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Briefing Notes

On your marks, get set…bake.

Is it discriminatory for a Christian baker to refuse to bake a cake containing a message in support of gay marriage? According to the Supreme Court in Lee v Ashers Baking Company Ltd and Others [2018] UKSC 49, no. The Appellants, Mr and Mrs McArthur, run Ashers Baking Company Ltd, a family owned business. The […]

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Stretching TUPE to the limit: Colino Sigüenza v Ayuntamiento de Valladolid

The Court of Justice of the European Union (CJEU) has held that, contrary to the opinion of Advocate General Tanchev in December 2017, a gap of five months in an undertaking’s activities does not necessarily preclude a transfer for the purposes of the Acquired Rights Directive (2001/23/EC) (ARD). The Claimant, Mr. Sigüenza, worked as a […]

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TUPE application and insolvency

Anyone who has acquired a business as a going concern will be aware of The Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) and its far reaching application. TUPE legislation exists for good reason: to ensure automatic transfer of employment for employees when the business for which they are working is transferred. You cannot […]

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Changes to the Taxation of Employment Termination Payments

From 6 April 2018, the question of whether or not a payment in lieu of notice (PILON) is contractual is no longer relevant for the availability of a £30,000 tax exemption. Any termination payments, including PILONs, will be subject to tax. Income Tax and National Insurance contributions will apply up to the amount of basic […]

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EU Approval for Enterprise Management Incentive (EMI)

EU state aid approval for the grant of EMI share options expired on 6 April 2018. HMRC has, therefore, advised companies to delay the grant of EMI share options on or after 7 April 2018 until the EU reaches a decision on renewing state aid approval for the EMI scheme. Whilst it is expected that […]

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Dividends and directors’ duties – case update

In an article that first appeared in The In-House Lawyer Magazine, Druces lawyer Caroline Cropley discusses a case that emphasises the importance of directors’ duties in situations where dividend payments are vulnerable to challenge. The case illustrates how the legal issues surrounding this area are complex and need careful navigation by directors and their advisers. Read our article […]

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Leave your innovative footprint in the regulatory sandbox

Background The UK’s financial technology (FinTech) sector generates about £20bn in revenue each year. To ensure that the UK continues to be an attractive and innovative market, promoting competition through disruptive innovation within an appropriate regulatory framework, the FCA has launched a FinTech regulatory “sandbox” (The Sandbox).  The Sandbox The Sandbox offers a tailored authorisation […]

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Don’t be unfair!

The Competition and Markets Authority (The CMA) has published a series of new short form “at a glance” guides to help businesses understand what terms are likely to be considered “fair” and “unfair” when used in a consumer contract. These guides add to the various items of guidance that the CMA published in October 2015 […]

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Member’s Voluntary Liquidations – Don’t Delay!

In recent years using a Member’s Voluntary Liquidation (MVL) has been a popular way of members of a company efficiently receiving dividends on a tax efficient basis.  However, forthcoming changes to the law mean that if you have been contemplating an MVL in relation to your business for purposes relating to restructuring, now is the […]

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