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A new marketing firm, the Garage, has caused controversy by publishing a job advert requesting applications from dyslexics only. The ad features Steve Jobs and states: “We are looking for talented thinkers who think differently to join us. We require people with a unique mind, so only dyslexics (like Steve) should apply.” This raises questions over the extent to which dyslexia amounts to a disability,…
After more than 40 years of equal pay legislation in the UK, the gap between women’s and men’s pay remains stubbornly high. According to data from the Office for National Statistics (ONS), the overall pay gap, based on earnings of full-time and part-time workers, has remained at 19.2% during 2014 and 2015. This means that, on average, women earn just over 80% of what men…
The EU-US data transfer framework known as “Safe Harbor” was declared invalid by the European Court of Justice (“the ECJ”) last October in the Schrems decision. Since then, US and EU authorities have been locked in negotiations to see if a deal could be reached to address the concerns raised by the ECJ when it struck down Safe Harbor. Top of the list were the…
After a four-year gestation period, political agreement has finally been reached on the new EU legal regime for data protection. An “agreed in principle” text of the proposed General Data Protection Regulation has been published. The text is likely to be modified for linguistic and consistency reasons, but the rights, obligations and potential penalties have been determined. The law should be formally adopted around Easter…
A recent Court of Appeal decision has confirmed that when allocating commission employers must exercise their discretion rationally and in accordance with the terms of the relevant contractual documentation (Hills v Niksun Inc). The case concerned Mr Hills, who was employed by Niksun Inc as its UK sales manager. After a sale of security software, he was promised that he would be “looked after” in…
In many civil law countries – France, Germany, Spain and Italy to name but a few – it is both normal and indeed a legal necessity to pay for restrictive covenants, such as non-compete, non-solicit and non-dealing clauses, during the term for which they are in force. That has never been the case in the UK and other common law lands, where the test has…
A qualifying recognised overseas pension scheme (QROPS) is a pension scheme established outside the UK which is broadly similar to a UK registered pension scheme. Members of UK registered pension schemes have a statutory right to request a transfer to a QROPS – this can be an attractive option for individuals who have built up their pension benefits whilst working in the UK but wish…