Yearly Archives: 2021

What advisers can do to help clients hit by the US/UK double tax treaty

Unlike most other jurisdictions worldwide, the US levies tax based on citizenship. This means that a US citizen living in the UK can be simultaneously exposed to UK tax as a UK resident and US tax as a US citizen. …

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Are Vaccination Policies at Work Discriminatory?

ACAS guidance ACAS (the body which deals with employee/employer disputes in the first instance) has taken the view that employers cannot require employees to take the vaccine and should listen to concerns if staff refuse to take it (read more …

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Are Harry and Meghan still exposed to UK tax?

News of a baby is always a joyous celebration for a couple and their family. For the estate planning lawyer, it represents a timely opportunity for the couple to reflect on their planning and whether it still achieves the desired …

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Shake up of CGT?

The Covid pandemic has dealt a serious blow to the state of the nation’s finances. Predicting what the pandemic holds in store has proven a real problem for commentators and the Government alike, but it seems certain that eventually the …

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Cyber criminals love lockdown

A timely reminder from the US Treasury Secretary of the heightened risks for businesses, public sector and individuals of the evolving threat from criminals using digital technologies.  Criminals are constantly seeking vulnerabilities in digital systems designed to keep transactions safe. At a time when many people have been working from home for an extended period of time and the pressures of the continuing lockdown may cause a relaxation of risk-prevention policies and procedures, Janet Yellen’s warning highlights the importance of remaining vigilant and cautious so that such attacks are either headed off or spotted and reported promptly so they can be resolved.  In addition to the risks she mentions, theft of large volumes of personal data from consumer-facing businesses can also pose existential threats to those businesses. Data and other regulators are empowered to impose huge fines, class actions by affected data subjects are becoming increasingly common, and serious reputational damage is almost inevitable, no matter how well-managed the PR response may be.Businesses should do all they can to encourage staff not to relax their guard. 

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Power women and maternity

Maternity and motherhood often still stand between women and achievement. According to a survey by the European Human Rights Commission, 44% of employers believe women should work for an organisation for at least a year before deciding to have children, and a third of employers believe new mothers are ‘less interested in career progression’. But when we step back and look around us, we see that this is just not true.A shining example of a woman successfully managing motherhood and a career is New Zealand Prime Minister Jacinda Ardern. The PM took six weeks’ maternity leave whilst in office in 2018 – New Zealand, of course, did not fall apart. Whilst on maternity leave, the PM even continued to read cabinet papers and consult on significant issues. The PM pointed out upon her return ‘I am not the first woman to multi-task. I am not the first woman to work and have a baby – there are many women who have done this before’. Far from being less ambitious, the PM was sworn in for a second term in November 2020 after a landslide victory.Ms Ardern was the second world leader to give birth in office. The first was Benazir Bhutto – the former and late Prime Minister of Pakistan. Ms Bhutto had to take a different approach, and when she had her daughter in 1990 she had kept her pregnancy secret even from her colleagues and returned to work the day after giving birth (something no woman should have to do). One of her cabinet ministers said: ‘suddenly we learn that she has not only gone and delivered democracy, she’s also delivered a baby’. The PM said ‘it was a defining moment, especially for young women, proving that a woman could work and have a baby in the highest and most challenging leadership positions’. I think it certainly was.It should be of no controversy then that the UK government is going to update the law so that the Attorney General can take six months’ maternity leave. The only thing which has surprised me about this announcement is that there was no provision in place for this before. It would be naïve to think that any government office is the sum of one person, so if we cannot afford for an individual to take time off to have a baby then that is a failing of a system. I hope that this high-profile change will show all UK employers that mothers can be, and want to be, in positions of power. There is still much work to be done to reverse stereotyping mothers in this country so we do not fall behind the rest of the world, but this is a start.

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Kim vs Kanye: Will the terms of their prenup be upheld if they divorce?

If the rumours are true Kim Kardashian and Kanye West have now “completely stopped marriage counselling” and their nearly seven-year marriage is sadly heading to the divorce courts. While some may feel that two lucky Californian attorneys are about to …

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Richard Viegas named in The Lawyer’s Hot 100 2021

The Lawyer’s prestigious annual list recognises the most daring, innovative and creative lawyers from in-house, private practice and the Bar. These talented individuals are chosen for both their excellence and their relevance. They are doing extremely important work and are …

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Taking time off to look after dependants

The general rule Under sections 57A and 57B of the Employment Rights Act 1996 all employees are entitled to take a ‘reasonable’ amount of time off from work to take ‘necessary’ action to deal with unforeseen emergencies involving their dependants. …

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Firms told to look out for domestic abuse signs

The pandemic is making employers and employees re-assess the value of the workplace. One factor, as Business Minister Paul Scully MP has pointed out, is rarely considered: are employees being subjected to domestic abuse?All employers have a duty of health and safety towards their employees which includes when employees are working from home. Employers need to really think about this and not assume everyone has the same home life. For example: an employee is desperate to go back to the office when they seem ok working from home – why is this? An employee is particularly distressed at the idea of being furloughed – could this be because they are scared of being at home? It is not implausible that an employee may be safer going to the office and risking contracting Covid-19 than staying at home with their abuser. Employers must be alive to this fact.It is good to see that the government is actively considering the impact of domestic abuse on employees and giving employers tips on how to recognise the signs, but the awareness campaign needs to go further. It is for all of us to spread the word that this is a real, sometimes life-threatening, issue which happens every day.Many victims of abuse are employed, meaning that they will likely have a boss they speak to every day. If that boss were trained to pick up the signs that something is wrong then a dialogue of how to combat the issue can start, and that is the first step to a way out for the victim. Everything starts with colleagues paying attention to each other more and talking about abuse openly. Employers have the power to start that dialogue today.Read Mr Scully’s full letter for advice on how employers can combat domestic abuse here. This includes free tips which employers can do almost immediately, and I would strongly recommend that employers read it.

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