Morgan Lewis (JD Supra United Kingdom)
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UK Employment Appeal Tribunal Advances Scope of Statutory Protection for Strikers
The UK Employment Appeal Tribunal (EAT) handed down its judgment in Mrs F Mercer v. Alternative Future Group Ltd. and Others on 2 June 2021. The EAT found that the relevant provisions in UK legislation protecting workers against detriment related to taking part in independent trade union activities ought to be construed as if such…
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UK Government Proposes Amendments to Arrangements for Insolvent Insurers
On 20 May 2021, the UK government published a consultation paper in which it set out its proposals to revise the current regime for insolvent insurers (excluding Lloyd’s underwriters). The proposals seek to clarify and enhance aspects of the existing “write-down” power of the court under Section 377 of the Financial Services and Markets Act…
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COVID-19 Concession on UK Right-to-Work Checks Now Ends 20 June 2021 (UPDATED)
Update: The UK Home Office has announced that the temporary COVID-19 adjusted right-to-work checks will now end on 20 June 2021, as opposed to 17 May 2021. From 21 June 2021, employers will be required to revert to face-to-face and physical document checks...
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UK Financial Conduct Authority Continues Focus on Diversity and Inclusion
The UK Financial Conduct Authority (FCA) has recently announced that it is considering adding a sixth question on diversity and inclusion (D&I) to its five conduct questions (5CQs). The significance of D&I has long been discussed and highlighted by the regulator...
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SPACs: Financial Conduct Authority Consults on Changes to UK Listing Regime
Key proposed changes to the UK listing regime include the removal of the presumption of suspension in trading in a SPAC’s shares when it announces a potential acquisition, subject to certain qualifying criteria being met.
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COVID-19 Concession on UK Right-to-Work Checks Ends 17 May 2021
The UK Home Office announced that on 17 May 2021 the COVID-19 right-to-work concession allowing employers to conduct right-to-work checks by video call will end.
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UK FCA Seeks to Ban Regulated Person for Nonfinancial Misconduct
The Financial Conduct Authority (FCA) has emphasised in recent years that firms should consider nonfinancial misconduct when assessing the fitness and propriety of staff.
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UK Financial Conduct Authority Makes Diversity and Inclusion a Regulatory Priority
The UK Financial Conduct Authority (FCA) has recently published two speeches reiterating the broad and fundamental importance of diversity and inclusion within financial services.
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The Impact of Brexit on UK Competition Law Cases
Following Brexit, EU competition law continued to apply in the United Kingdom until 31 December 2020 as part of an agreed Transition Period. In this LawFlash, we summarise how the end of the Transition Period is likely to impact the enforcement of competition law in the United Kingdom going forward, the extent to which UK…
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Outcome of UK Listing Review: Changes Recommended to UK Listing Regime
Recommended changes include allowing dual class share structures for premium listed companies, changes designed to increase the attractiveness of UK listings for SPACs, and changes to the free float requirement.
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UK Government Issues Statement of Changes to the Immigration Rules, March 2021; Introduces COVID-19 Declaration Form for International Travel
The Statement of Changes to the UK Immigration Rules open, expand, and streamline work and study routes. The declaration form for international travel requires overseas travellers to declare their reasons for travelling.
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Sovereign Wealth Funds Update: Tax Aspects of Private Fund Investments: Selected US, EU, and UK Considerations in the Current Environment
Despite the market disruption caused by the COVID-19 pandemic, sovereign wealth funds continued to make significant capital commitments to private funds during 2020, on a global basis. As the world emerges from the pandemic, a similar or greater level of investment activity by sovereign wealth fund investors is expected for 2021 and beyond.
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UK Government Extends Coronavirus Job Support Scheme Through 30 September 2021
On 3 March 2021, the UK government confirmed the continuation of the Coronavirus Job Retention Scheme (CJRS) through the end of September 2021. The CJRS was due to end on 30 April 2021 and has, so far, supported more than 11.2 million employees since its inception in March 2020.
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Gender Pay Gap Reporting: Organisations Granted Six-Month Grace Period
As businesses continue to grapple with the effects of the pandemic in the spring of 2021, the Equality and Human Rights Commission (EHRC) has granted companies a six-month extension to report their gender pay figures.
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Exclusivity, Noncompetes, and No Poaching: Navigating UK and US Employment and Competition Laws
Laws in the United Kingdom and United States are increasingly taking a more restrictive view on the permitted scope of exclusivity and noncompete clauses. On December 4, 2020, the UK government launched a consultation on measures to extend the ban on exclusivity clauses and to reform post-termination noncompete clauses.
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UK Employment Appeal Tribunal Ruling a Warning to Employers to Revisit Equality Training
With growing reports of an increase in online harassment during government-imposed pandemic lockdowns, a recent UK Employment Appeal Tribunal case alerts employers to their obligations with respect to tackling bullying, discrimination, and harassment in the workplace.
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UK Supreme Court Provides Policyholders an Antidote to Business Interruption Losses
This LawFlash provides a summary of the UK Supreme Court’s final decision in the FCA Business Interruption test case. The judgment is more policyholder friendly than the High Court judgment, particularly in relation to causation and quantification, and will have a far-reaching and long-lasting impact on policy interpretation.
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UK Coronavirus Job Retention Scheme: Government Expands Scope of Claims
Following the announcement of its third national lockdown on 5 January 2020, the UK government has updated its guidance on the Coronavirus Job Retention Scheme, stating that employers may furlough employees in circumstances where an employee’s health has been adversely affected by COVID-19 or where the employee is prevented from working or required to work…
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Changes to UK DAC 6 Reporting Requirements
Coinciding with the end of the UK-EU Brexit transition period, the United Kingdom has dramatically reduced the scope of DAC 6 reporting obligations in the United Kingdom.
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Updates and Considerations for UK Employers Regarding COVID-19 Vaccines
The United Kingdom on 2 December became the first country to approve the Pfizer-BioNTech vaccine for coronavirus (COVID-19), with approximately 500,000 people receiving the vaccine in the first two weeks of the largest vaccination programme in British history.
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UK’s Furlough and Business Loan Schemes Extended Again
UK Chancellor Rishi Sunak announced on 17 December that the Coronavirus Job Retention Scheme (CJRS) is to be extended until 30 April 2021. This represents a further extension of one month.
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Brexit and Design Rights: Ensuring Continued Protection
The Brexit “transition period” will come to an end on 31 December 2020, and from 1 January 2021, the United Kingdom will cease to follow EU rules. This brings significant changes to design law in the United Kingdom and European Union, relevant to all owners of Registered Community Designs and United Kingdom Registered Designs.
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Are You Ready for the New Off-Payroll (IR35) Rules?
Businesses in the United Kingdom which engage contractors through intermediaries should prepare now for changes to the “IR35” rules that will take effect in April 2021.
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COVID-19 Vaccine: Considerations for UK Employers
The eagerly anticipated news of coronavirus (COVID-19) vaccine candidates last week has been welcomed by the scientific community across the globe. For employers, the news has prompted consideration of the potential implications of a successful vaccine for the workplace.
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CMA Consultation on Revised Merger Assessment Guidelines: Status Quo or Codifying Digital Overreach?
The UK Competition and Markets Authority published for consultation updated guidelines setting out its approach to analysing mergers on 17 November. The guidelines update the current merger assessment guidelines (CC2/OFT1254)...
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The Uk’s Proposed New National Security Investment Screening Regime: Standalone, Mandatory, and Broad in Scope
The proposed regime is a huge departure for the United Kingdom, since it introduces mandatory filings for certain investments raising a national security concern, while it also gives the UK government extensive call-in powers for a period of up to five years for completed transactions, and it has retrospective application for transactions closing on or after 12 November 2020 but before the Bill...
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Latest Coronavirus Job Retention Scheme Guidance Released
HM Revenue & Customs (HMRC) in the United Kingdom (UK) has released its full guidance for the Coronavirus Job Retention Scheme (CJRS) extension, which was first announced by the UK government on 31 October 2020. The scheme has since been extended until 31 March 2021.
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UK Takeover Panel Consults on Major Changes to UK Takeover Code
Proposed changes to the UK Takeover Code include simplifying and adding flexibility to the timetable applicable to contractual offers, as well as making offer conditions relating to antitrust clearances subject to the same materiality requirement which applies to other offer conditions.
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UK Government Extends Furlough Scheme Until 31 March 2021
The United Kingdom has announced a second extension to the country’s Coronavirus Job Retention Scheme (CJRS) in less than a week. The CJRS will now run until 31 March 2021, with some revised details compared to the previous versions of the scheme.
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UK Government Extends Existing Job Support Scheme in Response to Latest Covid-19 Lockdown
The United Kingdom’s Coronavirus Job Retention Scheme has been extended by one month, replicating the furlough measures previously in place April through July.