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Shoosmiths LLP | June 2023

The automotive industry has launched a new LGBTQ+ movement with an aim to provide a safer space for LGBTQ+ people within the industry and drive change within the sector. The movement, named Driving Pride, is focusing on making the automotive sector a more inclusive and supportive industry for LGBTQ+ workers. Major automotive brands including Ford and Jaguar Land Rover have signed up to the movement in a bid to help promote greater diversity and inclusion within their organisations ...

Shoosmiths LLP | June 2023

Environmental, Social and Governance (ESG) is at the forefront of everybody’s considerations when looking at property investment, development and management decisions. The Purpose-Built Student Accommodation (PBSA) sector has always been naturally pre-disposed to considering such ESG issues from the sector’s early days ...

Shoosmiths LLP | June 2023

Industrial action is happening on the largest scale we have seen for decades and across multiple sectors at the same time. Maintaining positive employee relations is more crucial than ever, given the cost of living crisis and geopolitical climate ...

Shoosmiths LLP | June 2023

It is broadly accepted that hydrogen has an important part to play in our net zero future -the shape and the extent of that role, however, is widely debated. Low carbon mobility is one of those areas. Most analysis has focussed on the commanding position held by battery electric vehicles (BEVs) in personal mobility, and some of the advantages which hydrogen fuel cells have in heavy duty or return-to-base applications like buses[1], waste vehicles[2] and heavy haulage ...

Shoosmiths LLP | June 2023

Most commentary around AI looks at the big picture or the future of work, but in this article we look at some practical data protection implications for businesses that are considering implementing AI systems. 1. Automated Decision-Making There are specific rules in both the EU and UK GDPR (in this article we will refer to both together) covering individuals’ rights when processing involves solely automated decision-making, including profiling ...

Shoosmiths LLP | May 2023

“The building has to earn the commute. There has to be a reason for people to come into an office building, and that’s why you’re seeing this bifurcation between the best and the rest,” said Steven Mew, customer experience and flex director at GPE, during Shoosmiths’ recent roundtable on the UK’s flexible office space sector ...

Shoosmiths LLP | May 2023

Anecdotally, we are hearing that interim relief applications are on the rise. In this article we give employers the low down on what an application for interim relief actually is and why they should be on the lookout for them ...

Shoosmiths LLP | May 2023

The Charities Act 2022 is being introduced in phases. From June 2023 trustees will have greater flexibility over how they procure advice to ensure the terms on which they dispose of a charity’s interests in land are the best that can reasonably be obtained.  Voluntary Service Overseas is one of the latest major charities to scale down its office space as it responds to the long-term changes resulting from Covid-19 ...

Shoosmiths LLP | May 2023

For a decade or more, Meta has been sending Facebook data from European users – in the form of photos, chat, posts, and more – over to its parent company in the US for storage.  Since the Snowden revelations, Europe has been aware that this data has been open to US intelligence services on a large scale, without – it says – the protections and accountability afforded to people in Europe ...

Shoosmiths LLP | May 2023

BT announced earlier this week that it plans to cut between 40,000 and 55,000 jobs by 2030. It expects around 10,000 of these roles to be replaced by AI, particularly in customer services. BT’s recent announcement is a reminder that increased use of AI is now a key board agenda item, with businesses exploring whether they can increase efficiency and improve operations by investing in generative AI ...

Shoosmiths LLP | May 2023

Employment and immigration specialists Emma Morgan and Amy Leech look at the immigration considerations that arise in redundancy situations, acquisitions and insolvency procedures. A recording of the webinar is below along with a summary of key takeaways.   In current economic conditions, with the cost of living rising and the effects of the pandemic still lingering, businesses are having to look at ways to make cuts and reduce costs ...

Shoosmiths LLP | May 2023

The much-awaited Renters (Reform) Bill received its first reading in the House of Commons last week, on Wednesday 17 May 2023. After five years of consultation and refinement, the reforms aim to improve the leasehold system through increased regulation, digitisation and standardisation.  The Bill seeks to provide greater flexibility and security for residential tenants by imposing additional restrictions on private landlords ...

Shoosmiths LLP | May 2023

As we gear up for the UK Covid-19 Inquiry’s first full public hearing on 13 June, here is a reminder of what has been covered to date, followed by a list of issues to be covered within the scope of the first (Module 1) investigation. Inquiry to date the Inquiry was formally established by the Chair (Baroness Heather Hallett) on 28 June 2022, at which time the final Terms of Reference were published by the Government (UK COVID-19 Inquiry: terms of reference - GOV.UK (www.gov ...

Shoosmiths LLP | May 2023

In March 2022, the Economic Crime (Transparency and Enforcement) Act (“ECA”) was enacted and with it came the creation of a Register of Overseas Entities. Enforceable since January 2023, the register, which includes information about beneficial owners of property or land, attracts a financial penalty of up to £2,500 a day for those that did not submit information before the deadline of 31 January 2023 ...

Shoosmiths LLP | May 2023

Two months ago, we published an article speculating how the UK government may look to regulate generative AI such as OpenAI’s ChatGPT and Google’s Bard, as part of its broader approach to AI regulation in the UK. On 29 March 2023, the government unveiled its White Paper entitled ‘A pro-innovation approach to AI regulation’ ...

Shoosmiths LLP | May 2023

Progression of developments in technology have always led to impacts on the general workforce. With increased international focus on the speed of AI development and use, what could the impacts be of AI be on today’s workforce? The BBC have recently covered that “a March 2023 report from Goldman Sachs estimated that AI capable of content generation could do a quarter of all the work currently done by humans ...

Shoosmiths LLP | May 2023

The wait is finally over as the Digital Markets, Competition and Consumers Bill (Bill) passes through Parliament with aims of introducing numerous protections for consumers, including powers to clamp down on fake reviews. The pandemic was the catalyst in the rise of online shopping meaning that consumers rely heavily on online reviews, more so now than they used to ...

Shoosmiths LLP | May 2023

Why is ESG of importance to charities when they already make such a positive difference to society? Because there is still much to be done about how charities undertake their valuable work, and many do not yet communicate to stakeholders all the things they do well, in a systematic and measurable way. And because two thirds of millennials consider the social and environmental commitments of an organisation when deciding where to work ...

Shoosmiths LLP | May 2023

The Chartered Institute of Personnel and Development (CIPD) has issued a report which provides guidance on supporting employees who are experiencing fertility issues. The report surveyed 300 workers who experienced difficulties with fertility while in employment within the last five years, as well as over 2,000 senior HR professionals and decision makers ...

Shoosmiths LLP | May 2023

The Digital Markets, Competition and Consumers Bill's granting of power to the Competition and Markets Authority to impose financial penalties has grabbed the headlines.   The Government’s press release published alongside the Bill boasts that the CMA will be able to fine businesses up to 10% of their global turnover for mistreating customers ...

Shoosmiths LLP | May 2023

The Supreme Court on 10 May 2023 considered whether damage caused by an oil spill in 2011 could constitute a “continuing nuisance” – and so extend the limitation period for a claim ...

Shoosmiths LLP | May 2023

The recent sanction judgment gives important guidance on the way in which the court's discretion should be exercised when sanctioning a restructuring plan and considers whether it is necessary for opposing parties to provide valuation evidence of their own ...

Shoosmiths LLP | May 2023

We look at what employers should consider when dealing with a data subject access request ('DSAR') made when tribunal proceedings are involved. The obligations to comply with a DSAR and disclosure in litigation are governed by two distinct processes. DSARs As part of their privacy rights an employee has the right to request from their employer a copy of their personal data, through making a DSAR ...

Shoosmiths LLP | May 2023

On the 10 May 2023, the FCA published its findings from its review into firms’ approaches to fair value assessments under the new Consumer Duty. In conducting its review, the FCA’s objective was to understand how firms in different sectors are implementing the price and value requirements, in a bid to ensure that the internal supervisory and regulatory approaches within the FCA reflect industry thinking ...

Shoosmiths LLP | May 2023

In its recent judgement in Re Avanti Communications Ltd [2023] EWHC 940 (Ch) ('Avanti') the High Court decided that in some circumstances a charge can take effect as a fixed charge despite the chargor having some flexibility to dispose of assets without the consent of the charge holder. Background A charge expressed to be a fixed charge may be at risk of being re-characterised by a court as a floating charge if the charge holder fails to exercise sufficient control over the assets ...

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