The following Employment practice note provides comprehensive and up to date legal information covering:
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: Brexit and IP completion day—implications for employment lawyers.
Whether an organisation has a dedicated personnel or HR team, or devolves recruitment responsibilities to line managers and supervisors, it is important that anyone involved in recruitment is aware of the principles of good practice, particularly in relation to discrimination and data protection.
It is unlawful for an employer to discriminate against a person:
in the arrangements the employer makes for deciding to whom to offer employment, or
as to the terms on which the employer offers a person employment, or
by not offering a person employment
There is no specific prohibition regarding discriminatory job advertisements under the Equality Act 2010 (EqA 2010). However, if an employer publishes an advertisement which might reasonably be understood as indicating an intention to discriminate because of a protected characteristic (see: Protected characteristics—overview), this will nonetheless go to show direct discrimination (see Practice Note: Direct
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This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual
This Practice Note considers the law governing the procedural law of arbitration proceedings (the curial law or lex arbitri) and how it is determined under the law of England and Wales (England and English are used as convenient shorthand).The procedural law of the arbitral proceedingsThe procedural
Overlapping insurance policesThere are various reasons why an insured may end up with overlapping insurance cover, whether deliberately or otherwise.Examples include the situation where the insured takes the benefit of other insurance arranged by another party or where, in the commercial world, risk
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
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