... (See Article)

    Feb 17, 2021 9:33 AM

  • UK Finance report – guide for banks and lenders on discontinuation of LIBOR

    On 12 February 2021, UK Finance issued a report Discontinuation of LIBOR – Guide for banks and lenders. The purpose of the report is to help UK Finance members understand where the LIBOR transition process has got to, and identify the actions they need to take now to ensure they are ready to meet the... (See Article)

    Feb 17, 2021 7:33 AM

  • PRA consults on implementation of the Basel Standards

    On 12 February 2021, the PRA published Consultation Paper 5/21: Implementation of Basel Standards (CP5/21). In response to the 2008 global financial crisis, the Basel Committee on Banking Supervision agreed a series of reforms to the financial services regulatory framework intended to enhance the resilience of internationally active banks. These measures are known as the... (See Article)

    Feb 17, 2021 7:33 AM

  • Watching the detectives – employee rights to monitor employer misconduct (UK)

    Today’s word is “Avizandum”, which the internet tells me is the name of the King of the Dragons, mate of Zubeia and father Azymondias, respected by all the elves as the most powerful creature in the whole of Xadia. Clearly. Whether the elves would have taken the same view if aware that the King of the... (See Article)

    Feb 16, 2021 7:33 AM

  • Scotland joins rest of UK in setting tighter labeling rules

    Stricter labeling rules on certain food products in Scotland will apply beginning later this year. The legislation requires businesses to include the product name and a full ingredients list, including allergen information, on foods classified as pre-packed for direct sale (PPDS). Current rules allow allergen information to be provided by any means including verbally by... (See Article)

    Feb 16, 2021 7:33 AM

  • Crime (Overseas Production Orders) Act 2019 (Commencement No.2) (Northern Ireland) Regulations 2021

    The Crime (Overseas Production Orders) Act 2019 (Commencement No.2) (Northern Ireland) Regulations 2021 were made on 11th February 2021. The Regulations are the second regulations dealing with commencement made under the Crime (Overseas Production Orders) Act 2019. Details can be found here.

    Feb 15, 2021 12:03 PM

  • Pensions Schemes Act – Why should UK insolvency practitioners be concerned?

    The Pensions Schemes Act received Royal Assent yesterday (11 February). For those involved in restructuring it is important to be aware that the Act introduces new offences, carrying hefty fines and the possibility of imprisonment that apply to “any person”.  Given the wide scope of the drafting the new offences could capture directors, insolvency practitioners,... (See Article)

    Feb 15, 2021 11:33 AM

  • Part 3: The expansion of virtual currencies – Are virtual assets businesses ready for regulators?

    Senior management and boards are increasingly acknowledging the threat of financial crime as a critical risk to their business that must be addressed. This has been exacerbated in the last 12 months through the impact of the pandemic as well as rising domestic and international tensions. Our financial crime compliance specialists, located in the UK,... (See Article)

    Feb 15, 2021 9:33 AM