Posting of standard operating procedure was not enough: OLRB refuses to suspend inspector’s training order download
Employers often post new procedures in the workplace without providing formal training. A recent decision of the Ontario Labour Relations Board suggests that for some procedures posting is not enough; rather, training is required.
Full Federal Court rules that partly ‘aspirational’ grievance policy was contractual and criticises company's investigation download
This decision of the Full Court of the Federal Court is another sharp reminder to employers about the need to ensure their policies do not inadvertently become contractual.
RIP, RPI? download
Inflation has, in recent years, occupied an almost permanent slot in our news headlines.
The EAT considered whether an employee had accepted a change to her terms and conditions of employment by continuing to work for a period of nine years without expressly objecting to the change.
When does a duty to offer a suitable alternative vacancy to a woman on maternity leave arise? download
The recent case of Sefton Borough Council v Wainwright clarified the position. This case is especially relevant to employers who propose making redundancies in connection with a restructuring process.
The Employment Appeal Tribunal (EAT) ruling in Dyer v London Ambulance NHS Trust is a rare example of a case where no “reasonable adjustments” could be made to the workplace.
Saudi Arabia update download
Saudisation restrictions have eased and the Wage Protection System is to enter its sixth phase.
There is confusion over the new agency legislation and businesses should treat it with care and determination.
A retail employee who helped pursue a shoplifter, in violation of the employer’s workplace violence policy, could sue the employer and a supervisor in the courts for her injury.
Where is the boundary between assistance and being in the arena, and how does the internet impact on that?
Helen Barney discusses the landmark Employment Appeal Tribunal case concerning holiday pay of Bear Scotland & others v Fulton & Ors, Hertel (UK) Ltd v Mr Woods & Ors and Amec Group Ltd v Mr Law & Ors.
No work – no pay – injunction anyway download
Anthony Korn considers the Court of Appeal ruling in Sunrise Brokers LLP v Rogers .
Finance litigation briefing February 2015: report and review on the latest cases and issues download
Wragge Lawrence Graham & Co’s finance litigation experts bring you the latest on the cases and issues affecting the lending industry.
In a move that will be welcomed by employers, a European Court of Justice advocate-general has given an opinion against the aggregation of redundancies across an employer.
Everyone is aware of the institutional reforms envisaged under the new system with the Workplace Relations Commission. However, there are a number of other reforms that require some attention.
This checklist may assist in ensuring your organisation is ‘ShPL ready’.
Agency Workers Regulations download
It has been over three years since Vince Cable’s announcement that the government was committed to reviewing the Agency Workers Regulations (AWRs).
There is confusion over the new Agency Legislation and businesses should treat it with care and determination.
Regulation of the recruitment sector download
2013 saw a period of consultation on the government’s proposals to simplify and streamline the regulation of the recruitment sector.
This briefing provides an overview of employment law affecting the recruitment sector from January to May 2015.
Founding and managing partner
A practice that spans from everyday support to employers to to drafting complex management agreements and incentive arrangements.
Labour says that if it wins the May election paid paternity will almost double to £260 per week. Is this enough to persuade more to take it up?
The majority of UK businesses support a strike law reform, according to Eversheds.
In a recent case, the First-tier Tribunal (Tax) confirmed that a compensation payment that was made to an employee on the termination of their employment was taxable.
An expedited process for entities that require foreign experts to be invited to Israel for up to 30 days in aggregate, during a period of 12 months.
Updates on developments in shared parental leave, adoption leave, caste discrimination, tribunal recommendations and more.
New compensation limits from April download
New limits for awards for compensation for unfair dismissal, and statutory redundancy pay, will apply where the dismissal takes place on or after 6 April 2015.
The latest statistics for 2013/14 published by the Health and Safety Executive (HSE), pleasingly suggest that there is a downward trend in workplace fatalities and injuries.
We are a pre-eminent employment practice and work with our clients on the full range of domestic and international employment issues.
The National Labour Court has rejected an appeal against the Ashdod Port Company Ltd, represented by Herzog Fox and Neeman.
Addleshaw Goddard has advised Fircroft Engineering Services on a significant investment in a joint venture with a Saudi Arabian consultancy group.
Having an active joint health and safety committee can help employers defend against OHSA charges, court decision suggests download
An Ontario court has dismissed charges under the Occupational Health and Safety Act after two incidents that the joint health and safety committeee did not identify as posing a “high priority” safety concern.
The last few months have seen many announcements in relation to changes expected in the employment law arena.
While the judgment of the ECJ is still needed in the ‘Woolworths’ case’, Shoosmiths look at what might be in store for employers as a result of the AG’s opinion.
New statutory rates from April download
New rates for statutory maternity, adoption, paternity, shared parental and sick pay will come into effect on 5 and 6 April 2015.
Woolworths collective redundancy consultation ‘establishment’ ruling wrong, says advocate-general download
An opinion from the European Court of Justice could have a positive impact on insolvent business recovery prospects and multi-site employers making redundancies across their business.
The UK Government’s new policy on shared parental leave will have implications for pension schemes.
From 21 February there will be changes to the Canadian work permit application process.
Holiday pay update download
If a losing party in the Lock case were to appeal the tribunal decision about purposive interpretation it is possible the decision would be fast-tracked to the Court of Appeal…
Let’s face it. There are simply not enough US work visa options for Israeli professionals.
The Fit for Work regime: an overview download
With sick days costing UK business nearly £29bn each year, and with an estimated 960,000 employees on sick leave for a month or more each year, the government has turned its attention to helping people return to work after an illness.
The Code of Good Practice on Incentive Exercises (the Code) was issued in June 2012 by an industry working group.
Shoosmiths considers the legal framework for employers to help them avoid the pitfalls and reap the benefits of an older workforce.
The Italian Senate has spoken – labour reform is coming this year.
On 28 December 2014 the Law of Ukraine no. 77-VIII “On Amending Certain Legislation Acts of Ukraine to Reform Mandatory State Social Insurance and Legalization of Payroll,” was adopted.
A definitive ruling on the issue of without-cause terminations under the Canada Labour Code download
The Federal Court of Appeal has recently confirmed that without-cause dismissals are not automatically deemed to be “unjust” under the provisions of the Canada Labour Code.
Parental rights: which way is up? download
Ed Miliband this week suggested that a future labour government would double the amount of paid paternity leave from two to four weeks.
The Government is to introduce a new scheme next year that will allow workers to take small pension funds with them when they move jobs.
Office romances: employers beware download
The video that went viral this month of colleagues in New Zealand caught on camera in their workplace brings in to focus the issues that employers face regarding office romances.
The risks of visa workarounds and the need to legally establish before hiring employees in the UAE.
For foreign investors in China business downturns and their consequences can be daunting. Tales of rebellious employees are legion. With proper planning though, such scenarios can be avoided.
Global Employment Lawyer: unresolved issues in Egyptian labour law, tips for dealing with redundancy in China and more download
Significant trends and developments in the area of global employment and labour law.
Employment issues for multinational employers in the New York spotlight.
Global labour law update: Finland download
As from 1 January 2015, the application of the Non-Discrimination Act has been broadened.
Most employment lawyers are at least somewhat familiar with the US tax rules on deferred compensation under Section 409A of the US Internal Revenue Code.
This article aims to highlight certain ambiguities in the Egyptian Labour Law No. 12 for 2003 and its executive regulations
Employment laws are passed or newly interpreted in the United States each year, which make employer compliance with federal, state and local law increasingly more complicated.
‘If you think your salary is low…’: employer’s presentation was ‘offensive, distasteful and inappropriate as a motivational tool’, but not illegal download
An adjudicator has criticised an employer’s motivational presentation as “offensive, distasteful and inappropriate as a motivational tool”, but found that it was not illegal.
The cost of a holiday download
Under English law, all workers receive 5.6 weeks of paid holiday a year. This is 28 days for a full-time worker working a five-day week — already generous when compared with vacation globally.
Resolving an employment dispute in an amicable way seems to be beneficial for both parties: the employer and the employee.
In Romania, the inconsistent interpretation and application of legal provisions by the courts have resulted in uneven and confusing case law.
Balancing life’s responsibilities: Canadian human rights developments in the accommodation of family status download
With an increase in the number of dual-income households in Canada, it is not surprising that employers are facing growing demands from workers for flexible work regimes that allow for the fulfilment of childcare obligations.
In Israel’s largest umbrella organisation representing the hi-tech industries there is concern about the growing number of transfer pricing audits, specifically in the field of ESOP matters.
A tale of four green cards download
Being a legal permanent resident (LPR) of the US or a “green card” holder, obviously has many advantages, but what may not be so obvious are the responsibilities.
Significant changes to working time record-keeping and new notification requirements and sanctions with regard to posting employees to Austria
Workers who are unable to take holiday are entitled to carry over that untaken holiday into the next holiday year. A recent case has explored how this legal principle might be extended further.
The government has announced that the ‘second line of defence’ protections will apply to both contract-based and trust-based DC arrangements.
Issues including age discrimination, religion and sexual orientation are in the spotlight.
Global labour law update: France download
French employers are regularly subject to social security audits performed by URSSAF to check whether social security contributions have been duly paid.
Following a recent announcement by the Minister of Labour, Employment and Social Security, the current collective agreements in the economic sector will be extended to include the private sector too.
Spain has some of the strictest data protection laws in Europe.
Territorial scope: employee who worked in Australia entitled to bring claims in English tribunal download
The EAT has ruled that an employee of a British company, who worked remotely in Australia for family reasons, was protected against unfair dismissal and whistleblowing detriment.
When Woolworths went bust at the end of 2008, not only was it a watershed moment for UK retail, but it set in motion potentially significant implications for employers proposing large-scale redundancies.
Shared parental leave only applies to parents of children due to be born/adopted on or after 5 April. This date is fast approaching but don’t panic. There is still time to get ready.
Global employment briefing: UK download
Government action on holiday pay claims, tribunal fees regime challenge fails, and what’s on the employment agenda in 2015?
Welcome to our global employment and labour law update. Our aim is to keep you up to date with key developments to help you manage your global employment challenges.
Surely it must be the case that an employer would be safe to dismiss an employee who has admitted gross misconduct? Well, no, not necessarily, as the employers in two recent cases found out.
Before you go picking out curtains for your new Palo Alto estate, there’s one small matter that needs to be taken care of well in advance of the move — your US work visa.
Social media usage continues to put employees’ jobs at risk.
Coming into effect on 6 April are two key pieces of primary legislation that will be pivotal to the flexibility of pensions. This alert outlines the key aspects of the legislation.
Shared parental leave download
In order for the new shared parental leave rights to kick in, a parent entitled to maternity leave and pay will need to cut short her maternity leave.
Can an employee who simply overeats and is consequently overweight be protected for the purposes of employment law? download
While there is no freestanding protection against discrimination on the grounds of obesity, an employee may be protected under disability discrimination laws.
New rules apply when hiring foreign nationals in Beijing.
The latest instalment of the long-running Woolworth’s case has emerged in the form of the European Court of Justice advocate-general’s opinion that an ‘establishment’ is a ‘local employment unit’.
In these complex and thought-provoking times in Israel each individual has his/her opinion about the situation and the solutions, and many choose to share these on social media.
The recent case of ISG Construction Ltd v Seevic College  provides helpful guidance in relation to disputes involving non-payment which are referred to adjudication on ‘technicalities’.
New developments on holiday pay download
The EAT has significantly restricted the scope for workers to claim arrears of holiday pay.
The Ontario Securities Commission (the OSC) recently published ‘OSC Staff Consultation Paper 15-401’, which sets out a proposed framework for an incentive-based whistleblower program.
Revised version of Acas Code of Practice on Disciplinary and Grievance Procedures published download
The Acas Code of Practice on Disciplinary and Grievance Procedures has been revised to reflect the EAT’s decision in the case of Toal v GB Oils Ltd.
The issue in Eurasian Natural Resources Corporation plc v Judge concerned a claim by an employer for delivery up of confidential information by a director upon termination of his appointment.
The Small Business, Enterprise and Employment Bill is currently working its way through Parliament and is likely to become law in the Spring.
In this case, the Employment Appeal Tribunal considered whether a tribunal had erred in awarding a payment in lieu of a worker’s unused holiday allowance from previous leave years on the termination of his employment.
Many Woolworths and Ethel Austin former staff did not qualify for protective awards as they worked in stores with fewer than 20 employees.
11 Stone Buildings’ Tom Shepherd focuses on three key areas to consider when there is a sale of a business out of administration.
False assault allegation against supervisor was just cause for dismissal: video evidence was conclusive download
An employee who filed a written complaint, falsely alleging that his supervisor deliberately ran into him with a sharp blow from his shoulder, was dismissed for cause, an arbitrator has held.
Disability discrimination: duty to make reasonable adjustments where employee unfit to return to work in any event download
In this case the EAT considered whether an employer’s duty to make reasonable adjustments for a disabled employee was invoked where the employee was too ill to return to work in any event.
Good news day for employers and UK Government as establishment criterion looks set to return in collective redundancy download
The advocate general considers that the UK can legitimately limit the threshold for redundancies necessitating collective consultation to those where 20 or more redundancies are proposed at a ‘single establishment’.
It is widely known by employees that they are entitled to be accompanied to disciplinary and grievance hearings but that right is often misunderstood. This can lead to tensions.
In part one of our Employment Law 2015 preview, ‘and a new one just begun’, Wragge Lawrence Graham & Co looks at the anticipated legislative and judicial trends for 2015.
Update on VAT on pension fund costs download
This update sets out a brief overview of the issues, focusing primarily on DB schemes, but at the end also briefly considers the changes that have arisen for DC schemes.
Not the right fit? Fired hours after MOL inspector’s visit, employee awarded $19,000 in damages download
Employers who have bona fide reasons for dismissing an employee should avoid using ‘not the right fit’. They should also show up at Ontario Labour Relations Board hearings.
Buyer beware! Business purchases present numerous traps for the unwary particularly in terms of the employment liabilities that may be transferred.
Medical Innovations Ltd v Eakins was a summary judgment application in litigation between an employee and his former employer.
On 29 January 2015 all special collective agreements in the Republic of Serbia ceased to exist.
Fieldfisher has cast a wide net to snare lateral hires in Europe, but what is its strategy on the continent?
Berwin Leighton Paisner (BLP) partners have elected head of employment Lisa Mayhew as managing partner effective 1 May.
While some head injury victims may be fortunate enough to the have the benefit of generous sickness schemes or insurance policies, that will not apply to all.
Tthe Stronger Workplaces for a Stronger Economy Act, 2014 makes significant changes to several Ontario statutes.
Employment Update: Winter 2014/2015 download
The latest employment update from Bates Wells Braithwaite looks at secondment and joint employment, clawback, holiday pay, significant updates to the law and other key issues.
Dentons Global Mobility Guide 2015 download
The ability to move skilled workers globally is essential to the success of the world economy and the companies that drive it.
Following a protracted dispute, a Paris employment court rejected John Galliano’s £10m claim against his employers at Christian Dior SA and his own eponymous label for his dismissal in 2011.
In a health and safety prosecution concerning a dairy farm Tim Pole of No5 Chambers acted for the HSE.
The Cabinet Office has issued guidance on the use of settlement agreements, special severance payments and confidentiality clauses.
Banking: the trainee experience download
What do trainees in banking law do, who are their clients and what skills are essential?
The Court of Justice of the European Union has recently confirmed that obesity can be a disability. Shoosmiths considers the practical implications of this decision for employers.
Employment Insight: Politically incorrect? The status of political opinion in the workplace download
The news is full of countdowns to the general election in May, and between now and then we will no doubt be inundated with electioneering and opinion polls.
In an Ontario Divisional Court decision the issue was the application of a termination clause in an employment contract where the employer violated the contract in the course of the termination.
Tax update — January 2015 download
The Luxembourg Budget law, abolition of the witholding tax system and a new circular on benefits-in-kind, plus more.
In Italy, measures have been taken to preserve the continuity of operation of industrial plants of national strategic interest.
Memery Crystal’s employment department hosted another employment breakfast seminar on the topic of family-friendly rights in the workplace,.
In view of the imminent changes, the aim of this article is to provide a ‘ShPL ready - checklist’
Memery Crystal’s employment department has put together the top ten key facts for employers to know regarding flexible working requests, shared parental leave and time off for ante-natal appointments.
A supervisor with an asbestos abatement company have pleaded guilty to charges under the Occupational Health and Safety Act and was fined after workers were exposed to asbestos dust on a job site.
Freshfields Bruckhaus Deringer has continued its series of bold US lateral hires with the appointment of Kirkland & Ellis employment partner Howard Klein to its New York office.
Solicitors and counsel acting for members of the military know such claims carry distinct risks and thus cannot be viewed as stereotypical employers’ liability-type claims.
Dentons describes certain important changes in the rules on hiring and use of foreign citizens that will enter into force on 1 January.
The Small Business, Enterprise and Employment Bill is expected to produce a huge boost in SME receivables finance.
Bates Wells Braithwaite has released the Spring 2015 edition of its legal update for faith-based organisations.
The new rules apply to all foreign workers, except temporarily or permanently resident foreign citizens.
Am Law 200 firms give a resounding ‘yes’ for specialised marketing roles as confidence in the industry rises download
Totum has published a summary of research into marketing department staffing and trends conducted by J Johnson Executive Search.
In this post, Philip Lloyd Williams, principal of Lloyd Williams & Associates, shares his top tips in having a difficult conversation and how to avoid making matters worse.
Memery Crystal M&A update 2015 download
Memery Crystal draws attention to some important decisions made last year that may have a bearing on M&A transactions.
Winckworth Sherwood increases its employment team to five partners with the appointment of Withers’ Andrew Yule.
All about age: new ‘age’ resolutions download
2014 was all about age, says Ruth Ormston from Wragge Lawrence Graham & Co’s combined human resource solutions team, in this article that was originally published on Thomson Reuters.
Employer who voluntarily complied with MOL inspectors' orders was not entitled to suspension of orders pending appeal download
The Ontario Labour Relations Board has held that where an employer had complied with a Ministry of Labour (MOL) inspector’s compliance orders, the operation of the orders should not be suspended while the employer appeals.
The proposed Irish Knowledge Development Box regime will follow a similar framework to the Modified Nexus approach.
The Supreme Court of Canada has once again revisited how much constitutional protection is afforded to the collective bargaining process.
Excelerate Technology Ltd paid its former technology director Lindsay Cumberbatch £62,500 as consideration for agreeing to the extension of post-termination restrictions at the time of his redundancy.
ACAS has published an updated draft Code of Practice on Disciplinary and Grievance Procedures, which amends earlier guidance relating to a worker’s right to be accompanied.
A survey from the Department for Business, Innovation & Skills has found that 83 per cent of potential future parents will consider taking advantage of the new rules that come into force in April.
The employment issues around employing individuals who have been convicted of a criminal offence.
Median pay rises drop to 2 per cent download
Pay rises are currently worth more than inflation but only because inflation has fallen to a record low.
HFN has a large and knowledgeable employment team that works with local and international clients, on matters ranging from national labour disputes to individual employment agreements.
The UK Government published draft legislation on 22 January that aims to implement the recommendations of the Smith Commission for further devolution to Scotland.
Wearable technology in the workplace download
Despite the efforts of The Apprentice candidates, wearable technology is no laughing matter; this £450m industry is becoming increasingly popular, both in and outside the workplace.
Tweeting hell! download
The behaviour of employees on social media and an employer’s ability to discipline inappropriate behaviour has been a hot topic for some time.
WSIB age cut-off for loss-of-earnings benefits not discriminatory against older workers: court download
Ontario’s Divisional Court has decided that the Workplace Safety and Insurance Act’s age cut-off for loss of earnings benefits for older workers did not violate the Canadian Charter of Rights and Freedoms.
Statutory pay rates for 2015/2016 download
The Department for Work and Pensions has announced the proposed rates for statutory payments that will apply for the 2015/2016 tax year.
In this article, Memery Crystal addresses the major ‘talking points’ in employment law during 2015 and highlights areas that you should be aware of.
Prohibition notices are serious enforcement measures that form part of the recipient’s criminal record and can be costl
In Serbia, the New Act on Employment of Foreigners came into force on 4 December.
Serbia updates tax legislation download
New social security treaty signed between Serbia and France.
Pyranha Mouldings Ltd has become the 10th company to be convicted in the UK under the Corporate Manslaughter and Corporate Homicide Act 2007.
All collective bargaining agreements and employment rules, which were in force at the time the amendments were rendered into force, will cease to be valid on 29 January 2015.
The New Croatian Labour Act regulates, among other provisions, the necessity for the enactment of safety at work regulations for employers employing at least 20 workers.
Where MOL inspector withdraws OHSA compliance order, OLRB cannot reinstate while appeal argued download
In July 2014, an MOL inspector issued four orders against the Ontario Ministry of Children and Youth Services
Employers are currently focused on having the correct policies and forms in place for shared parental leave but they should not overlook the fact that there are a number of additional changes to adoption and parental leave due to come into force from 5 April 2015.
Changes to the UK immigration rules for Tier 2 migrants took effect from 6 November 2014 and affect employers who sponsor migrants to work in their organisations under a Sponsorship Licence.
In contrast to the majority of EU countries, in the UK workers are able to sign an agreement to ‘opt-out’ of the maximum 48 hour working week under the Working Time Regulations (WTR).
After much ‘will they, won’t they’ speculation, the High Court has dismissed UNISON’s challenge to the introduction of employment tribunal fees.
Insolvency set-off download
Is it possible for a party to deduct a debt owed to it under one contract from a debt owing to it under another?
We reported in our June newsletter on the European case in which a Danish childminder (Mr Kaltoft) brought a claim against his local authority arguing that his obesity amounted to a disability under the Equal Treatment Directive.
Since 31 December 2014, it is no longer lawful for employment agencies and employment businesses to advertise vacancies for jobs based in Great Britain exclusively in other EEA countries.
As part of the Small Business, Enterprise and Employment Bill 2014-2015, Regulations will be introduced in April 2016 to require public sector employees or office holders earning more than £100,000 p.a. to repay exit payments on a pro rata basis if they return to the same part of the public sector within 12 months.
A new government survey intended to assess the potential uptake of shared parental leave (ShPL) has reported that 83 per cent of those planning to become parents in the future would consider taking shared parental leave.
The Employment Appeal Tribunal’s (EAT) landmark decision in Bear Scotland v Fulton and others [UKEAT/0047/13] has been at the top of many HR agendas.
This round-up provides a summary of five different cases, each with commentary from Walker Morris.
Our expert employment barristers regularly deal with disputes including the use of confidential information, restrictive covenants in employment contracts, and more.
More news on the ORPP download
On 18 December 2014, the Ontario government released its consultation paper on the new Ontario Retirement Pension Plan (ORPP).
The debate continues as to whether the Ontario Labour Relations Board has jurisdiction to hear harassment-reprisal complaints under the Occupational Health and Safety Act.
The deadline for Albertans to provide input on changes to Alberta’s Occupational Health and Safety Code is fast approaching download
The Alberta government has made revisions to Alberta’s Occupational Health and Safety Code and has invited the public to provide comments on the proposed changes by way of surveys.
Wragge Lawrence Graham & Co has appointed Chris Oglethorpe as its new director of human resources. Oglethorpe joins from The Royal Bank of Scotland,.
Our Business Establishment Practice draws expertise from across various practice areas to provide clients with a comprehensive array of services.
Our employment practice is cross-disciplinary in nature and our team encompasses lawyers well-versed in corporate practice as well as disputes work.
As January is often seen as the time for instigating change, we thought it would be helpful to consider some possible New Year resolutions for those of you who have HR responsibilities.
Under the Data Protection Acts employers who force subject access requests now commit a criminal offence and there are increased notification obligations on data controllers.
Employers fined over wage shortfalls download
Ministers have ‘named and shamed’ dozens of employers who have failed to pay workers the national minimum wage.
2015 tax changes download
Luxembourg tax changes update.
Eversheds has been ranked in the 2015 Stonewall Top 100 Employers Index for the seventh year running.
As of 1 January 2015, Agnieszka Chylinska, Dr Piotr Kunicki, Dr Aleksandra Kunkiel-Krynska and Adam Nierzwicki have been promoted to Senior Associates at Wierzbowski Eversheds.
Two company directors of an importer and retailer of furniture and accessories, were jailed for 25 days after a worker died from a fall.
New California laws download
Governor Jerry Brown signed 930 bills during the 2014 session, the most in a single year since he took office in 2011. He also vetoed 143 bills, or about 13 per cent of the total that were sent to him.
Increased protection for temporary agency, fixed-term and part-time workers is the main theme of this update.
Medical screening to be transferrable and a rise in the minimum wage in the spotlight.
Chessington World of Adventures has been fined £150,000 over a breach of health and safety rules.
Are we Fit for Work? download
The Department for Work and Pensions has published guidance for employers using the Fit for Work service.
Memery Crystal’s employment department is hosting a breakfast seminar on 29 January 2015 on the topic of: ‘Family Friendly Rights in the Workplace: Challenges Facing Employers in 2015.’
Russell Holland reviews the case of Game v Laws, which concerned an employee who was dismissed for making offensive “tweets”.
What employment law developments will make the headlines in the first half of 2015? Gateley employment associate Chris Davies gives us his predictions for the months ahead.
Colibri Kazakhstan lawyers, together with counsel Natalya Gilyova, have successfully completed advising on the issues of rotational work and collective agreement provisions.
The update contains a round-up of key developments in this area during December 2014.
The EU Commission published its 2015 Work Programme in December with the following employment-related items.
This update looks at employer insolvency risk, last-man-standing schemes and contingent assets, following the publication of the Pension Protection Fund’s Levy Estimate for the 2015–16 levy year.
llinois has jumped ahead in the movement to increase employee retirement savings.
As much as we Canadians boast about our homegrown talent, to maximise the quality of our music, TV and film, we sometimes need an assist from outside our borders.
Shale gale blows on in 2015 download
This briefing highlights the ongoing interest in shale and the implications of the government’s emerging Infrastructure Bill.
Global employment briefing: Italy download
New legislation aims to restrict awards from a redundancy fund in the event of business closure.
Global labour law update: Ireland download
A number of Labour Court recommendations have found that overtime can be included in the calculation of holiday pay if it is regular and rostered.
DLA Piper has been appointed as principal external legal adviser to Heineken UK in a first for the UK brewing and pub giant.
We are running a free training session on business immigration in February. For employers who hold a sponsorship licence, getting it wrong could result in the revocation of that licence
Less than a quarter of employees have asked to pursue flexible working opportunities since new legislation came into force, according to research.
Naomi Owen looks at the recent decision from HHJ Eady QC in Blackwood v Birmingham and Solihull Mental Health NHS Foundation Trust .
Employers: 2015 deadlines approach to furnish incentive stock option and employee stock purchase plan information statements and returns download
This briefing from DLA Piper offers information on timely filing.
Shoosmiths has been shortlisted for Litigation Team of the Year and Employer of the Year at this year’s Scott Co Scottish Legal Awards.
Two long-serving members of East Sussex Fire and Rescue were killed by an explosion at a fireworks factory in 2006.
In this blog post we look at what The Department for Business, Innovation and Skills, HM Treasury, HMRC and the Takeover Panel are going to do differently in 2015.
T minus 84 days. The countdown has begun. The date is coming. It will be here soon. It is the biggest event of the year in US immigration.
Amendments to the labour law download
As of 1 April employers will not always have to require prospective employees to undergo initial medical examinations, which may translate into lower staff costs.
Changes to social insurance laws download
As of 1 January members of supervisory boards have joined join the group of persons subject to mandatory retirement and disability pension insurance.
Changes to maternity and paternity leave in the spotlight.
Sometimes, more could be done by the client to promote their brand in the right way to beat the competition when recruiting top talent.
How should employers address issues of misconduct at the office party?
Global employment briefing: Sweden download
Changes to disability discrimination legislation and proposed regulations from the Swedish Work Environment Authority are among the subjects covered in this update.
A New Year it may be, but unfortunately 2015 has started with yet more headlines of elderly care home patients being physically abused by staff.
Global employment briefing: Slovakia download
Changes to the compulsory provision of occupational medical services and a minimum wage rise are among the issues covered in this update.
Did you know that only eight per cent of employees report wrongdoing externally without first reporting it internally?
Employment rights for parents in a surrogacy arrangement are currently limited. Changes are, however, afoot from April.
An attempt by Unison to overturn the fees charged to claimants who want to take their employer to an employment tribunal has been rejected by the High Court.
The latest series The Apprentice caused the usual controversy - with limited success for the legal candidates.
A requirement is to be introduced that Saudi nationals remain with their employers for at least six months as opposed to three, before companies can count them towards their Saudisation classification.
Global labour law update: Hungary download
Since the start of 2015 a number of changes have come into force regarding employment law in Hungary.
For whom the bell tolls: the changing joint employer standard and what it means for your business download
The joint employer standard is changing rapidly, and businesses — among them franchisors and investors — need to be aware of the emerging landscape to protect their brands and their bottom lines.
Two new Federal Laws introduce amendments to the law ‘On Legal Status of Foreign Citizens in the Russian Federation’.
Global labour law update: Germany download
On 11 December 2014, the German federal government approved a ‘one company, one collective agreement’ law.
Regulations that would have made employees of third-party home care agencies ineligible for the Fair Labor Standards Act’s (FLSA) companionship exemption from minimum wage and overtime pay have been struck down.
The UK labour market is set to be in its best position since the start of the recession during the coming year, a top economist has predicted.
A skills gap could hamper the recruitment efforts of companies and leave some vacancies unfilled next year, a new study suggests. The warning comes despite the intention among half the firms surveyed to recruit more staff over the coming 12 months. The Confederation of British Industry (CBI) asked 323 firms about their recruitment plans for 2015. Click on the link below to read the rest of the BP Collins briefing.
The practical difficulties facing companies wishing to implement a robust response to the UK Bribery Act should not be underestimated.
Loyens & Loeff Amsterdam has appointed five new partners, bringing the total number of partners to 103.
Emmanuelle Ragot, IP/TMT partner, has been nominated by Who’s Who Legal as one of the world’s leading technology, media and telecommunications practitioners.
Addleshaw Goddard looks back at the key legislative developments for 2014.
Addleshaw Goddard gives an overview of future legislative developements for the coming year.
The High Court has dismissed UNISON’s second judicial review challenge of the tribunal fees system.
The European Court of Justice (ECJ) has confirmed that obesity may be a disability where it: ‘entails a limitation resulting in particular from long-term physical, mental or psychological impairments’.
There are inherent difficulties with work social events stemming from the fact that for the most part, a work-social event is just that — work.
Holiday pay: recent developments download
Addleshaw Goddard gives an update on developments relevant to how an employer caluculates holiday pay in future.
Redundancy and maternity leave: when does the duty to offer a suitable alternative vacancy arise? download
In a business reorganisation, the duty to offer a woman on maternity leave a suitable alternative vacancy arises when the employer becomes aware that her role is redundant or potentially redundant.
An employer is unable to enforce restrictive covenants when the employee resignes if specific considerations are not included in the initial contract.
Carey Olsen examines changes to the unfair dismissal law in Jersey.
New research says a large number of UK employees are risking their health by failing to go to medical appointments.
Serbia has adopted a Law on the Protection of Whistleblowers, its first that should provide effective protection to individuals who report suspicions of corruption.
12 festive tips to help minimise any risks before, during and after the office Christmas party and provide a safe (and fun) environment for employees.
Game Retail Ltd v Laws highlights the importance of clear social media and disciplinary policies.
Karanovic & Nikolic’s Mirko Kovac and Jelena Danilovic held a presentation at the 15th meeting of the German-Serbian Business Association HR group on 4 December 2014.
Naeema Choudry has commented on the decision of the CJEU on whether EU law protects workers against discrimination on grounds of obesity.
Holiday pay – an essential guide download
The Employment Appeal Tribunal has confirmed that non-guaranteed overtime must be included in holiday pay if it is paid regularly.
Persistent mockery and intimidation of supervisor warranted six-month suspension of long-term employee download
An employee’s persistent mockery and intimidating conduct towards a supervisor warranted a six-month suspension, an arbitrator has held.
On 18 December, 2014, the Ontario government released its consultation paper on the new Ontario Retirement Pension Plan (ORPP).
HMRC has published a finalised policy on VAT for pension schemes.
The European Court has ruled that obesity may fall within the concept of ‘disability’, attracting protection against discrimination.
With employees increasingly using their personal mobile phones for business calls, employers must consider the legal implications of today’s ‘always on’ environment more than ever.
On 2 December, Eversheds hosted its annual Food and Drink conference, which opened with a keynote speech by Adam Leyland, editor of The Grocer.
Government action on holiday pay download
The government has announced changes to the law which will limit claims for deductions from pay filed on or after 1 July 2015 to deductions which occurred in the two-year period before the claim is filed.
Sponsors of contracted-out defined-benefit schemes should have this issue on their agenda for Q2 of 2015.
This speedbrief looks at the Ombudsman’s decision and its implications for clients who find themselves involved with pensions liberation schemes.
Tribunal fees regime challenge fails download
Employment Tribunal fees are here to stay for the time being after the High Court rejected Unison’s claim that the fees regime is unlawful.
In recent years, many consumer-facing multi-national companies have been paying increasing attention to a developing global business and human rights agenda.
The case of FOA (Kaltoft) v Billund (C-354/13) is the first time the Court of Justice of the European Union (CJEU) has considered issues concerning obesity-based discrimination. More specifically, it has looked at whether obesity can be classed as a ‘disability’ under the Equal Treatment Directive.
Saudi Arabia Update — Shoura Council focus on monopolies; liberalisation of healthcare sector; and more download
Dentons’ latest Saudi Arabia Update covers healthcare liberalisation, employment law, consumer protection and judicial corruption.
The debate around Berwin Leighton Paisner managing partner Neville Eisenberg’s replacement is hotting up with three partners including corporate head David Collins thought to be early contenders.
The typical zero-hours worker gets paid well under half the amount which is earned by permanent employees, a new study suggests.
Extended through the end of this year are a host of tax-related deductions and credits that affect businesses and individuals, among them the work opportunity tax credit.
The High Court has held that local authorities who place children in foster care are not vicariously liable for acts of physical and sexual abuse committed by foster carers.
Shoosmiths has advised Eriks on the disposal of Revolvo Ltd to US corporate The Timken Company.
A truncated due diligence exercise, however time-efficient, can lead to unexpected exposure for purchasers.
The Royal Court of Jersey has held that a businesses’ client contact information, stored on a database such as Microsoft Outlook, is protected by laws of confidentiality.
Total fines now $1.24m in Christmas Eve fatalities after swing stage company and director fined download
The total of safety fines paid for the 24 December 2009 swing stage collapse fatalities is now $1.24m (£790,000).
The ‘If it would be illegal to say it on the street, it is illegal to say it online’ test can also be applied to anything posted on social media sites during the office Christmas party.
Five million employees now have workplace pensions, thanks to automatic enrolment.
Health Alert — changes to Commonwealth Seniors Health Card; Cheney v Mid North Coast Local Health District; and more download
DLA Piper has released the 15 December 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
A recent Employment Tribunal decision means that overtime must be taken into account when calculating holiday pay.
The World Economic Forum recently published the ninth edition of its annual Global Gender Gap Report. Italy has taken a step backwards.
We reflect on our pick of the 2014 legislative and case law highlights in the employment sphere. And, of course, our 2014 awards…
A new law in Slovakia offers successful whistleblowers a bounty corresponding to 50 times the minimum wage.
Memery Crystal partners led a LSE workshop on internationalisation for SMEs that have expanded or are interested in expanding their UK businesses globally.
Disciplinary-related injuries download
An employer that unreasonably takes disciplinary action against an employee may clearly be at risk of a claim for unfair dismissal. However, could they also face personal injury claims if the employee’s health suffers as a result?
Chinese red circle firm Zhong Lun has signed up to employment alliance L&E Global, marking the network’s first step into the Asian markets.
How can employees safeguard the individual’s dignity and mitigate allegations of age discrimination when it becomes necessary to bring an employee relationship to an end?
Sentencing hike for health and safety, corporate manslaughter or food safety and hygiene offences on the cards download
Proposed sentencing guidelines could have a dramatic impact on the level of fines imposed on businesses convicted of health and safety, corporate manslaughter or food safety and hygiene offences.
Minter Ellison advised the NSW government over the procurement of Northern Beaches Hospital in a ‘first of its kind’ transaction.
Mining company Glencore recently reacted to a depressed coal price by announcing a three-week shutdown during which employees would be asked to take annual leave.
At this time of year, employers need to be mindful that social media can be the Christmas present nobody wants.
From 1 January 2015 the qualifying period in respect of the right to claim unfair dismissal will change in Jersey for certain employees.
A judge has found that an employer cannot successfully have a second bite of the cherry by commencing its own adjudication on an application for the true value of works.
Shoosmiths tops five categories and features in another five in Inside Buzz rankings.
Sometimes when an employer discovers a building defect, it would not be worthwhile for the employer to sue because the main contractor may not have the means to pay the awarded sum.
Two recent decisions have clarified the heightened burden facing employers addressing whistleblower retaliation claims under Section 806 of the Sarbanes-Oxley Act.
The season to be jolly is once more upon us, but employers should be mindful of the legal issues that can arise over the festive period.
In a market that has become synonymous with change it is no coincidence (to us at least) that in the past three months we have been asked to help recruit IT directors into four successful, innovative law firms.
‘It is not the Board’s role to chase’ unrepresented employee: safety-reprisal complaint dismissed download
The Canada Industrial Relations Board (CIRB) has dismissed a safety-reprisal complaint where the employee missed deadlines and failed to respond to CIRB correspondence.
Dealing with poor performers is often the area managers find most challenging. We set out below seven key steps managers should take.
Sarah Sasse, who leads Wragge Lawrence Graham & Co’s public sector IT/outsourcing practice, has been named in the 2014 Power Part Time list.
Only 18 per cent of HR managers believe that domestic violence is a high priority for their business.
Employers are prohibited from requesting criminal background checks or clearances, except in specified, sensitive sectors.
The Canadian government partnered with Startup Canada to hold Startup Canada Day on the Hill on 26 November.
Lawsuits seeking compensation of damages caused to a company by its management are being filed with increasing frequency.
Eversheds has appointed three new partners in its employment, real-estate and projects/procurement groups in Ireland.
$185m punitive damages for pregnancy discrimination: what led to the largest single-plaintiff employment award? download
Rosario Juarez worked at AutoZone but now can buy one per cent of its total market capitalisation.
An Alberta employer has been sentenced to a fine of $80,000 plus the 15 per cent victim fine surcharge following a workplace incident that occurred in 2011 at its distribution centre.
Jim Meakin, Baker Tilly’s head of tax, has responded to the Autumn Statement 2014.
Lesley Fidler, associate director at Baker Tilly, has commented on the Autumn Statement 2014 and its impact on employers.
The 12 employment cases of 2014 download
As Christmas approaches and another year draws to a close, Shoosmiths looks back at some of the most notable cases of 2014.
The Small Business, Enterprise and Employment Bill is currently going through parliament.
Terminating a contractor’s employment under a building contract may sound like a simple thing to do and, all too often, parties assume that it is.
According to William Ballmann, this ‘encouraging’ research bodes well for employment in the region.
The Royal Bank of Scotland restructured the division in which Ms Palmer worked and she was placed at risk of redundancy.
The Employment Appeal Tribunal gave an important ruling on 4 November 2014 in Bear Scotland v Fulton.
Can an employee who has breached their employment contract claim constructive unfair dismissal? download
The EAT has considered whether an employee who had repudiated his employment contract could bring a constructive dismissal claim following his employer’s subsequent repudiatory breach of contract.
The business minister Matthew Hancock has announced changes to the Small Business, Enterprise and Employment Bill 2014–2015.
Employment update — December 2014: contract variations; holiday pay; shared parental leave; and more download
Wragge Lawrence Graham & Co’s employment experts bring you the latest developments that may affect your business.
The risks and financial burden to employers of shared parental leave.
Disability-related disciplinary download
A recent case has highlighted that where an employee’s misconduct has been caused by a medical condition an employer may not necessarily be acting fairly when deciding to dismiss.
The draft Law on Employment of Foreigners was published in the Official Gazette of the Republic of Serbia on 26 November 2014, and will come into force on 4 December 2014.
Addleshaw Goddard is to introduce new policies in the wake of the shared parental leave (SPL) regime, which came into force on 1 December 2014.
More than 285,000 couples will be able to take advantage of the new shared parental leave rules.
Shared parental leave download
If recent surveys are an accurate reflection, there may be more interest in shared parental leave than originally anticipated.
Dismissal of safety — reprisal complaint set aside where employee, mistaken about start time, failed to attend hearing download
An employer is facing a resurrected Ontario Labour Relations Board safety-reprisal hearing after the case was dismissed when the employee failed to attend the hearing.
The Parliament of the Republic of Serbia adopted the Law on Employment of Foreigners on 25 November 2014.
Senior associates Alex Cochrane and Gwyneth Williams from Collyer Bristow recently took part in a podcast for XpertHR.
The Smith Commission download
The Smith Commission has published its recommendations for further devolution of powers to the Scottish Parliament.
Section 56 of the Data Protection Act 1998, dormant since the DPA came into force, is expected to be implemented shortly.
Simon Tytherleigh has commented on the announcement by the Smith Commission that control of the employment tribunal system in Scotland is to be devolved.
Nabarro has advised the management team and certain selling shareholders on the management buy-out of Human Capital Investment Group.
Addleshaw Goddard, Baker & McKenzie and Linklaters are among firms to put forward new policies after legislation on shared parental leave became law yesterday (1 December)
UK: privacy and information law update — enforced subject access: a new criminal offence under the Data Protection Act 1998 download
Section 56 of the Data Protection Act 1998 (DPA), dormant since the DPA came into force, is expected to be implemented shortly.
Update — VAT on pension costs download
On 25 November, HMRC issued two Revenue & Customs Briefs. Eversheds has set out the background and a suggested way forward.
Memery Crystal’s employment team has come up with the top five things that it sees as the most relevant for employers to consider when using social media in their workplace.
On 26 November, Memery Crystal’s employment department hosted a panel discussion on the topic of social media in the workplace at its office in London.
The Smith Commission has finally reported back with its recommendations for further devolved powers to the Scottish Parliament. What are the implications for employment law and HR practitioners?
Pensions News (UK): the introduction to parliament of the Taxation of Pensions Bill; the Pensions Regulator’s latest report on compliance activity in relation to automatic enrolment; and more download
Welcome to the latest edition of Pensions News, which aims to help employers and trustees keep up to date with all the latest developments in pensions legislation, guidance and case law.
Whistleblowing has been back in the news again recently, with a number of high-profile cases making the headlines.
Accountancy and consulting giant EY is the third of the big four accountants to enter the regulated legal market after being granting an ABS licence by the Solicitors Regulation Authority (SRA).
TUPE in outsourcing download
Kemp Little looks at the development of case law on TUPE in outsourcing situations and draws out five main themes from the key cases of the last 12 months.
Up to Date: shared parental leave — our detailed guide to the new system; making sense of holiday pay; and more download
Addleshaw Goddard has released the November 2014 edition of its Up-to-Date publication on employment law and developments.
Holiday pay: Unite will not appeal download
In an unexpected about turn, Unite has announced that it will not pursue an appeal against the decision of the Employment Appeal Tribunal in Bear Scotland v Fulton.
The B P Collins employment law team entertained a 90-strong crowd at the latest CIPD Chiltern event at the Bellhouse in Beaconsfield in a bid to demystify the employment tribunal process.
Eversheds Saladžius’ head of marketing Aušra Jefremoviene and attorneys-at-law Nerijus Zaleckas and Arnoldas Jokubaitis will be delivering a presentation at National Careers Week.
In two recent cases, the Employment Appeal Tribunal has considered the issues of assignment for managers.
‘Zero tolerance’, automatic suspension approach to safety violations criticised, written warning substituted download
Employers are increasingly taking a ‘zero tolerance’ approach in which a minimum level of discipline — whether a suspension or dismissal — is imposed for certain serious safety violations.
Goodman Derrick has received recommendations in all of its core commercial practice areas from Chamber & Partners and The Legal 500 in their 2014 editions.
Nathan Donaldson has provided governor appeals training to ensure that the executive of Ravensbourne had sufficient governors to call upon to hear any future grievance.
Equal-pay claims are often viewed as the preserve of the public sector, but in light of the current class action against Asda this perception is being challenged.
Workers who make protected disclosures gain extensive protection under the Protected Disclosures Act 2014, which came in to force in July of this year.
The arrival of the festive season is usually a time for merriment, but for employers it brings with it the challenges involved with sourcing additional staff to meet increased consumer demand.
On 22 November, the Canadian government announced the removal of the requirement for Chilean nationals to obtain temporary resident visas to travel to Canada.
An Ontario employee has been convicted of criminal mischief after sending a fake email to fellow employees, degrading another co-worker.
Whistleblowing — every little helps? download
Following on from the recent revelations surrounding Tesco, BWB’s Louise Rea explores the legal connotations of whistleblowing.
This briefing note provides a summary of the additional text provided in bulletin 2014/1.
The results of the Health and Safety Executive’s 2014 Safer Sites inspection initiative have been released.
Colibri Kazakhstan’s team has wide experience of providing consulting services to FMCG companies.
Colibri Kazakhstan’s labour law practice is one of the strongest among other consulting firms.
The Croatian Competition Agency was provided with the authority to conduct dawn raids in 2010, but it was not until June 2013 that it conducted its first one.
The Ontario Ministry of Labour is proposing amendments to safety laws as part of a broader national and international initiative to implement the GHS.
A prosecutorial assault has been launched on businesses that use outsourcing, franchising or subcontracting.
Many British fathers are being forced to take paid annual leave to spend time with their newborn children, research shows.
Ruth Ormston was named ‘Champion of Justice’ at the LLST Awards, while the law firm also won an award recognising its support of the LLST walks.
For employers who hold a sponsorship licence, getting it wrong could result in the revocation of that licence and a curtailment on their ability to recruit overseas workers.
Ristev lectured on the comparative analysis of public-private partnerships and strategic partnerships between private investors and the state in the sector of mining in Serbia.
According to a study, the UK’s biggest firms have four times more foreign directors than their US counterparts and female representation on boards is also growing.
DLA Piper has earned a perfect score for the seventh consecutive year on the Human Rights Campaign’s 2015 Corporate Equality Index.
Shoosmiths has offered 10 top tips for conducting a disciplinary investigation.
Guide to shared parental leave download
Under the new system, eligible employees will have the right to share up to a maximum of 50 weeks’ leave and 37 weeks’ statutory pay with their partner.
An overview of how holiday pay works across the UK, Spain, Germany, France and Italy.
The complainant’s daughter was employed by the Royal Borough of Kensington and Chelsea (RBKC) and was a member of the LGPS.
Guidance about how outsourced employees under the old Fair Deal can be re-admitted to the NHS Pension Scheme has been issued by the Department of Health.
NEST is a trust-based occupational money purchase scheme, which was established under the Pensions Act 2008.
Mark Fletcher has commented on the EAT’s decision that UK law is not compatible with EU law on the protection of workers during large-scale redundancies.
What issues do workers of different ages face when trying to enter the workforce?
The Ontario Ministry of Labour is proposing that all Ontario workers be protected from excess noise in the workplace.
The automatic enrolment of workers into pension schemes has so far proven a success, according to an employment group.
The Court of Appeal has considered whether an employee who was unwilling to work out his notice period could treat the contract as at an end and work for a competitor.
The Department for Work and Pensions has proposed new governance standards to be put in place in respect of DC workplace pension schemes.
This broadcast station advisory highlights the upcoming deadlines for compliance with the FCC’s EEO rule.
The International Maritime Organisation (IMO) has produced a draft Polar Code to cover all aspects of shipping in the Arctic and Antarctic areas.
Frances Fitzgerald TD addressed the inaugural meeting of the Eversheds Women’s Leadership Initiative (EWLI) at Eversheds’ Dublin office on 13 November.
UK Automotive Newsletter — holiday pay test cases; the Consumer Protection (Amendment) Regulations 2014; and more download
This briefing from Dentons covers the latest legal and regulatory updates in the UK automotive industry.
Jumping ship? Restrictive covenants download
In this article, Gateley provides 10 top tips regarding restrictive covenants.
Alison MacKrill has been given a Founder’s Award for Outstanding Achievement from the Society of Trust and Estates Practitioners (STEP).
Gender diversity in the boardroom download
The appointment of Patrice Merrin to the board of Glencore was described as a ‘historic day for the FTSE’ representing the end of all-male boards in the FTSE 100.
The deadline of 1 October 2014 has now passed for companies to implement the changes to the Labour Code, adopted by parliament on 27 December 2013.
Eversheds Saladžius, in co-operation with Vilnius LIONS club, recently invited students from Vilnius ‘Versme’ School to visit the law firm’s office.
The prospect that obesity could be seen as a disability raises various questions, including what steps employers might take to ensure that its workforce is healthy.
A construction firm in Grimsby has been ordered to pay £10,000 in compensation to an employee who suffered a serious leg injury at work.
On 10 December 2014, Dentons lawyers from around the globe will present on several critical employment issues facing multinational employers.
Zero-hours contracts download
A zero-hours contract is not a term of legal art, although a definition has been attempted in the Small Business, Enterprise and Employment Bill.
Federal employers have a new definition of ‘danger’ to apply, and an updated work refusal process to use, effective 31 October 2014.
The DWP has issued its response to the consultation on minimum governance standards in DC workplace pension schemes.
The firm’s employment specialised lawyers work closely with our clients to develop and review employment policies and procedures.
Richard Hignett, employment barrister at No5 Chambers, has given a talk titled ‘Let’s have a chat (off the record)’ at the Annual Employment Seminar 2014.
Minter Ellison has been awarded a 2014 Employer of Choice for Gender Equality citation by the federal government’s Workplace Gender Equality Agency.
M&A diligence: hidden holiday pay download
The Employment Appeal Tribunal has ruled that workers are entitled to have voluntary overtime included in the calculation of their holiday pay.
Goodman Derrick has represented Mr Conley King in his claim against The Sash Window Workshop for backdated commission-based holiday pay.
We surveyed a group of our clients to find out how they are finding life under the new regime.
Highly paid jobs come with experience. It takes time. And it means an awful lot of hard work.
PPF levy — the future download
The consultation period on the PPF’s plans for the levy over the three years from 2015–16 ended on 9 July 2014.
A recent report by the Chartered Management Institute has found companies have better long-term financial success when they have ethical leaders.
Two important questions were recently determined by the Court of Appeal when it had to consider whether or not to uphold an injunction granted by the High Court.
While protecting workplaces from the Ebola virus, employers in the US should comply with federal and state employment discrimination, leave and privacy laws.
DLA Piper has been recognised as an Employer of Choice for Gender Equality by the Workplace Gender Equality Agency (WGEA) in its inaugural citation list.
The Brisbane summit provides an opportune moment for policymakers to reflect upon two key questions for regulatory reform.
The difficulty of finding out what maternity packages employers offer is causing distress among many female workers, according to a new study.
Gateley has welcomed associate Joanne Sears and solicitors Becky Shepherd and Emma Taylor to its residential development team.
Sarah Crowther, a specialist in all claims for injury, illness, accident or disease involving an international element, has joined Outer Temple Chambers.
An Illinois business owner has been taken into custody after his business failed to correct serious trenching hazards and pay OHSA penalties.
Employment Law Round-up — landmark EAT case on holiday pay; right to privacy in the workplace; TUPE; and more download
In this issue, we look first at the landmark EAT case on holiday pay, which attracted a lot of TV and press attention earlier this month.
Given the growth in the amount of data businesses create and store, it’s a good point in time to determine how companies and law firms are working with eDiscovery and computer forensics.
The EAT confirmed its agreement with the workers that holiday pay should include a sum of money to reflect non-guaranteed overtime.
Eversheds has appointed lateral hire Matthew Kelly as an employment partner in the firm’s education employment team. He joins the firm from Thomas Eggar.
his article discusses the impact of the EAT’s long-awaited ruling in three cases and its implications for those in the automotive sector.
Nabila Mallick, barrister at No5 Chambers, has been invited to speak at the Health and Wellbeing at Work Conference 2015.
The EAT decision in Bear Scotland Ltd v Fulton & Others, Hertel (UK) Ltd v Woods & others and Amec Group Ltd v Law & others came out on 4 November.
Addleshaw Goddard is calling for more clarity from the taskforce set up to assess the impact of the decision to include certain overtime payments when calculating holiday pay.
Shoosmiths has come eighth overall and fifth nationally in the UK100 Black Solicitors Network (BSN) Diversity League Table.
The EAT has confirmed that all elements of a worker’s normal remuneration must be taken into account when calculating holiday pay.
Overtime must be included in holiday pay — implications for employers and insolvency practitioners download
This briefing looks at the main points arising from the EAT decision, and the implications for employers and insolvency practitioners.
Shoosmiths’ Ron Reid has been presented with the IOSH president’s distinguished service award for his services to health and safety over the past four decades.
Eversheds, Ireland’s only full-service international law firm, has made two senior appointments to the team.
The Ontario Ministry of Labour will conduct a safety blitz of industrial workplaces from 3 November to 14 December 2014.
Investors, their spouses and unmarried children under 21 can become US permanent residents by creating (or saving) jobs for US workers through investment.
Many employers will have been concerned about the recent media coverage of an Employment Appeal Tribunal decision regarding overtime and holiday pay.
Stress sick leave costs £690m a day download
More than seven million workers called in sick with stress-related issues last year — at a cost of £690m per day.
Bundesdruckerei v Stadt Dortmund examines attempts by contracting authorities to include social considerations in the mix when awarding public contracts.
Employment update — garden leave and employers’ obligations; striking out claims without hearing; and more download
Wragge Lawrence Graham & Co’s Employment team brings you the latest cases and issues affecting the employment sector.
Chambers UK has placed Wragge Lawrence Graham & Co in 43 categories, 17 of which are in Band 1.
Overtime should count in holiday pay: ground-breaking case at the Employment Appeal Tribunal download
Around five million people could be eligible to collect backdated holiday pay, after it was ruled that employers must include overtime when calculating holiday pay.
Holiday pay ruling download
The cases of Fulton v Bear (Scotland) and Wood and Others v Hertel and Amec involved claims in respect of holiday pay under the Working Time Regulations 1998.
Court of Appeal upholds injunction holding employee to notice period and post-termination restrictions without pay download
The Court of Appeal has held that an employer was entitled to waive an employee’s repudiatory breach of contract and keep the contract of employment alive.
A hearing date has been set for the CJEU to consider questions referred by the Court of Appeal in the Woolworths collective redundancy case.
The Maternity and Parental Leave etc (Amendment) Regulations have recently been published.
The Home Office has announced that changes to the UK Immigration Rules are due to come into force on 6 November 2014.
The pensions landscape will be altered by the introduction of the single-tier state pension and thus the end of contracting out for defined-benefit schemes.
Share- and cash-based incentive arrangements are commonplace across all types of businesses and all levels of employees.
This publication provides a brief overview of the expected impact on entities incorporated in the Cayman Islands of FATCA.
Daniel Barnett and Samantha Cooper of Outer Temple Chambers have written the second edition of Costs in Employment Tribunals, published in October 2014.
The EAT has upheld an employment judge’s decision imposing seven deposit orders in relation to seven different allegations brought by a claimant.
The government has commenced a review of different employment statuses in the UK, including employees, workers and the self-employed.
As the dawn of the shared parental leave era grows ever closer, more pieces of the jigsaw have been made available to help employers prepare for the new regime.
The Employment Appeal Tribunal has ruled that overtime (voluntary or not) should be taken into account when holiday pay is calculated.
What about other payments in addition to basic pay, such as overtime?
EAT decides that holiday pay must be calculated to include payments for non-guaranteed compulsory overtime download
This decision means that employers will now need to reflect non-guaranteed but compulsory overtime payments in holiday pay in respect of the four weeks’ leave.
Five of the practice groups at B P Collins have been awarded a band-one ranking in the 2015 edition of Chambers UK.
The Employment Appeal Tribunal has ruled that holiday pay calculations should now include overtime.
The EAT has published its judgment in the three conjoined cases of Bear Scotland v Fulton and Baxter; Hertel (UK) v Wood; and Amec Group v Law.
The ruling is that certain types of overtime, where the employee is required to work extra hours, must be included in the holiday pay calculation.
A revolution in holiday pay download
The Employment Appeal Tribunal has ruled that overtime should be included in holiday pay.
The establishment of a new €6.8bn Irish strategic investment fund is expected to be of interest to national and international investors and fund managers.
Overtime ruling a passport for higher employment costs — EAT finds that holiday pay should include overtime download
The Employment Appeal Tribunal (EAT) has handed down judgment in the test case of Fulton v Bear Scotland Ltd .
Every worker has the statutory right to 5.6 weeks’ paid holiday a year. Sounds straightforward to calculate? Unfortunately, it has proved to be anything but.
Breaking news... EAT confirms holiday pay must include overtime payments — what should employers do?
The EAT has held that holiday pay should include non-compulsory and non-guaranteed overtime payments. This is a decision with huge implications for employers.
The EAT has held that claimants’ holiday pay should have been calculated to include overtime. Simon Rice-Birchall, partner at Eversheds, has commented.
Employees represented by lawyers from Minster Law and Thompsons have secured a groundbreaking Employment Appeal Tribunal (EAT) decision over whether pay for overtime should be including in holiday pay.
The Week in HR — play while you work download
Ensuring that employees remain engaged and productive is one of many HR professionals’ top concerns.
How to win the war for talent download
Totum looks at the latest market developments and the steps that law firms must take to recruit superior business expertise.
Pillsbury has been named as one of Working Mother’s 100 Best Companies, with Marne Sussman being named a ’Rising Star’ on its list of 2014 Working Mothers of the Year.
Amendments to TUPE: four key changes download
The Collective Redundancies and Transfer of Undertakings (protection of Employment) (Amendment) Regulations 2014 came into force on 31 January 2014.
Asda is facing a mass legal action, instigated predominantly by female workers, who claim they are not paid the same as male workers in the distribution warehouses.
Impact of FATCA on BVI entities download
This publication provides an overview of the impact on entities incorporated in the BVI of FATCA and equivalent rules implemented in relation to UK taxpayers.
The demise of the high street download
It seems that barely a day passes without further reports of job losses on the high street, a reflection of the changes in our shopping habits and our increasingly busy lifestyles.
DLA Piper is celebrating success after having been named the winner in the Insurance Law Firm 2014 category at The Legal 500 UK Awards.
In November 2013, ASIC announced a review of its regulatory guide and class order for employee incentive schemes in the form of ASIC consultation paper CP 218.
The Department of Education has published new regulations detailing what it means to be providing an education programme that leads to gainful employment in a recognised occupation.
It is clear that most Ontario interns have to be paid. But what about employees in start-up companies?
‘Fit for Work’ — fit for purpose? download
The number of employees on long-term sickness absence, and the willingness of many GPs to simply sign employees off sick, is a cause of great concern to employers.
New employment regulations relating to shared parental leave and pensions auto-enrolment remain a major worry for UK firms, according to a survey.
The Pensions Regulator has issued its first fines to three employers for failing to meet their automatic enrolment obligations.
Mourant Ozannes welcomed almost 30 Caymanian students and young professionals from across the UK to a recent networking event at the Royal Ocean Racing Club in London.
Restrictive covenants: East England Schools CIC (Trading as 4 MYSCHOOLS) v Palmer and Another, High Court
It is established law that to be enforceable restrictive covenants of this nature can be no wider than is necessary to protect the employer’s legitimate business interests.
In AB v A Chief Constable, High Court [QBD]  IRLR 700, the High Court considered whether an employer is under a duty to supply a reference.
Preparations for the fundamental changes announced in the 2014 Budget are well under way.
The Pension Protection Fund (PPF) levy determination for 2015–16 will have a number of key differences from previous years.
The Court of Appeal has dealt a worrying blow to employers, effectively saying that you cannot rely on common sense in your workforce.
Insolvency litigation update — courts will not have jurisdiction to hear a winding-up petition in respect of foreign companies; and more download
Wragge Lawrence Graham & Co’s insolvency litigation team brings you its monthly update on the cases and issues affecting the insolvency and fraud investigation industry.
In Maddin v The Queen, the sole issue was whether the taxpayer could make out a due diligence defence under subsection 227.1(3) of the Income Tax Act (Canada).
According to a Toronto Police news release, a Ministry of Labour inspector has been arrested and charged with extortion.
Employment Law Update, autumn 2014: legislative changes — flexible working; mandatory early conciliation; and more
This Employment Law Update outlines the latest legislative changes. These follow the trend of recent years to extend family-friendly rights and employee protection.
The Supreme Court has held that a female equity partner in an LLP fell within the definition of ‘worker’ under section 230(3)(b) of the Employment Rights Act 1996.
High Court decision: the implied term of trust and confidence in employment contracts is not part of Australian law download
Commonwealth Bank of Australia v Barker is a landmark decision — resolving the vexed issue of the existence and application of the implied term.
Taxing issues for not-for-profits download
A common misconception for higher-education institutions is that tax is not an issue because they are charitable not-for-profits and therefore tax exempt.
By June 2015, the classification of diesel and similar fuel oils will change pursuant to the CLP Regulation.
Research shows that employee stress levels are rising in line with the demands of the 21st-century workplace.
Dupuytren’s Contracture (DC) is a condition that affects the sufferer by causing a thickening of the tissue located in the palm of the hand.
New governance standards for money purchase schemes are to be introduced in April 2015. They focus on the design and monitoring of default investment arrangements.
Restrictive covenants: ‘fixing’ the drafting, or a bad bargain, where will the courts draw the line? download
In a recent case (Prophet plc v Huggett), the Court of Appeal considered where the line must be drawn in terms of the courts’ ability to be pragmatic.
Will ‘unlimited’ holidays take off? download
Richard Branson has introduced a ‘non-policy’ on holidays for 170 staff in the UK and the US. This ‘radical’ approach has already been, in part, rolled out by Netflix.
The workshops are entitled ‘Dealing with Bullying and Harassment’ and ‘Managing Sickness Absence’.
People have responded to the technological revolution by working longer hours and refusing to leave the office behind even when they can be prised from the desk.
This consultation needs to be read in conjunction with the draft Procurement Regulations to get the full picture of how the reforms will benefit small businesses.
The debate over tattoos in the workplace has raged on, with the most recent case being of a tattooed teaching assistant.
Be Global — further changes to Saudi Arabia’s Nitaqat System; Spain issues first judgment on the calculation of vacation pay; and more
Be Global is DLA Piper’s snapshot of key global employment law developments designed to help you identify legal hotspots across your global operations.
The Court of Appeal has handed down judgment in an important case on garden leave (Sunrise Brokers LLP v Rodgers).
Australian government commits to reform tax treatment of employee stock awards: five takeaways for US-based companies download
The Australian government is to reform the tax treatment of employee stock awards as part of its Industry Innovation and Competitiveness Agenda.
Eversheds’ Audrey Williams has commented on the findings of research carried out by Bupa that reveal mental-health prejudice in UK organisations.
According to Eversheds’ Shirley Wright, the main challenge will be getting the Small Business, Enterprise and Employment Bill through the parliamentary process in time.
In September 2014, Totum held two networking events at high-end fashion retailer Reiss.
Thousands of female ASDA shop workers are claiming equal pay with the company’s predominantly male warehouse staff.
Memery Crystal’s employment team is set to host a breakfast panel discussion — ‘Social media: what employers need to consider’.
On 9 October 2014 the Italian Senate voted to back Matteo Renzi’s government on newly proposed labour reforms that will affect both businesses and their workforces.
Accessibility 2.0 — is your company’s website accessible to disabled individuals? Five practical steps toward compliance download
Accessibility under the ADA and the Unruh Civil Rights Act includes website access for the visually impaired and others who use assistive technology when accessing the internet.
The government announced an independent review of the integrity of the Subclass 457 programme on 25 February 2014.
Samantha Betzien, a partner in the human resources and industrial relations group in Brisbane, has won the Queensland Woman Lawyer of the Year award.
Sports Direct has agreed to rewrite contracts relating to zero-hours staff as part of an out-of-court settlement in a dispute brought by Leigh Day on behalf of a former zero-hours employee.
Recruitment and rehabilitation download
Would be right or wrong for a football club to re-employ one of its players who has now been released from prison?
Law à la Mode — understanding the EU Consumer Rights Directive; free zones in the UAE; unregistered design rights; and more download
The German editorial team presents the 14th edition of Law à la Mode, the quarterly legal magazine brought to you by DLA Piper’s fashion, retail and design group.
The firm has reinforced its pre-eminent position in Leeds and Manchester, securing more Tier One rankings than any other law firm.
Why interviews go wrong download
When it comes to reasons why people didn’t succeed in an interview, Totum regularly hears some key points from clients.
BYOD smartphones and tablets are the ‘Achilles heel’ of the IT security of most organisations and are the technology most often involved in cyber attacks.
The Conservative party proposes replacing the Human Rights Act 1998 with a new British Bill of Rights.
Joint employer law: is the NLRB edging closer to the abyss? Takeaways from the Bloomberg webinar download
Last week, Bloomberg BNA presented a webinar titled ‘The current state of joint employer law: how can both employers and unions prepare for the future?’.
Employers are losing out on the skills and experience possessed by a ‘missing million’ of ageing workers, a new report has claimed.
Employee share scheme rules overhaul download
The federal government is set to reverse the controversial employee share schemes tax changes implemented in 2009 and set up a separate tax regime for start-up entities.
Eversheds’ pensions freedoms survey: 81 per cent of employers concerned their staff will make poor financial decisions download
Eighty-one per cent of employers are concerned that their staff will make poor financial decisions when they are given new pensions freedoms in April 2015.
A British Columbia judge has considered an employer’s concerns for the safety of replacement workers, in granting an injunction against picketing workers.
Chuka Umunna has announced that if elected the Labour Party will undertake major reforms of the current employment tribunal system.
What can and what should organisations be doing to prepare for Ebola from a health and safety point of view?
Equal-pay audits download
The draft Equality Act 2010 (Equal Pay Audits) Regulations 2014 came into force on 1 October 2014.
ACAS dress code guidance download
ACAS has produced new guidance to assist employers in producing and implementing a dress code policy.
Advocate-general Jääskinen has concluded that there is no general principle of EU law prohibiting discrimination in the labour market.
Is the PPF levy for your scheme fair? Does it reflect the true risk of the scheme ever becoming a burden to the PPF?
Justice secretary Chris Grayling has outlined government proposals to quadruple the current six-month sentence for people found guilty of internet trolling.
A recent case in the Employment Appeal Tribunal has highlighted the importance of employers taking care when making commitments to employees.
A revolution in holiday pay download
Many employers will be aware of recent cases that have raised the question of how holiday pay should be calculated.
New statutory provisions, which will entitle parents to decide how they share their time off following their child’s birth or placement with them, will come in to force on 1 December 2014.
From 1 October 2014, a father or partner of a pregnant woman have the right to take unpaid time off to accompany the woman to up to two antenatal appointments.
B P Collins LLP has advised the shareholders of Pinewood Studios-based Propshop (Model Makers) Ltd on the sale of the entire share capital to Voxeljet AG.
Wragge Lawrence Graham & Co has advised Euroclear on its agreement with the US’s DTCC to develop a joint collateral processing service.
Shoosmiths looks at the dangers of providing, or not providing, a reference and what employers can do if they receive an unsatisfactory reference.
The EAT has considered whether the employment tribunal rules also allowed the recovery of an in-house lawyer’s costs incurred during litigation in the employment tribunal.
Appeals: a blessing in disguise? download
The case of McMillan v Airedale NHS Foundation Trust called into question an employer’s right to increase a disciplinary sanction on appeal.
In the last 20 years, the UK has seen the development of family-friendly employment rights, with their focus now moving away from the idea of the mother being the main carer.
B P Collins employment law partner Jo Davis recently discussed the importance of implementing a carefully planned retirement policy.
Shoosmiths has won two awards from graduate recruitment advice website All About Law.
Employers need to prepare for a rapid increase in the number of couples using new shared parental leave legislation, according to experts at HBJ Gateley.
‘An employee does not necessarily get one free sexual harassment before he loses his job’, says arbitrator in upholding dismissal download
An arbitrator has upheld the dismissal of a unionised employee for one incident of sexual harassment and threats on Facebook.
Walker Morris has advised Symington’s on its acquisition of certain of the business and assets of The Tanfield Food Company for an undisclosed sum.
Increase in women on boards download
The Davies Report from 2010 recommended an increase in the number of women on the board of directors of listed UK companies.
Eversheds partner Naeema Choudry has commented on the news that all civil service employees will be entitled to full parental pay from April 2015.
Social media is an ever-increasing area of litigation. Facebook users spend more than 10.5 billion minutes per day on the website, for example.
Health Alert — Gray v Richards; Psychology Board of Australia v G; health insurance legislation amendment; and more download
DLA Piper has released the 20 October 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
This article briefly surveys risks from the US healthcare perspective when companies choose to adopt a BYOD policy.
October 2014 brings yet more changes to employment law, including national minimum wage rises and time off for partners to attend antenatal appointments.
McCarthy v Marks & Spencer plc focused on the following two avenues of claim: negligence at common law and the Occupiers’ Liability Act 1957.
The Week in HR — faking it download
Do employers, especially those employing professionals and people in positions of trust, need to do more due diligence than they might have previously carried out?
The Legal 500 has recommended Outer Temple Chambers as a top-tier set in business and regulatory crime.
New employment regulations governing shared parental leave are set to come into force on 1 December 2014.
Employment Update — shared parental leave; constructive unfair dismissal; flexible working Q&A; fixed-term contracts; and more download
Bates Wells Braithwaite has released the autumn 2014 issue of its Employment Update.
Geoffrey Mead has commented on Unison bringing fresh judicial review proceedings to its challenge to the government’s introduction of employment tribunal fees.
The High Court of Australia has held that the termination of an employee for holding up a ‘scab’ sign while engaging in lawful industrial activity did not breach the Fair Work Act.
Companies could soon be faced with having to buy specialist office furniture for overweight staff if a European court case rules that obesity qualifies as a disability.
The move will reportedly allow the operation to continue its growth plans within Nottingham’s professional quarter.
The EAT has rejected an employment tribunal’s judgment that actors engaged under a profit-sharing arrangement are ‘workers’ and therefore entitled to the minimum wage.
Can employees smoke e-cigarettes in the workplace and what can an employer do about their use?
Addleshaw Goddard has appointed Malcolm Pike as head of the Manchester office, as part of the new-look leadership team at the firm.
According to the ruling in Kearns v Glencore UK Ltd, the ‘last-straw doctrine’ is equally applicable to employers.
Eversheds has advised Goldman Sachs’ merchant banking division on a deal to acquire Neovia Logistics from Platinum Equity and Caterpillar.
The US OSHA has launched an Ebola web page for employers, providing information on Ebola and how to protect workers.
Pensions News — September 2014: budget reforms; legislation; public service pension schemes; and more download
This edition of Pensions News summarises the key developments from September 2014.
Archroma has agreed to acquire the global textile chemical business of German company BASF. Bär & Karrer acted as legal adviser to Archroma.
Doing Business in the United States download
Doing Business in the United States is an introductory guide for non-US businesses that may be interested in doing business in the US.
Welcome to the sixth issue of Spotlight on Belgium. DLA Piper’s Belgian team brings you up to speed with the latest legal updates.
Francois Barker has commented on news that over-55s will have the flexibility to draw down their pension pots in chunks, under legislation being published by the UK government.
One would think it self-evident that employees who punch a customer’s employee in the face may be dismissed for just cause. But it took an appeal for an employer to win on that issue.
Addleshaw Goddard has released the September 2014 edition of its European Employment Law Update. This section focuses on Austria.
Addleshaw Goddard has released the September 2014 edition of its European Employment Law Update. This section focuses on Finland.
Addleshaw Goddard has released the September 2014 edition of its European Employment Law Update. This section focuses on France.
Addleshaw Goddard has released the September 2014 edition of its European Employment Law Update. This section focuses on Germany.
Addleshaw Goddard has released the September 2014 edition of its European Employment Law Update. This section focuses on Ireland.
Addleshaw Goddard has released the September 2014 edition of its European Employment Law Update. This section focuses on Italy.
Addleshaw Goddard has released the September 2014 edition of its European Employment Law Update. This section focuses on Netherlands.
Addleshaw Goddard has released the September 2014 edition of its European Employment Law Update. This section focuses on Norway.
Addleshaw Goddard has released the September 2014 edition of its European Employment Law Update. This section focuses on UK.
Employment law update — settlement discussions, employee tribunal fees; shared parental leave; and more download
Over the past year and a half, the government has carried out a number of significant employment law reforms that have transformed the employment law landscape.
Employee benefit trusts — why they continue to be a useful tool for companies looking to deliver benefits to their employees download
A well-structured employee incentive arrangement operated through an employee benefit trust can still deliver real value to a company and its employees.
Benjimin Burgher presents the current legislative position in DIFC employment law and illustrates how it applies to specific circumstances.
Addleshaw Goddard has released the September 2014 edition of its European Employment Law Update. This section focuses on Denmark.
Shoosmiths has boosted its corporate offering in the north west by bringing in a new senior associate and two further lawyers into its growing Manchester office.
Freshfields Bruckhaus Deringer’s new heads of corporate, litigation and employment are looking stateside in a bid to hang on to the lead created by former litigation head Christopher Pugh and corporate head Ed Braham.
The Court of Justice of the European Union has recently given another decision on the subject of age discrimination and justification.
As the UK moves into the final few months before a general election, sponsors’ immigration compliance is likely to become even more closely monitored by the Home Office.
Eversheds Munich managing partner Matthias Heisse has commented on fears of a slowdown in the German economy.
On 1 December 2014, we are expecting legislation to come into force that will give effect to the new shared parental leave regime.
UK Discrimination Law Review: age discrimination and retirement — Seldon: the final chapter download
The Employment Appeal Tribunal has upheld the Tribunal’s decision in Seldon that compulsory retirement, in this case involving a partner in a law firm, was justified.
The Employment Appeal Tribunal has recently given an interesting ruling on redundancy selection that could open the door to more claims from disabled employees.
Employees ‘go into work when ill’ download
It seems the vast majority of employees are reluctant to take time off work when sick, according to a new survey.
Tribunals are shortly to be given new powers to order employers to conduct equal-pay audits in some circumstances.
Later this year, the CJEU is expected to give a ruling addressing the extent to which EU law protects workers against discrimination on grounds of obesity.
UK Discrimination Law Review: code for employers — avoiding unlawful discrimination while preventing illegal working download
In May 2014, the Home Office published a new statutory code of practice to provide practical guidance to employers on avoiding illegal discrimination when carrying out document checks.
In this briefing, Eversheds details cases of interest, including their name, the issue and the stage reached.
King & Wood Mallesons SJ Berwin (KWM SJB) has hired finance and employment teams in Milan led by partners from two local firms in a significant boost for its Italian practice.
Freshfields Bruckhaus Deringer has chosen German partner Rick van Aerssen as the firm’s new corporate head to replace Edward Braham and litigation partner David Scott to succeed Christopher Pugh in a “radical” reshuffle.
Not good friends: Fieldfisher and former privacy chief Ustaran settle dispute over 18-month notice period
It has emerged that Fieldfisher and its former data privacy head Eduardo Ustaran turned to arbitration to settle a dispute over his exit for Hogan Lovells, after the partner was accused of breaching the firm’s partnership agreement.
The last few months have seen many announcements in relation to changes expected in the employment law arena.
Doing Business in Australia download
This guide provides sound, practical advice on the relevant laws and regulations for foreign companies looking to invest in Australia.
DLA Piper has been recognised as a ‘standout firm’ in several litigation categories by BTI Consulting Group in its newly published BTI Litigation Outlook 2015.
Worker who spread rumour that MoL inspector ‘paid off’ by company, and that company was closing, was fired for cause download
The company, at the wrongful dismissal trial, denied that it dismissed the employee for complaining about safety issues.
Following the insolvency of Comet and recent tribunal litigation, the potential repercussions are now even more serious for insolvency practitioners who get it wrong.
The EAT has found that an employee was not automatically unfairly dismissed when he took time off to care for his pregnant partner. Katie Marsden looks at the reasons why.
Virgin recently announced that it would no longer place limits on the amount of annual leave that employees could take.
Audrey Williams, head of discrimination at Eversheds, has commented on the latest figures surrounding the representation of women in UK boardrooms.
Joe Hockey MP has reportedly stated that the federal government is determined to address the problems arising from the 2009 employee share schemes tax changes.
According to The Legal 500, following the merger of Wragge & Co and Lawrence Graham in May 2014, the firm has ‘more strength and depth as well as wider international coverage’.
Are you a director? download
Establishing whether or not someone actually is a director is not quite as straightforward as you may think.
The Ontario Ministry of Labour has released the results of its recent internship inspection blitz, revealing that many internship programmes violated the ESA.
Owner/developer was not responsible for civil damages sustained in a workplace incident 20 years ago download
More than 20 years after a workplace incident that seriously injured a worker, the Alberta Court of Queen’s Bench has dismissed the worker’s civil action against a developer.
Given that many employers would already allow an expectant father to take time off work to attend a scan, what difference will the new right make in practice?
B P Collins has been named as a ‘regional heavyweight’ for the first time in the 27th annual Legal 500 league tables and achieved top-tier status in five practice areas.
DLA Piper has announced that Phyllis Cheng has joined the firm’s employment practice as a partner in the Los Angeles office.
Holiday pay — to pay or not to pay? download
Any payments that are ‘intrinsically linked to the performance of the tasks’ under an employment contract must be included in the calculation of holiday pay.
The Health and Safety Executive (HSE) has recently updated its guidance document ‘Health and Safety in Care Homes’.
Wragge Lawrence Graham & Co’s expert employment team considers in detail the primary issues an employer faces once a CAC application has been accepted.
Research from four leading screening companies has shown that the number of UK employers that are drug-testing their workers has increased significantly.
‘Worker contracts’ review announced download
Vince Cable has announced a review of so-called ‘worker contracts’, which give employees fewer basic rights such as maternity pay.
In February 2012, the tribunal concluded that there were in fact positions into which Ms Fair could have been placed without causing undue hardship.
In the context of engineering and construction contracts, the contractor’s warranties as to the standard and quality of the works will be a key item for negotiation.
Wragge Lawrence Graham & Co has advised longstanding client Euroclear on its agreement with the US’s DTCC to develop a joint collateral processing service.
Mishcon de Reya will hold the first-ever management elections for its real estate and employment head roles next month with employment head Joanna Blackburn pledging to step down
Health and safety in the construction industry: accidents and exposure to hazardous and carcinogenic materials download
The construction industry, in terms of accidents, is one of the most dangerous places to work.
Pillsbury is a title sponsor of the 2020 Women on Boards 2014 National Conversation on Board Diversity.
Although lawyers are obligated to zealously advocate for their clients, the ethics rules don’t allow them to assert claims or arguments without a good-faith basis in fact or law.
Matteo Renzi recently appeared on an Italian television programme where he set the Italian labour market abuzz with the following declaration.
The government’s decision to scrap the default retirement age has kept almost 250,000 over-65s in work, new figures show.
Addleshaw Goddard has announced that its trainee retention rate for this year is 85 per cent, which is up one per cent from last year at 84 per cent.
The new release of The Legal 500 UK has ranked Carey Olsen in tier one across all of its 16 practice categories in the Channel Islands.
It is common in the US for an employer to obtain from a terminating employee a waiver and release of all claims against the employer.
Public access work for the young Bar download
This article offers an insight to how barristers, especially young barristers willing to embrace change, can help their future while continuing to work with solicitors.
Cetinsoy v London United Busways Ltd serves as a useful reminder to employers that the relocation of employees for TUPE transfer can be difficult to manage.
UAE employment law updates download
The Dubai Health Insurance Law No. 11 of 2013 obligates all employers in Dubai to provide their employees with compulsory healthcare insurance.
This article examines the notion of positive discrimination and make sense of this concept generally and in particular in relation to labour law in South Africa.
Just as poutine is unlikely to taste the same in Mexico as in Canada, and just as croissants in Almaty may not be quite like croissants in Paris, employment laws differ around the globe.
Wherever in the world they may be situated, most employers like the idea of being able to prevent ex-employees from competing with them.
Key projects discussed in this briefing include a merger integration in the banking sector and a regional cross-border merger.
Equal pay download
As at June this year, the full-time gender pay gap was on average 10 per cent, almost doubling to 19.7 per cent for the whole workforce (full and part time).
The US Department of Labor’s Wage and Hour Administration is set to send a draft proposed regulation to the Office of Management and Budget’s OIRA.
There are a number of changes to employment law that employers should be aware of.
From 1 October 2014, fathers will have the right to unpaid time off to accompany their spouse or partner to antenatal appointments.
Enhanced pay for parental leave? download
One of the key questions that employers will face under the scheme is whether to match pay for anyone taking SPL with any enhanced maternity pay that is currently offered.
Chuka Umunna has told the TUC Congress that Labour will introduce a ‘fairer system to ensure that affordability is not a barrier to employees seeking redress in the workplace’.
Employment law reform update download
Employment law reform featured heavily in the coalition government’s legislative programme.
Fuller v United Healthcare Services: scope of UK law does not extend to a US employee who spends 49 per cent of his time in the UK download
The EAT has upheld a decision that an employee who worked almost 50 per cent of the time in the UK was not entitled to bring claims for unfair dismissal and discrimination.
The government of the Republic of Serbia reached the decision to increase the minimum work price to RSD121 net per working hour.
Global Employment Lawyer — crafting a non-compete clause under English law; hidden US tax issues; and more download
Dentons has released the first issue of its Global Employment Lawyer publication.
Alberta employer liable for employee’s negligent driving of company vehicle — even though employer told him not to drive it download
An employer has been held liable for damage caused by an employee while driving a company vehicle — even though he was told not to drive it.
Shoosmiths has announced that Peter Duff has been elected chairman with effect from 1 May 2015.
Giving both parents the right to take time off may be a novel idea, but in practice it is unlikely to change the position and pay of women, according to Lucy McLynn.
The US Department of Labor has proposed to require so-called ‘top-hat plan notices’ to be filed electronically instead of on paper.
The number of workers being paid the national minimum wage has doubled since the legal rate was brought in 15 years ago.
Recent decisions from the Court of Appeal and EAT on territorial scope of the Employment Rights Act 1996 and the Equality Act 2010 download
A US employee working 49 per cent of his time in the UK failed to establish that he fell within the territorial scope of UK employment law to pursue claims of unfair dismissal.
The government has recently published the draft legislation introducing the new pensions flexibilities, effective from 6 April 2015.
A recent case highlights the importance of ensuring that terms used in a formula to determine whether or not bonus payments are payable are clearly understood by the parties involved.
A number of employment law reforms came into force on 1 October 2014. Here Addleshaw Goddard reports on each of the reforms.
The FCA has issued a consultation paper setting out rules that will require providers of workplace personal pension schemes to establish independent government committees.
Acas has published new guidance for employers on managing bereavement in the workplace. This aims to be a good-practice guide for employers.
Kemp Little has been ranked again as a tier-one firm for M&A advice by The Legal 500 legal directory published on 1 October 2014.
Failure to pay male employee enhanced additional paternity pay equivalent to enhanced maternity pay not discriminatory download
An employer’s decision to pay statutory paternity pay during additional paternity leave, while offering generous enhanced maternity pay to women on maternity leave, did not amount to sex discrimination.
It’s a question of trust — why do so many employment disputes arise from a breach of trust and confidence? download
Employers and employees often rely on the trust and confidence term when they wish to leave the relationship. The outcome is significant.
The Department for Business, Innovation & Skills has published further guidance on shared parental leave, covering some of the more technical aspects of the scheme.
Gateley has advised on a deal that saw investment vehicle Ensco 1070 invest in Oxford United Football Club.
Equal-pay audits come into force download
The Equality Act 2010 (Equal Pay Audits) Regulations apply to ET claims presented on or after that date where the employer has been found to have breached equal-pay provisions.
Employers should be aware that effective as of 29 October 2014, statutory leaves of absence in Ontario under the Employment Standards Act 2000 will be expanded.
Eversheds’ Andrew Henderson has commented on the news that the ECB is set to establish a whistleblower system to get tips on banks that may be breaking its rules.
Final regulations regarding limited-scope vision and dental benefits and employee assistance programmes as excepted benefits download
The US Department of Treasury has issued final regulations regarding limited-scope vision and dental benefits and employee assistance programmes as excepted benefits.
Employment, benefits, social security and immigration are all matters currently reserved to the UK Parliament, but whether this will remain the case is not yet known.
In this article, the Shepherd and Wedderburn employment team looks at four employment law changes effective from 1 October 2014.
Employee dismissed for demanding bonus and saying that employer ‘could fire him’, not for raising safety concerns, court decides download
An employee’s demand for a bonus and assertion that his employment relationship would not be ‘fruitful’ and that his employer could fire him was the reason for his dismissal.
The fact that a business is thriving may also sometimes surprisingly lead to an employee being dismissed on grounds of redundancy.
A recent decision considered what offences should be disclosed in a DBS check. Caraline Johnson explores what this might mean for charities and social enterprises working with children and vulnerable adults.
Younger workers are much less likely to opt out of the government’s automatic enrolment scheme than older ones.
DLA Piper has advised the global alternative asset investment firm Carlyle Group on its acquisition of a majority stake in Expereo Holding.
Who is knocking at the door? HSE construction inspectors targeting poor standards and unsafe practices download
We are now one week into the HSE’s Safer Sites inspection initiative. Inspectors are arriving unannounced at sites across the UK where refurbishment projects or repair works are under way.
VTG has acquired Swiss wagon hire company AAE Ahaus Alstätter Eisenbahn Holding. Bär & Karrer acted as Swiss legal adviser to VTG.
Shoosmiths has elected employment partner Peter Duff as the firm’s new chairman for a three-year tenure with effect from 1 May 2015.
Several Slater & Gordon partners, including legacy Pannone managing partner Emma Holt, have been named as respondents in a two-week unfair dismissal hearing that is due to begin on 20 October at Manchester Employment Tribunal.
The enforceability of employee post-termination restrictive covenants has long been a contentious issue.
Facing the looming economic threat: third parties retain the right to intervene in threatened industrial action download
Third parties have retained the recently acquired right to intervene to protect their interests in the face of threatened industrial action.
Who’d have predicted that 18 years after the Employment Rights Act 1996 came into force, tribunals would be hearing unfair dismissal cases about employees clicking ‘Like’ on this thing called ‘Facebook’.
Mugni Islam-Choudhury and Naomi Owen have played the parts of trial advocates in a mock tribunal hosted by Mills & Reeve in conjunction with Future Faces.
Employment status top tips download
Memery Crystal’s Merrill April presents five top tips regarding employment status.
An IP’s guide to auto-enrolment download
Since October 2012, UK companies have started to have to automatically enrol certain eligible employees into pension schemes.
For many years, pregnant women who are employees have had the right to take time off work to attend antenatal appointments. That right will now be extended to other expectant parents.
UK labour law update — September 2014: measures to tighten strike laws; commentary on 2013 strike statistics; and more download
Eversheds has released its UK labour law update for September, which presents news and case law.
Collyer Bristow is offering employment law training sessions on conducting disciplinary and grievance procedures and equal opportunities and discrimination issues.
Tim’s top tax tips download
Partner Tim Crosley gives his seven key employment tax tips that businesses should bear in mind.
The employer of the injured worker, not the owner of the workplace, was required to report the worker’s injury, the BC Court of Appeal has held.
Kathryn Fielder said: ‘While this approach will make an employer look incredibly generous, in practice its success or otherwise will depend on a number of factors.’
The courts have said that any employee who receives commission and/or overtime should have that taken into account for their statutory holiday pay.
On 1 October, eligible employees and agency workers will be given a new statutory right to take time off work to accompany a pregnant woman to up to two antenatal appointments.
Barnea & Co advises on all aspects of employment law. The firm offers the complete range of employment-related services required by employers.
DLA Piper highlights four key challenges and related ‘cures’ for dealing with one particularly perplexing group — distributors.
A derogatory comment posted on a social networking site will be defamatory if it contains an untrue imputation against the employer that serves to undermine the reputation of the organisation.
The issue of so-called facilitation payments and other small bribes is a thorn in the side of many international businesses.
Australia’s federal government is proposing to make it easier for businesses to opt out of state- and territory-specific WHS laws and to join the federal WHS system.
According to the recent amendments of the Labour Law (Official Gazette of RS no. 75/2014), payslips are now an enforceable document.
Pillsbury has again been named to Working Mother’s 100 Best Companies, which celebrates employers whose benefits are helping redefine workplace standards.
In a small island, in the absence of robust restrictive covenants in the employment contract, the risk of an employee moving and working for a competitor is high.
MOrsel: in business, it’s not what you know, it’s who you know — Nautech Services Ltd v CSS Ltd and Ors download
The Royal Court in Jersey has held that a business’s client contact information, stored on a database, is protected by laws of confidentiality and copyright.
The first day of October 2014 is a day of change for employers because it is one of the government’s two annual ‘common commencement dates’.
Despite having WSIB coverage, worker permitted to sue ‘physically demonstrative’ executive officer who ‘massaged’ her neck download
Physically demonstrative managers beware: your company’s workers compensation coverage does not necessarily protect you from lawsuits by employees.
Addleshaw Goddard has won the Newcomer of the Year award in the Greater Manchester, Cheshire and Staffordshire finals of the National Apprenticeship Awards.
This two-part alert looks at your choices in terms of union recognition — from how to avoid it in the long term to how you react if the union comes calling.
Jack Feeny explores the new law in relation to protected disclosures following the Enterprise and Regulatory Reform Act 2013.
Caroline Jennings reviews Palmer v RBS, which concerns whether or not a statutory restriction on eligibility for early retirement benefits could amount to age discrimination.
Guidance on costs download
Gemma Roberts provides an update on the latest guidance on costs.
Charles Price reports on Atkinson v Community Gateway Association, which concerns the approach in a constructive dismissal claim when the employee himself is in fundamental breach.
Anthony Korn reports on the recent judgment of First Tier Tribunal Tax Chamber in Moorthy v The Commissioners for Her Majesty’s Revenue and Customs.
New research from the International Labour Organisation has found that the average global gender pay gap now stands at 23 per cent.
Public participation in planning download
One of the main themes at the Oxford Planning Law conference was the benefit of public participation in planning.
Winckworth Sherwood partner James Lynas is quoted in The Daily Telegraph.
On 10 September 2014, California governor Jerry Brown signed into law AB 1522, the Healthy Workplaces, Healthy Families Act of 2014.
Minter Ellison has acted for the Commonwealth Bank of Australia in its High Court appeal over whether the implied term of trust and confidence applies in Australia.
The following commentary provides a brief overview of the short to medium term changes expected in the post-referendum environment.
The Australian Business and Community Network, piloted by Minter Ellison, has received the Global Best Award for the ‘Focus’ student mentoring programme.
Be Global is DLA Piper’s snapshot of key global employment law developments designed to help you identify legal hotspots across your global operations.
Soon there will be a major debate in Westminster on the future of the union that will likely lead to other changes.
Mugni Islam-Choudhury reports on the latest developments on restrictive covenants following Merlin Financial Consultants Ltd v Cooper and Prophet plc v Huggett.
Pensions expert Dr Ros Altmann has suggested that new flexible working rules could be adopted by workers in their fifties and sixties to initiate a form of ‘retirement leave’.
Following consultation with Baker Tilly and other concerned groups, HMRC has published revised guidance on the new tax rules for salaried members of LLPs.
The right lateral hire will enable you to win market share and help to propel your firm’s growth ahead of your competition. Or it will end in tears.
The Ontario government says that it is acting on the early results of the Mining Sector Health, Safety and Prevention Review.
King & Capital’s Edward Huang has attended ‘Tanzania Theme Day’, which was held by the Tanzanian embassy in China.
In part two of this series, Martin Chitty takes a closer look at what action has been announced and the options open to employers.
As one of the earliest practice departments established in King & Capital, we are able to draw on some of the most talented legal minds in the country.
On 22 October, Collyer Bristow’s employment team will present a seminar on employment law to summarise recent key changes and developments.
Eversheds’ Simon Rice-Birchall has commented on the impending Court of Appeal decision on UNISON’s battle against the fees regime for employment tribunals.
Data Issues Roundup — new Irish data protection commissioner appointed; Racing Post falls short on IT security; and more download
Addleshaw Goddard has released the 15 September 2014 issue of its Data Issues Roundup publication.
High Court rules that the implied term of trust and confidence is not part of Australian law download
The High Court has handed down its decision in Commonwealth Bank of Australia v Barker — ruling that the implied term of trust and confidence is not part of Australian law.
Pinsent Masons is fielding three employment tribunal claims from an employment partner, senior associate and associate stemming from its employment practice restructuring last year.
Shepherd and Wedderburn considers the impact of Shuter v Ford Motor Co Ltd, in which it was concluded that offering less paternity than maternity pay was lawful.
This Broadcast Station Advisory highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
While the general view is that the recession is over, some of its effects can still be felt today.
Employer did not breach safety-reprisal settlement when it dismissed employee after harassment investigation download
An employer that dismissed an employee after a harassment investigation did not breach a previous safety-reprisal settlement with the employee, the OLRB has held.
The employers’ representatives believe that Latvia has higher requirements in comparison with its neighbour countries, but trade unions refuse to give in.
An employee or witness who is fearful of giving evidence as part of a disciplinary process can cause difficulties for an employer.
Statistics published by the UK Ministry of Justice for the period of April to June 2014 show a further drop in employment tribunal claims.
Independent governance committees will need to be in place by the April 2015 implementation date.
No5 employment barrister Mugni Islam-Choudhury will present part of a seminar hosted by Birmingham Law Society on effective employment tribunal advocacy.
The draft Equality Act 2010 (Equal Pay Audits) Regulations 2014 are due to come into force on 1 October 2014.
The Walker Morris Housing Group has won a four-year appointment to Procurement for Housing.
Analysis compiled by moneysupermarket.com has found nine of the 10 occupations that cause the most accidents on the road to be medical workers.
In Gariepy v the Queen, the Tax Court considered whether two directors had effectively resigned from their positions.
The Labour Party has said that if it is elected to government it will scrap the current employment tribunal system.
On 9 September 2014, BDK Advokati/Attorneys at Law hosted a seminar on the amendments to the Serbian Labour Act.
Geoffrey Mead, partner at Eversheds, has commented on statistics from the UK Ministry of Justice that show a further drop in employment tribunal claims.
Employment update: no implied term of ‘mutual trust and confidence’ in Australian employment contracts download
The High Court has handed down a landmark decision confirming that Australian employment contracts do not contain an implied term of ‘mutual trust and confidence’.
Addleshaw Goddard has promoted seven managing associates to legal director with immediate effect, bringing the total number of legal directors up to 36.
Employee’s lack of knowledge of OHSA was factor in denying him promotion; employee’s grievance dismissed download
An employee’s lack of knowledge of safety laws was a proper consideration in his employer’s decision to deny him a promotion, a labour arbitration board has decided.
A recent survey by webexpenses has revealed that as many as one in four employees has made a false expenses claim from their employer.
Our employment team has an excellent reputation for providing high-quality, commercially relevant legal solutions to our clients’ employment and human resources issues.
Our pensions team has many years’ experience of advising employers, trustees, pension providers and financial institutions on the full range of pensions law issues.
Our construction team has a wealth of experience providing a comprehensive service to the industry.
The Jersey minister for social security has approved an increase to the maximum week’s pay for statutory redundancy payments.
Politicians should consider introducing a contribution scheme to help talented employees meet childcare costs, according to the British Chambers of Commerce.
From 1 October 2014, the partner of a pregnant woman will be entitled to take unpaid time off work in order to accompany the expectant mother to antenatal appointments.
Here is a list of frequently asked questions regarding EB5 escrow intended to help regional centres, developers and foreign investors.
Resolution of the plenum of the Higher Arbitrazh Court on major and related party transactions download
On 16 May 2014, the plenum of the Higher Arbitrazh Court adopted the resolution ‘On Certain Issues Related to Challenging Major and Related Party Transactions’.
DLA Piper has advised Acturis, a portfolio company of Summit Partners, on the acquisition of software company NAFI.
Partner — Nottingham
Partner — Birmingham
Partner — Manchester
A 19-year-old has pleaded guilty to second-degree murder after he stabbed to death a youth worker at a supported independent living facility in Alberta in 2012.
Employers with recognised trade unions are seeing more pressure coming their way in relation, on the one hand, to job security and on the other to improved terms and conditions.
The Rooney Rule of Law download
The part-time working population is a massively rich and untapped seam of talent.
Arcadia Group Ltd v Arcadia Group Pension Trust Ltd: RPI/CPI and the power to select an alternative index download
This update looks at the issues in the case, and the considerations for schemes that may now have more flexibility to switch in the light of this decision.
Canon Jeremy Pemberton, the first British clergyman to enter a same-sex marriage, has confirmed that he has filed an Equality Act claim in the employment tribunal.
The Ontario government has proposed to amend the Insurance Act (Ontario) by requiring mandatory insurance of long-term disability (LTD) benefits provided by employers.
Should you ditch the interview? download
A recent case raises a difficult issue for employers: when should a requirement for competitive interviews be disapplied or modified for disabled job candidates?
Save the Children International (SCI) general counsel Elizabeth Stephen has left the charity on sabbatical, prompting a hunt for her replacement.
Eversheds has advised Prospects College of Advanced Technology on becoming the first new further education college formed in England since 1992.
A recent ruling has changed the way employers must now calculate holiday pay, with implications for both trading solvent businesses and insolvent businesses.
Noise-induced hearing loss (work-based hearing loss) is permanent and the damage is irreversible.
Drug and alcohol testing in the workplace can be problematic for employers. The recent case of Kuehne+Nagel Ltd v Cosgrove considered the issue.
Shoosmiths looks at when suspension might be appropriate and how employers should communicate their decision.
A recent act has made various changes to the legal framework of occupational pensions for employees and self-employed company leaders.
No damages awarded for unforeseeable workplace assault, but employer ordered to rewrite harassment policy download
The fact that an employee had engaged in harassment did not make it foreseeable that he would assault a co-worker, a labour arbitrator has held.
Winckworth Sherwood has been appointed as one of two legal advisers to Churchmarketplace, a purchasing consortium for Catholic schools.
It is not known what a vote either way might ultimately mean for employers with operations in Scotland or those who trade with Scottish businesses.
First Ombudsman decision on IBM download
The Deputy Pensions Ombudsman has announced her determination in the first Ombudsman case to seek to rely on the IBM reasonable expectation argument.
New threat to ‘bring your own device’ policies: employer required to reimburse personal cell phone expenses download
California employers must reimburse employees who are required to use personal mobile phones for work calls for a reasonable percentage of their phone bills.
Welcome to the latest edition of Addleshaw Goddard’s Employee Incentives Update, which contains a round-up of key developments in this area during August 2014.
This team provides comprehensive and clear advice on what is often a challenging and complex area of law to clients around the world.
Employers, pension managers, pension fund chairs and independent trustees all choose our award-winning pensions team for a tailored service.
From the everyday to the strategic, this 38-strong global team advises a broad client base on the full range of employment issues.
There are more than 170 lawyers working globally to provide the best possible solution for your business, well-protected interests and carefully managed cost control.
The number of Ontario Occupational Health and Safety Act (OHSA)convictions was at a six-year low in the government’s fiscal 2013–14 year.
Extra paternity leave for fathers download
In their manifesto for the next general election, the Liberal Democrats will pledge to give fathers an extra four weeks’ paternity leave.
Employment update — September 2014: tax simplification review; whistleblowing; and shared parental leave download
Wragge Lawrence Graham & Co’s employment specialists discuss the implications of the latest employment law issues and provide action points to help you and your organisation.
Four of the world’s largest technology companies hit the headlines recently when they settled a $324m class action, but the settlement was later overturned in the courts.
The Discrimination (Jersey) Law 2013 has come into force. It has been the subject of much speculation as to its likely impact on the workplace and outside.
Employers are waiting on the outcome of a court ruling that may mean special treatment has to be given to employees whose weight is causing them problems in the workplace.
The firm has consistently been praised as a market leader in the corporate and compliance field, especially in mergers and acquisitions and in company law.
Zero-hours contracts: new consultation on tackling avoidance of forthcoming ban on exclusivity clauses download
The government has published a new consultation seeking views on avoidance of the forthcoming ban on exclusivity clauses in zero-hours contracts.
From 5 April 2015, eligible employees will have the right to opt into a new system of shared parental leave.
The Office of Tax Simplification published its final report on the taxation of employee benefits and expenses and termination payments on 31 July 2014.
New right for those in ‘qualifying relationship’ with a pregnant woman or her expected child to attend antenatal appointments download
Employees and agency workers in a ‘qualifying relationship’ with a pregnant woman can now take unpaid time off work to accompany the woman to antenatal appointments.
A recent maternity case (Smith-Twigger v Abbey Protection Group) has illustrated the importance of maintaining contact during the maternity-leave period.
Factors the EAT will take into account when making an order for the repayment of an appellant's fees download
The EAT has considered the factors that should be taken into account when considering making an order for repayment of a successful appellant’s EAT fees.
The High Court has held that an employer was entitled to waive an employee’s repudiatory breach of contract and keep the contract of employment alive.
Boyanov & Co provides advice in connection with wealth management, tax planning, business and personal relocation, family law matters and employment law advice.
A number of Tier 2 sponsors do not consider the effect of changes to their company structure on their sponsor licence and/or what their obligations are in such circumstances.
Dress codes — new guidance from Acas download
Acas has issued guidance in relation to workplace dress codes, which will be useful for employers who are drafting or reviewing their policy.
Boyanov & Co provides employment advice on a permanent basis and acts as outside counsel for companies such as Mondelez Bulgaria and Ideal Standard.
The government has introduced the Small Business, Enterprise and Employment Bill, which if passed will make changes to the insolvency profession.
Eversheds has commented on the latest distributive trades survey from the Confederation of British Industry.
A recent case involving two Arcadia pension schemes shows the court allowing a switch from RPI to CPI, for both past and future service.
Protecting your market and goodwill; post-termination restrictions and stepping rights upheld download
In Carewatch Care Services v Focus Caring Service and Others, Mr Justice Henderson had to consider the enforceability of standard post-termination restrictions.
A recent MOL safety blitz has shown that many new small businesses violate basic legal requirements such as posting a copy of the Occupational Health and Safety Act.
DLA Piper has announced that Baltimore partner Ian Taylor has been selected to The Daily Record’s list of ‘Very Important Professionals’.
Obesity is estimated to affect around one in four UK adults. The EU advocate-general’s recent non-binding opinion may give rise to significant implications for employers.
The fact that an employee is on sick leave is a relevant consideration when determining whether a delay in resigning would prevent a claim for constructive dismissal.
The Court of Appeal has considered whether the High Court made the right decision in re-writing a 12-month non-compete covenant so that it made commercial sense.
The EAT considered whether a clause, which enabled the employer to deduct a month’s salary if an employee failed to work their notice period, constituted a penalty clause.
At PwC, we understand that managing employees can be one of your biggest challenges but also your greatest asset.
Welcome to PwC Legal LLP, a member of the PwC international network of firms.
If organisations create the appropriate culture, people will feel able to speak up when they suspect there has been a breach of ethics or values.
The appellants were former bus drivers once employed by Centre West who TUPE transferred to London United following a route re-allocation.
Can and should office relationships be allowed or does the home connection lead to domestic issues pervading the working environment?
Lessons from Lehman download
The Pensions Regulator has reported that a settlement agreement had been reached in respect of the Lehman Brothers Pension Scheme.
Shoosmiths has become the first top-40 legal firm to be accredited with the Investors in People gold standard for a second time.
Eversheds has appointed Mark Latimour as a pensions partner in the firm’s London office.
‘Don’t worry about me, I carry weapons’: employee’s violent statements warranted serious discipline but not dismissal download
An electrician’s comment, ‘Don’t worry about me, I carry weapons’ and ‘it would really feel good to kill something today’, did not warrant dismissal.
There seems to be a growing recognition that retaining the skills of the older worker makes sound business sense. But are we neglecting our younger potential workforce?
A recent decision dealt with the validity of amendments made to a trust deed and offers up some useful general principles for interpreting pension scheme documents.
Life Sciences Spotlight: Chinese regulatory enforcement action not slowing down; patent strategies and loyalty discounts; and more download
DLA Piper has released the fourth edition of Life Sciences Spotlight, which discusses developments in the sector across the Asia-Pacific region.
A California court has told employers that if employees must use their mobile phones for work calls, they must be reimbursed part of their mobile phone bills for that use.
Benefit change exercises — what are the practical implications of the IBM case for trustees and employers? download
The latest IBM case has implications for employers and trustees when considering changes to members’ pension benefits. But what implications?
Tim Pole of No5 Chambers has prosecuted in a case that saw two brothers from Stoke-on-Trent handed prison sentences after they exposed at least seven workers to asbestos.
From 5 April 2015, the government plans to give families greater flexibility when deciding who will take time off work to look after their new baby.
Just what should you say when leaving an out-of-office message? Should it be funny, apologetic or just short and simple?
The Cabinet Office has said it will appeal the High Court decision in Annette Ellis v Cabinet Office  EWHC 2049 (Ch).
Employer asks HRTO for permission to access employer’s own ‘Occupational Health and Claims Management’ file on employee download
Must an employer obtain permission from the Human Rights Tribunal of Ontario to access medical records on an employee who filed a human rights complaint?
The US Citizenship and Immigration Services agency reports faster processing times for immigrant investors in the US under the EB5.
BWB has been at the heart of the social enterprise sector for more than 20 years.
Winckworth Sherwood partner Sue Kelly has featured in a training video produced by the University of Law entitled ‘Employment: Children and Families Act 2014’.
Two recent cases illustrate the importance of employers making reasonable adjustments for disabled employees placed at risk of redundancy.
Shoosmiths looks at the legal implications of employees lying about their qualifications and how employers can guard against being misled.
We are widely recognised as the leading immigration practice in the UK. Our immigration team is led by Philip Trott.
We provide employment advice and representation, as well as support and training, to a wide array of clients, whether organisations or individuals.
DLA Piper has announced that Majorie Winters has joined the firm as director and counsel of its NEST (NextGen Environment for STartUps) programme.
Our charity and social enterprise team works with more charities than any other law firm in the country.
Our insolvency group is a team of lawyers with expertise in various areas, working together to provide the best possible service to clients dealing with insolvency.
Addleshaw Goddard’s Gun Judge has chaired a committee of employers, professional associations and regulators to define new apprenticeship standards.
Study warns of ‘management pay gap’ download
A female manager would have to work 14 years longer than a male counterpart to earn as much as them over a career, according to a new study.
Senior solicitor — manager, personal injury, Leeds
Mr J Linwood v British Broadcasting Corporation sends a clear reminder to employers to carefully manage the performance failures of their managers.
Shoosmiths’ Michael Hardiman suggests 10 top tips for drafting disciplinary outcome letters.
Twenty-day jail sentence for employee who released employer’s confidential information in breach of court order download
A former employee received a 20-day jail sentence after she disclosed the plaintiffs’ confidential business methods and disparaged their business reputation.
MoL permits employer to have multi-workplace joint health and safety committee, union’s challenge dismissed download
A union has lost a request to suspend an MoL director’s order allowing a school board to establish a multi-workplace joint health and safety committee.
Recent guidance clarifies that the use of female-only shortlists or quotas to encourage more women on corporate boards is unlawful.
Ensure restrictive covenants in a sale agreement are enforceable (as the courts won’t do it for you) download
The Court of Appeal has overturned a decision in which the judge read words into a restrictive covenant clause to reflect what he determined the parties had in mind at the time of drafting.
Bruce Dear, head of London real estate at Eversheds, has commented on the 2.9 per cent fall in property prices from July to August.
Employment law update — amendments to the Basic Conditions of Employment Act; increase in earning threshold; and more download
Eversheds has released the August 2014 issue of its Employment law update.
The claimant was placed at risk of redundancy with a number of other employees. They were all given the option of choosing voluntary redundancy or redeployment.
Clyde & Co has settled a long-running whistleblowing dispute with former partner Krista Bates van Winkelhof out of court after successive cases sought to establish the validity of the claim.
James Lynas, a partner at Winckworth Sherwood specialising in education employment law, highlights easily avoidable human resources errors that can cost schools dear.
Top 10 tips for the workplace download
Ensuring compliance with Dentons’ top 10 tips list will help to keep your workplace running smoothly.
Oman’s newly signed treaty with Spain reduces withholding tax rates and includes a new limitation on benefits clause to prevent treaty shopping.
We have a depth of experience across local and central government.
We have a proven track record of working within the highly competitive leisure and hospitality sector.
Male lawyers should consider embarking on a new parental journey.
MoL managers have discretion as to whether to send out an inspector when an employer calls after-hours about a workplace accident, a recent decision suggests.
There is a growing national movement to ‘Ban the Box’ — i.e. to prohibit questions about a job applicant’s criminal history on employment applications.
How would an organisation handle the reinstatement of a dismissed employee while the matter is being heard?
Conflicts of interest can be an inevitable part of employment for university academics, especially when performing different roles.
All enterprise agreements impose mandatory obligations on employers to consult with employees about ‘major’ changes in the workplace.
Should I employ a family member? download
Asking relatives to lend a helping hand with your business is quite different from recruiting somebody from the outside. What additional considerations are needed before hiring kith and kin and is it wise to choose family?
Flexible working for all employees download
From 30 June 2014, new Flexible Working Regulations, part of the Children and Families Bill 2014, came into force, giving all full-time and part-time employees the right to ask for flexible working.
Principles of working time download
There are a number of provisions aimed at protecting the health and safety of workers within the Working Time Regulations 1998.
In light of the recent rulings in a series of cases on the correct calculation of holiday pay, employers are advised to urgently review their contractual leave arrangements.
A dispute over redundancy payments illustrates that where it becomes established custom and practice to pay employees whose contracts are ended more than the statutory minimum, even where the practice is discretionary, this can become an implied contractual entitlement.
Alleging panic attacks due to mistreatment at work, employee’s HRTO application dismissed for duplicating court action download
Employees may not raise the same human rights issue before the Human Rights Tribunal of Ontario and the courts, a recent HRTO decision confirms.
The majority of new mothers feel they have to go back to work earlier than planned due to money worries, according to a study.
Gateley has announced a total of 28 promotions across its English offices. Seven of Gateley’s Manchester team have been promoted, with tax specialist Richard Clitherow being made legal director.
The Public Accounts Committee (PAC) has issued a report criticising the treatment of whistleblowers and the perceived failure by the UK government to introduce effective law.
The Middle East, with its booming and increasingly diversified economy and rapid population growth, is a popular region for expansion by many foreign multinational companies.
Employers in England should be aware of the possible impact that a rising number of people with dementia could have on their operations, a new report says.
No5 Chambers’ employment group has announced the dates for its annual employment seminars in Birmingham and London.
With a commercial and pragmatic approach, our dedicated employment lawyers provide support and advice to employers and employees across all areas of employment law.
Last week the bound version of the Finance Act 2014 thudded onto my desk. Not an exciting publication and, for the uninitiated, about as satisfying to read as the London telephone directory (and perhaps a little less useful).
Bruce Carr, the QC leading an independent inquiry into legislation governing industrial disputes, has said that he will not make any proposals for a change in the law.
Update on Orozco v Plackis: was franchisor’s principal the employer of franchisor’s employee? Fifth Circuit reverses — three takeaways download
Although the Circuit Court stressed that its decision ‘did not suggest that franchisors can never qualify as the FLSA employer for a franchisee’s employees’, the case is important for several reasons.
DLA Piper has been awarded in three separate categories at the annual Euromoney Australasian Women in Business Law Awards 2014, held in Sydney.
When it comes to LLPs, all is still not clear over auto-enrolment.
Prophet plc v Huggett: update download
In Prophet plc v Huggett, the High Court came to the surprising decision that it could reword a badly drafted restriction in an employment contract.
Notes taken post-accident can lose privilege if used to refresh memory, court decision suggests download
Privileged notes taken by a witness after a workplace accident may cease to be privileged if used by the witness to prepare to testify in court.
Stereotypes can be ingrained at an early age, and Lego is one of the biggest influences on children as they grow up.
The Health and Safety Executive has highlighted industrial disease in its industry sector plan for 2014–15.
We advise corporate clients and high-level management employees on all matters relating to employment relationships and with regard to all employment-related tax aspects.
Double trouble for D&O insurers as the UK regulators extend the limitation period applicable to disciplinary investigations
Recent legislative changes in the UK are likely to raise concerns for D&O insurers and their insureds.
According to the Health and Safety Executive (HSE), ‘asbestos is the single greatest cause of work-related deaths in the UK’.
Shoosmiths has advised Palatine Private Equity and Bridgepoint Development Capital on the successful exit of their investment in Hallmark Hotels Group.
The New York City Department of Consumer Affairs has published its final rules regarding the Earned Sick Time Act.
More than 100 representatives from companies in Serbia attended a business briefing organised Karanovic & Nikolic on 1 August.
For the second consecutive year, Working Mother magazine has named DLA Piper as one of the 50 best law firms for women.
‘Red flags’ were used to assess workplace violence threat; employer’s request for psychiatric assessment was justified download
The Human Rights Tribunal of Ontario has ruled that the City of Toronto was justified in requiring an employee to obtain a psychiatric assessment because of ‘red flags’.
In conflicting opinions released on 22 July, two federal circuits split on whether ACA subsidies are available under a federally operated health insurance exchange.
The Bank of England introduces new Clawback Rules: Code Staff face seven-year clawback on bonuses download
The Bank of England has published new Clawback Rules setting out the standards that banks have to meet when setting variable remuneration for their staff.
The government has published guidance on how the new system of shared parental leave will work in practice and it may not be what you were expecting.
The Court of Appeal has held that Olympic Airlines had not experienced an insolvency event for the purposes of section 121 of the Pensions Act 2004.
The subject of holiday in employment law has been somewhat of a moveable feast, with a number of high-profile court decisions in recent years, both at domestic and European level, resulting in a number of changes in the law.
There is building momentum for the federal government to change laws that currently apply to employee share schemes.
From April 2015, individuals will have total freedom over how they use their pension savings.
Eversheds’ Audrey Williams has commented on a Public Accounts Committee (PAC) report that is highly critical of the treatment of whistleblowers.
The general counsel of the National Labor Relations Board has directed the issuance of complaints in 43 unfair labour practice cases.
Employment Legislation Update — Protected Disclosures Act 2014; Employment Permits (Amendment) Bill 2014; and more download
LK Shields Solicitors’ employment team highlights recent developments in labour and employment legislation in Ireland.
The Irish Commercial Court has handed down judgment in Holloway and Others v Damianus BV and Others — otherwise known as the Omega Pharma case.
The provisions of the Equality Act 2010 relating to race do not, at present, expressly prohibit discrimination against a person because of their caste.
The EAT will embark on a three-day hearing that represents a significant stage for the cases that will determine the fate of overtime in relation to holiday pay.
The number of prosecutions that the HSE takes each year as a consequence of injuries caused by inadequate guarding remains astonishing.
The European Commission to announce new Strategic Framework on Health and Safety at Work 2014–2020 download
The Strategic Framework on Health and Safety at Work 2014–2020 has the aim of ensuring that the EU remains at the forefront of encouraging high standards for working conditions.
This article takes a closer look at the implications of paying an FFI and, in doing so, suggests that a more robust response to the regulator is often warranted.
The Ontario Ministry of Labour is facing a negligence suit by the lone survivor of the Christmas Eve 2009 scaffold collapse.
Mishcon de Reya will pay over £66,000 in damages and interest to a former client after partially losing a professional negligence case in the High Court.
NCTM has represented BD Group Industries — a worldwide energy solutions provider — in the acquisition of a majority stake in Sagemis International.
The list of ‘insolvency events’ suffered by an employer that are required in order to qualify a scheme for PPF entry does not include events occurring outside the UK.
The Court of Appeal has overturned a High Court judge’s decision to add words to a non-compete restriction, which had originally offered the employer very little protection.
Relaxation of information and consultation requirements for micro-employers for transfers taking place on or after 31 July 2014 download
Regulation 13 of TUPE 2006 obliges employers to inform and consult with ‘appropriate representatives’ of the employees who are affected by the transfer.
The EAT has held that a grievance outcome letter sent from an HR Officer was capable of binding the employer to a new pay grade.
HR managers have to deal with a range of challenging situations, but senior executive hiring remains an area that is particularly fraught.
In the case Kaltoft v Kommunernes Landsforening, the advocate-general has given an opinion that morbid obesity may amount to a disability.
Disability discrimination: no obligation to make reasonable adjustments for employees associated with disabled employees download
The Court of Appeal has decided that employers are not obliged to make reasonable adjustments for employees who are associated with a disabled person.
A new Ontario Bill will make employers liable for the WSIB costs of injured agency employees working for them.
Walker Morris’s little green ibook explains the ins and outs of the most popular schemes.
In Chandler v Cape, it was held that a parent company owed a direct duty of care to an employee of a subsidiary who contracted asbestosis.
The case of Hershaw and ors v Sheffield City Council is a reminder to employers to be careful about how and what they communicate to their employees.
In a recent case, the judge concluded that something had ‘gone wrong’ with the drafting and added the words ‘or similar thereto’ to the end of the covenant.
In Romania, a new law on employee inventions entered into force on 29 June 2014. The law abrogates former provisions on employee inventions set forthby the country’s Patent Law.
Double jeopardy: three-year time bar on regulatory enforcement proceedings increased to six years download
One of the biggest stings in the clawback tail was that clawback could be applied for up to 11 years after the date on which a bonus or other variable incentive was first awarded.
Employers have a duty to prevent illegal working and are obliged to carry out prescribed document checks on individuals before they commence work.
For the first time in more than 30 years, the Equal Employment Opportunity Commission (EEOC) has overhauled its guidance on pregnancy discrimination issues.
Now that the 2014–15 Ontario budget has been passed, Ontario employers should think about how the new Ontario Retirement Pension Plan could affect them.
Annual EEO Public File Report deadline for stations in California, Illinois, North Carolina, South Carolina and Wisconsin download
This Broadcast Station Advisory highlights the upcoming deadlines for compliance with the FCC’s EEO rule.
The last few months have seen many announcements in relation to changes expected in the employment law arena.
Protecting confidential information is understandably an important issue for most employers.
LLP member is a ‘worker’ download
A member of an LLP is a ‘worker’ within the meaning of the Employment Rights Act 1996 and therefore qualifies for whistleblowing protection.
This case will remain relevant when assessing whether any future legislation regarding the disclosure of historic cautions or warnings breaches the right to private life.
The Court of Appeal has held that an employer has no duty to make reasonable adjustments for a non-disabled employee associated with disabled people.
Most businesses are now aware that all breaches of health and safety legislation are treated extremely seriously by the courts.
Are post-termination restrictions on a recruitment consultant enforceable where information is widely available on social media? download
The High Court has held that six-month non-dealing and non-solicitation post-termination restrictions were enforceable by the recruitment business against a former employee.
No, according to the EAT, in the case of a group of agency workers who were assigned to one hirer for periods ranging from between six and 25 years.
Following a preliminary EU court ruling, severe obesity may in future be classified as a disability under EU law.
An unqualified consumer relations officer can only be employed until the 31 July 2014 at the latest.
The shocking news of recent airline disasters brings into sharp focus for employers the sometimes unforeseeable risks facing employees who frequently travel for work.
InCredit — July 2014: Small Business, Enterprise and Employment Bill 2014–15; ring-fencing update; and more download
Addleshaw Goddard has released the 7 July 2014 issue of its InCredit publication.
Is it correct that a contract can only be implied between an individual worker and an end user where it is necessary to do so? download
A contract can only be implied between an individual and the end user where it is necessary to do so in order to give effect to the reality of the relationship.
SAFE has announced reforms to its foreign exchange administration in order to make it easier for Chinese individuals and companies to invest abroad.
Ogier Fiduciary Services has partnered with QIC to create a successful share plan that helps motivate, retain and incentivise employees.
The standard JCT forms of contract include provisions relating to defects that come to light during the rectification period.
Be Global — July 2014: new gender equality reporting obligations in Australia; meaning of ‘last wage’ clarified in UAE; and more
Be Global is DLA Piper’s snapshot of key global employment law developments designed to help you identify legal hotspots across your global operations.
The web-based training product is designed to leave managers better equipped and more confident to handle disciplinary issues.
The states approved the proposed Employment (Amendment No 8) (Jersey) Law 201- on 18 July 2014.
Nabarro has advised Swedish engineering company Indutrade on four strategically significant acquisitions.
Employment tribunal fees download
29 July 2014 will mark the first anniversary of the introduction of legal fees in the employment tribunal.
A recent decision has confirmed that in some cases the extent of an appeal manager’s authority does not include increasing the disciplinary sanction imposed.
The High Court has considered whether a claimant waived privilege in confidential documents simply because they had been seen by someone other than the claimant and his lawyer.
Wragge Lawrence Graham & Co’s energy team has advised Carron Energy on its disposal of three power response businesses.
Allen & Overy has advised Imperial Tobacco on its acquisition of the US Winston, Kool, Salem and Maverick tobacco cigarette brands and the US/UK blu e-cigarette brand.
Richard Hignett has successfully represented a small employer at the Birmingham Employment Tribunal, securing a sizeable costs award.
DLA Piper has announced that Maria Rodriguez has been named to the Daily Journal’s 2014 list of ‘Top Labor and Employment Lawyers’.
Budget — where we are now download
The government has published its response to its Freedom and Choice consultation issued as a result of the Budget.
Barrister Charles Crow from No5 Chambers has won an unfair and wrongful dismissal claim for a top surgeon.
The Parliament of the Republic of Serbia adopted amendments to the Labour Law on 18 July 2014.
Obesity: the new disability? download
With NHS statistics suggesting obesity levels are increasing, a recent case has looked at whether obesity can amount to a disability and come within discrimination provisions.
Partner and head of employment
Justice secretary Chris Grayling will hear his new Social Action, Responsibility and Heroism Bill 2014–5 debated in the House of Commons on 21 July 2014.
Reshuffles and ‘pale stale males’ download
The idea that the group of staff targeted represent the ‘pale stale males’ of an organisation may ring discrimination alarm bells for those in HR.
A new Ontario Bill will give unpaid trainees the protection of the Occupational Health and Safety Act.
In this video, pensions, benefits and executive compensation partner Pamela Baker reviews the ups and downs of golden parachute cap provisions.
In this video, Pamela Baker looks ahead to the future of COBRA subsidy provisions in executive employment agreements.
Serbia: seconding Austrian nationals to work in Serbia and applying the Double Taxation Treaty between the two countries download
It is commonplace for foreign companies active in Serbia, including Austrian firms, to second their employees to the country via their affiliates or business partners.
Neil Hudgell Solicitors has won €1.75m for engineer Hendrik Donkers, who lost two limbs in an accident that took place as he went to service a tyre below an aircraft’s nose.
Few legal cases have attracted wider public interest recently than that of the Danish childminder whose case has generated debate about whether obesity is a disability.
You’re finally lying by the pool and your phone rings. It’s the office and they need you to sign some urgent documents.
Is obesity a disability? download
The question of whether obesity constitutes a disability was recently considered by the advocate-general of the Court of Justice of the European Union.
Since September 2013, employee shareholder agreements have enabled companies to introduce a new type of employment status into their workforce.
The States of Jersey have passed an amendment to the Employment (Jersey) Law 2003, incorporating a number of ‘family-friendly’ rights into the legislation.
Stephenson Harwood has advised Cofely on its purchase of Lend Lease’s UK facilities management business.
Employment Update: summer 2014 — restrictive covenants; whistleblowing Q&A; fiduciary duties; and more download
Bates Wells Braithwaite has published its Employment Update for summer 2014.
Gateley has made promotions in numerous practice areas. They include seven promotions to associate, seven to senior associate and two to legal director.
The summer edition of Eversheds’ UK Pensions Agenda is out. It summarises 10 key issues affecting UK pension plans and plan sponsors.
Shoosmiths looks at what it could mean for UK businesses if Scotland decides to become an independent country.
Calculating holiday pay is proving to be a hot topic at the moment, with recent employment tribunal and European court decisions hitting the headlines.
Ontario’s government introduced workplace legislation on 16 July 2014 that would affect five labour and employment statutes in the province.
Court of Appeal rules employers are entitled to impose higher disciplinary sanction on appeal download
In McMillan v Airedale NHS Foundation Trust, the Court of Appeal held that employers may, in principle, increase a disciplinary sanction on appeal.
The Federal Circuit Court of Australia imposed fines on a company totalling AUD313,500 for sham contracting and related contraventions of the Fair Work Act 2009.
New figures released by the Health and Safety Executive have indicated that the number of cancer deaths in the UK caused by asbestos exposure is continuing to rise.
Reports of a business executive sacked for having a visible tattoo raise potential issues for employers wanting to set standards of appropriate dress and appearance.
Walker Morris has been ranked as one of the UK’s top graduate employers in the latest Guardian UK 300 listings.
In Peabody v Time Warner Cable, Time Warner contended that a former account executive was not entitled to overtime pay because she fell into the ‘commissioned employee’ exemption.
The IRS has issued final regulations that permit employers and IRA providers to offer ‘qualified longevity annuity contracts’ or ‘QLACs’ under defined-contribution plans and IRAs.
In Lock v British Gas, the European Court of Justice decided that holiday pay under the Working Time Directive has to include commission if salary is made up of commission.
Perspectives — Supreme Court rejects presumption of prudence for ESOP fiduciaries; and more download
This issue of Perspectives focuses on recent ERISA fiduciary and tax decisions, which have special importance to plan sponsors and plan fiduciaries.
Obesity is a growing problem in modern society. For the first time, the European Court of Justice is considering issues concerning obesity-based discrimination.
Collyer Bristow’s employment law specialists are dedicated to providing practical and commercial solutions to all of your employment problems.
Shoosmiths, in conjunction with Ryder Marsh, recently hosted a health and safety event in collaboration with a top US institution.
As of 1 July 2014, Saskatchewan employers who violate certain occupational health and safety laws may be issued a summary offence ticket.
The creation of a central registry of company beneficial ownership information.
Government loses workfare case download
Thousands of jobless claimants denied benefits under flagship back-to-work schemes could be in line to share £130m in compensation.
Not just a matter of terminology: disclosure between the US and UK is redefining the role of legal counsel download
Cory Birenbaum and Rod Anderson outline how general counsel and their advisers can prevent their employers from falling afoul of US judges.
In this article, Walker Morris examines the issues relating to zero-hours contracts and their practical impact for employers.
Mourant Ozannes has advised Canadian investment holding company Endiang Holdings on its acquisition of ARC Group.
An employee has failed in his bid to persuade the Human Rights Tribunal that safety-related discipline against him was discriminatory under the Human Rights Code.
As if employers needed one, we now have yet another decision invalidating a termination provision for failure to comply with the Employment Standards Act 2000.
In Germany, new rules specifically designed to regulate the limits of working hours in the offshore industry came into effect on 1 August 2013.
Once skilled migrants have moved to the UK and begun to work under their newly acquired immigration status, it is likely there will be changes to their pay and job role.
Small Business, Enterprise and Employment Bill — corporate governance: proposals that all UK companies should be aware of download
The Small Business, Enterprise and Employment Bill is seeking to impose an obligation on all UK companies to create and maintain a register of beneficial ownership.
The risks of revolutionary design — Sainsbury’s Supermarkets Ltd v Condek Holdings Ltd and Others download
Who can an employer look to when a revolutionary design goes wrong and the company that designed and constructed it has gone into liquidation?
Many people with an international element to their business or their lifestyle choose to employ domestic staff from overseas.
The law that converted the Poletti Decree (Law No. 78 of 16 May 2014) has only recently been published in the Gazzetta Ufficiale.
Irvine Maccabe reviews new statutory provisions outlawing race discrimination in Jersey.
One of the problems faced by HR managers is how you go about having a difficult conversation with an employee who isn’t performing as well as you would like.
Dentons’ restructuring, insolvency and bankruptcy group considers the legal, commercial and practical issues when buying from an insolvent company.
Ontario’s New Human Rights Policy download
In June, the Ontario Human Rights Commission released a new policy entitled ‘The Policy on Preventing Discrimination Based on Mental Health Disabilities and Addictions’.
Supreme Court rules that contractual damages cannot be recovered for manner of dismissal losses download
An employee cannot bring a breach-of-contract claim for losses flowing from the manner of dismissal even where the dismissal is in breach of an express contractual disciplinary procedure.
Employers should be aware of a number of recent developments in the employment law arena.
The government has published its response to the consultation on how mandatory equal-pay audits will operate, together with the draft regulations that will govern the new system.
The Small Business, Enterprise and Employment Bill sets out a number of further reforms to the employment law landscape.
The government will ban the use of ‘exclusivity clauses’ — which provide that the employee is not entitled to work for another employer.
The EAT has held that a claimant lost his right to claim constructive dismissal where he gave his employer considerably longer notice of termination than he was obliged to do.
EAT holds that the mental processes of anyone influencing a decision maker should be taken into account download
In Reynolds v CLFIS (UK) Ltd and others, the claimant alleged that the termination of her consultancy agreement was discriminatory on the grounds of age.
Madarassey, Mezzoterro, Villalba: there was a time when the papers were full of reports of women with six-figure salaries taking on their employers in tribunal.
Wrongful dismissal, unfair dismissal, or both? That is the question posed by Charles Crow and Alexander Mellis.
Change of location and TUPE download
Anthony Korn reviews the EAT’s ruling in Donnelley Global Document Solutions Group Ltd v Besagni and others (EAT/0397/13).
Earlier this month, the government named and shamed 25 employers who failed to pay their workers the minimum wage.
Walker Morris looks at the immigration changes and what employers need to know.
The Office for National Statistics has estimated that 465,500 people were aged 90 or above in 2012 (33 per cent higher compared with the previous decade).
After a 2.9 per cent decline in GDP in 2014’s first quarter, businesses had cause for concern about the future of the US economy. This report should go a long way to allay those fears.
How far does associative discrimination extend beyond direct discrimination and harassment? download
Russell Holland and Russell Bailey consider the impact of the recent decision of the Court of Appeal in Hainsworth v Ministry of Defence.
Richard Adkinson considers the ruling of the First Chambers of the CJEU in Gülay Bollacke v K + K Klaas & Kock BV & Co KG.
The odds are very long that Congress will enact comprehensive immigration reform legislation in 2014, and the odds may not improve much in 2015.
An employee who was fired one day after complaining that she felt threatened by ‘aggressive clients’ was entitled to damages for the retaliatory discharge.
The campaign to increase the representation of women on the boards of public companies reached a significant milestone recently.
The California Supreme Court in Iskanian v CLS Transportation Los Angeles held that its decision in Gentry v Superior Court is no longer good law.
DLA Piper has announced that Kevin Finger and Jeffrey Torosian will join the firm’s litigation practice as partners in the Chicago office.
Wragge Lawrence Graham & Co has announced the promotion of 13 lawyers to the firm’s legal director role.
Minter Ellison has announced a range of senior appointments, including eight new partners, five special counsel and 25 senior associates.
Holiday pay to include commission download
When calculating statutory holiday pay for their employees, UK employers need to take into account not just their basic pay but also contractual commission.
An employee can accept a repudiatory breach of contract if a longer notice period is given than required by the contract of employment.
Admissibility of covert recordings download
G, who was employed by the bank until her resignation, lodged a claim at the employment tribunal, alleging sexual harassment, sex discrimination and constructive unfair dismissal.
Merlin Financial Consultants Ltd v Cooper, concerning 12-month non-competition restrictive covenants, suggests that they are easier to enforce in the financial services sector.
This article looks at the principles set under the new code of practice for funding defined benefits.
All employees can ask for flexible working from 30 June. Here are Shoosmiths’ top three tips for avoiding the doom and riding the wave as smoothly as possible.
A court has confirmed that the ability to work night shifts was a genuine occupational requirement for a registered nurse who was engaged in roles that provided 24/7 care.
According to a YouGov report, 65 per cent of companies currently allow employees to bring their own devices to work, but only a quarter have a a formal policy in place.
The traditional view is that a novation is an agreement that replaces the original contract with another one on the same terms but with different parties.
Section 95 of the Employment Rights Act 1996 modifies the common law position by allowing an employee to claim constructive dismissal even if notice is given.
A reminder from the EAT: appealing against a well-reasoned tribunal decision is unlikely to be successful download
The Employment Appeal Tribunal (EAT) has reviewed the approach to be taken by tribunals in determining employment status.
The European Commission to announce new Strategic Framework on Health and Safety at Work 2014–2020 download
The framework has the aim of ensuring that the EU remains at the forefront of encouraging high standards for working conditions worldwide.
The number of prosecutions that the HSE takes each year as a consequence of injuries caused by inadequate guarding remains astonishing.
Companies are being urged to take note of the new flexible working law, which gives all workers with at least 26 weeks of service the right to request flexible working.
Disciplinary letters issued to three members of a safety ‘policy committee’ were not retaliatory under the Canada Labour Code.
Our legal professionals work alongside social media providers and users in relation to commercial, privacy, data, advertising, intellectual property, employment and corporate issues.
Managing partner and head of employment
Audrey Williams, employment partner at Eversheds, has commented on the government’s results from its call for evidence regarding current whistleblowing laws.
Naeema Choudry has commented on the Flexible Working Regulations 2014, which extend the right to make a request for flexible working to any employee who has been employed for 26 weeks.
No5 Chambers barrister Jack Feeny has been interviewed by Iain Lee on the BBC Three Counties Breakfast show about an employment tribunal case he was involved in.
Mills & Reeve and Veale Wasbrough Vizards (VWV) are to give employment advice to the British Library after winning a mini-tender run by the London Universities Purchasing Consortium (LUPC).
Arbitrator may order change to hours, location of doctor who sexually harassed hospital nurse download
Where a doctor has sexually harassed a nurse, a labour arbitrator has authority to decide how close the doctor should be able to work with the nurse and under what conditions.
Money purchase deconstructed: working with the new definition — a checklist for trustees and administrators download
The definition of money purchase benefits is changing, as are the rules on how schemes are required to deal with any benefit that becomes classified as a ‘non-money purchase’.
Annabel Mackay, managing associate at Addleshaw Goddard, comments on the government’s response to its call for evidence on the whistleblowing framework.
Disclosure of spent convictions download
The Supreme Court has confirmed that the government’s changes to the criminal records disclosure regime last year were necessary.
On 30 June 2014, the right to request flexible working will be extended to all employees with 26 weeks’ qualifying service.
At Kemp Little, we have helped to drive the adoption of technology and data analytics as well as providing advice to life science companies supplying the sector.
Non-competition restrictive covenants have been described by a leading judge as ‘the most powerful weapon in the employer’s armoury’.
The deadline for employers to report share-based awards is approaching. The ATO is increasing its focus on ESS reporting compliance so employers should be aware of some of the traps.
Boutique firms CM Murray, Hierons and Maurice Turnor Gardner have joined forces with chartered accountants Buzzacott to go to market as a one-stop-shop for professional practices.
If your organisation has 100 or more employees, unless it is a public sector employer, it will have annual gender reporting obligations to the Workplace Gender Equality Agency.
Dentons’ employment team considers the impact of the Clyde & Co v Bates van Winkelhof case on LLP pension provision.
The ECJ has handed down an important decision that affects the calculation of holiday pay for workers whose pay includes an element of commission.
HMRC has ruled that around 3,000 home care staff should receive a share of £600,000 in unpaid wages after their employer had not paid them for time spent travelling between care visits.
The Pensions Regulator has issued a report outlining how it dealt with an employer that failed to meet its auto-enrolment deadlines and registration.
The European Court of Justice has recently heard a discrimination claim brought by a Danish child minder, Karsten Kaltoft, against his local authority.
The World Cup runs until 13 July and from past experience we know it can give rise to a few employment challenges.
The government’s quarterly employment tribunal statistics for the period January to March 2014 show a drop in single claims of 59 per cent.
There have been a number of changes to immigration-checking rules for employers.
The government has published its proposals for the reclassification of occupational pension schemes in the Pension Schemes Bill.
A new act makes changes to the legal framework of occupational pensions for employees, self-employed individuals and self-employed company leaders.
M&A Weekly Update: public register of individuals with significant control over companies — details available; and more download
The Small Business, Enterprise and Employment Bill has now been published. The bill covers a number of company law changes.
The background to the Pensions Regulator’s Code of Practice is the new statutory objective ‘to minimise any adverse impact on the sustainable growth of the employer’.
The Supreme Court has issued a decision in a case of an employee who sought payment of a fair premium for an invention he created during his employment.
PGPA starts 30 June 2014 download
The much anticipated Public Governance, Performance and Accountability Act 2013 (PGPA Act) came into effect on 30 June 2014.
From 30 June 2014, the right to request flexible working becomes available to all employees.
Ute Krudewagen presents 10 important pitfalls to be aware of as you develop your global employment documentation.
A case is currently being considered by the Court of Justice of the European Union concerning obesity and a ruling is expected shortly.
Five myths of resignations download
There are many myths surrounding resignations. In this briefing, Gateley lays some of these myths to rest.
Three months on from the surprise Budget announcement, Nabarro’s Jennifer Bell provides a brief round-up of where we are.
The Flexible Working Regulations 2014 come into force on 30 June 2014.This extends the right to request flexible working to all employees with 26 weeks’ continuous service.
What happens when an employee dies during their employment with an outstanding holiday balance?
InContact — 14 June 2014: Small Business, Enterprise and Employment Bill 2014–15; BBA report; and more download
Addleshaw Goddard has released the June edition of InContact, which covers the latest market news and developments in the payments space.
Three key cases in one day address the future contours of arbitration clauses in California: action steps for employers download
The California Supreme Court has clarified the permissible scope of class action waivers in arbitration clauses in California.
Summer working hours in the GCC download
The annual summer time working hours restrictions will soon be implemented in the UAE, the Kingdom of Saudi Arabia and Qatar.
The Lock decision has expensive implications and it’s worth doing the groundwork now.
Supreme Court denies chronic stress WCB claim after employee reacted to disciplinary letter download
The Supreme Court of Canada has denied an employee’s claim for workers’ compensation benefits (WCB) for ‘chronic stress’.
Eversheds partner Simon Rice-Birchall has commented on Vince Cable’s announcement in relation to zero-hours contracts.
Hertsmere Borough Council’s human resources (HR) team has selected Iken Case Management to support its busy team.
Should Liverpool FC bite back? download
FIFA has confirmed that disciplinary proceedings have been opened against Luis Suarez following an apparent breach of the FIFA Disciplinary Code.
The EAT has held that secret recordings of private deliberations made in the course of grievance and disciplinary proceedings can be used as evidence in a tribunal.
DLA Piper has announced that the firm has received Gold Standard Certification from the Women in Law Empowerment Forum for the third consecutive year.
Russell Holland from No5 Chambers has appeared for the appellant in Nabili v Norfolk Community Health and Care NHS Trust UKEAT/0437/13/DM.
Company fined $25,000 for operating electrical contracting business without licence under Electricity Act after apprentice injured download
An electrical contractor has been convicted and fined for carrying on an electrical contracting business without being licensed under the Ontario Electricity Act.
A full two decades ago, The Lawyer launched its first-ever awards. They were billed as being devoted to finding excellence in the legal profession, and 20 years on, the same applies.
Shoosmiths recently teamed up with RBS and KPMG for the Thames Valley Business Leaders’ Dinner in Reading.
Since the advent of ‘say-on-pay’, the plaintiffs’ securities bar has attempted to rustle up claims relating to executive compensation matters discussed in proxy statements.
The Pensions Regulator has published a new code of practice on funding defined benefits ’to minimise any adverse impact on the sustainable growth of an employer’.
DLA Piper’s diversity initiative Leadership Alliance for Women (LAW) has been named as the Best Gender Diversity Initiative by an International Firm.
The requirements to hire temporary foreign workers have been revamped to make the hiring of foreign workers more difficult for employers.
Eversheds has published the June 2014 edition of its In Brief publication — a look at what is happening in the legal sector.
$50,000 fine after trip-over-cord accident shows employers must listen to safety committee recommendations download
A nurse’s trip over a cord has landed a hospital a CAD50,000 fine where the joint health and safety committee had previously documented cord trips as a known hazard.
DLA Piper has produced a pack of free legal guidance aimed at high-growth start-ups that have ambitions for high-growth and international expansion.
Walker Morris has announced that it will be awarding travel bursaries worth £1,000 each to three of its trainees each year.
Business start-up pack — UK download
The purpose of this start-up pack is to provide assistance and support to early stage start-ups who are looking to establish their business on a more formal basis.
Tax Newsletter: June 2014 — tax relief and rates for social security contributions in Serbia download
The Serbian Parliament adopted amendments to the Law on Personal Income Tax and the Law on Mandatory Social Security Contributions on 30 May 2014.
Partner — Thames Valley
Holiday pay still due on death download
The European Court of Justice has ruled that holiday benefits should not be lost if an employee dies before claiming them.
The Ministry of Justice’s latest statistics show that the reduction in tribunal claims since the introduction of fees in July 2013 has continued.
On 30 June this year, the right to request flexible working will be extended to all employees who have the relevant qualifying service.
The Pensions Regulator published the revised version of its new code of practice on funding defined benefits on 10 June.
Dean Fealk has been named as a trade adviser in a joint appointment by US trade representative Michael Froman and US secretary of commerce Penny Pritzker.
Managing World Cup fever download
What is a high water mark of sports events for fans can be the source of many headaches for employers, who need to be careful not to underestimate the impact of the World Cup.
Partner — Southampton
Partner — Nottingham
LK Shields Solicitors has experience in all aspects of pension schemes, regulatory and transactional issues, product development and pension disputes.
LK Shields Solicitors advises on all aspects of the employer/employee relationship.
LK Shields Solicitors has experience in complex and high-profile commercial litigation and in professional negligence defence, among other things.
Immigration Act 2014 download
The Immigration Act, which received royal assent on 14 May 2014, requires private landlords to ensure that prospective tenants are in the UK legally.
Eversheds’ Geoffrey Mead has commented on the sustained reduction in the number of employment tribunal claims lodged since the fees regime was introduced last year.
Role of the company secretary download
Directors of Irish companies are set to face new obligations regarding the company secretary when the Companies Bill 2012 is enacted.
LK Shields Solicitors has advised WHW Bakeries in its acquisition of the Irish Pride bakery business.
Fieldfisher tax and structuring head Graeme Nuttall is among a small group of lawyers to have been named in this year’s Queen’s Birthday Honours list, becoming an Officer of the Order of the British Empire (OBE).
Threat, assault on supervisor were just cause for dismissal at isolated mine in NWT with ‘zero-tolerance’ violence policy download
An employee at an isolated camp in Canada who assaulted and threatened his supervisor was dismissed for just cause, an adjudicator has decided.
This question was recently considered by the EAT in Betsi Cadwaladr University Health Board v Hughes & Ors. Mrs Hughes was a senior nurse with 31 years’ service.
Is obesity a ‘disability’? download
Does the fact that a person is obese mean they are, or could be, ‘disabled’ for the purposes of the Equality Act 2010?
World Cup fever without the headache download
While football fans will be gripped with World Cup fever over the next month, businesses could face HR headaches as a result.
Publication of two RTSs to determine the ‘identified staff’ and the types of instruments that can be used for paying bonuses download
These two regulatory technical standards (RTSs) were published in the Official Journal of the European Union on 20 May and 6 June 2014 respectively.
Good faith and employee communications — landmark ruling in IBM UK Holdings Ltd and IBM UK Ltd v Dalgleish and others download
Employers undertaking pension scheme benefit change processes need to give careful consideration to the overall impression they give and to member expectations.
Shepherd and Wedderburn has compiled a list of seven things businesses can do to ensure they are prepared for Glasgow 2014.
Our employment team is renowned for its impressive technical expertise, proactive approach and ability to deliver practical and commercial solutions.
As experienced corporate tax specialists, we appreciate the need to communicate complex issues in a straightforward, accessible way.
We bring a pragmatic and commercial approach to pensions law. We understand the wide range of complex issues our clients face.
Home working: top tips for employers download
Shoosmiths looks at some top tips for employers when considering requests from employees to work from home.
The ‘new’ flexible working regime download
There are many ways in which flexible working can be achieved, through the use of, or a combination of, many possible working arrangements.
This article sets out five key things you need to know about the case of IBM UK Holdings v Dalgleish and its implications for employers and trustees.
Currently, not a day seems to go by without reports of whistleblowing in the press, and more developments are in the pipeline.
12 June 2014 marks the kick-off of the FIFA World Cup. It will be vital that employers plan early to reduce the impact on staffing and productivity levels.
Binder Grösswang has advised Software AG on the sale of its Austrian SAP consulting business to the Scheer Group.
Binder Grösswang has advised the Scout24 group on the acquisition of Austrian real-estate portal www.immobilien.net.
The British Columbia Supreme Court’s recent decision in Pierce v Jivraj represents a warning for employers and their counsel in seeking an APO.
The BC Court of Appeal has upheld the for-cause termination of a supervisor who used text messages to obtain drugs from an employee under his supervision.
HS2 — are we on the right track? download
The HS2 project is undoubtedly important in terms of infrastructure and the wider economic benefits to the UK economy.
Pensions snapSHot — June 2014: Pensions Act 2014; limited liability partnerships and auto-enrolment; and more
This edition of snapSHot provides you with a need-to-know digest of a range of legal and regulatory developments affecting the pensions world during May 2014.
Jersey’s new discrimination law will be the focus of an expert panel discussion taking place that has been organised by Mourant Ozannes and the CIPD Jersey Group.
Audrey Williams, partner and head of discrimination at Eversheds, has commented on the European court considering for the first time where obesity sits in legal terms.
CIC has announced expanded guidelines for immigration and border service officers to follow when assessing work permit applications.
In Morris Meadows Country Holidays and Seminars v MNR, the Tax Court considered whether certain workers were employees or independent contractors.
Justin Govier, partner and employment law solicitor at IBB Solicitors, discusses settlement agreements — the key employment law issues for employers.
In this video, Jonathan Bruck, senior employment law solicitor at IBB Solicitors, discuss employment disputes and Acas regulations.
Collyer Bristow has promoted six lawyers as part of its 2014–15 review. The changes see Janine Alexander and Peter Daniel both promoted to partnership.
The recent High Court case of Warm Zones is a useful reminder for employers of the best steps to take to protect confidential information.
In Roitelman, the Tax Court considered whether a director could establish that he had been duly diligent in his attempts to prevent his company’s failure to remit source deductions.
Queen’s Speech 2014 download
There are significant proposals this year on areas such as infrastructure, pensions, zero-hours contracts, ‘modern slavery’ and recall of MPs.
The proposed legislative programme put forward in the Queen’s Speech contained some thought-provoking news for employers.
Until recently, clauses permitting termination for convenience were a rarity in standard form construction and engineering contracts.
LLP members as ‘workers’ download
The Supreme Court has concluded that members of LLPs who provide services to the LLP are ‘workers’ for the purposes of the Employment Rights Act.
Recruitment consultancies should get back to people to ensure they know what happened to their job application. Many don’t and that is simply not good enough.
The UK Supreme Court has ruled in Clyde & Co v Bates van Winkelhof that members of limited liability partnerships are workers who can benefit from whistleblower protections.
You need to prove your case: California Supreme Court confirms wage-and-hour defendants have right to argue individualised defence in class action trials download
Duran v US Bank National Association has far-reaching ramifications and the potential to dramatically shape the way employment class actions proceed in California.
With the start of the World Cup imminent, have you planned how you are going to manage employee relations during the competition?
The Pensions Regulator confirmed LLPs should all be assessing whether any of their partners are ‘workers’ and, if so, they will be subject to the automatic enrolment legislation.
The ruling in the Clyde & Co LLP case means that members of LLPs have certain quasi-employment protections and may need to be automatically enrolled into a pension scheme.
Two recent cases have rekindled the debate about when time spent at work but sleeping counts as working time for the purposes of the rules on National Minimum Wage.
The decision in Boucher v Wal-Mart represents a good monetary result for Wal-Mart but it is laced with lessons for employers to keep in mind when faced with allegations of managerial harassment.
Employers have less than one month to ensure that their workers and supervisors complete the mandatory ‘basic occupational health and safety awareness training’ by 1 July 2014.
On 5 May 2014, the president signed Federal Law No. 116-FZ on Amendments to Certain Legislative Acts of the Russian Federation regulating leased labour
The High Court held that deeds of amendment going back more than 30 years had been incorrectly executed.
Changes have been made to the statutory protection in regard to pension rights offered to transferring employees on a TUPE transfer, who were formerly members of an occupational pension scheme.
The DWP has outlined in its ‘Command Paper: Better workplace pensions: Further measures for savers’ new quality standards and charge-capping measures.
In Merlin Financial Consultants Ltd v Cooper, Mr Cooper was a financial adviser employed by Merlin.
Recently the Dying Matters Coalition has called for a national review of employment practice on bereavement leave.
With a general election on the horizon, this year’s Queen’s Speech included a number of interesting announcements — most notably plans to allow workers to contribute to collective pensions.
The Supreme Court recently gave its long-awaited decision in Clyde & Co v Barnes van Winkelhof.
Khaitan & Co has advised Elder Pharmaceuticals in relation to the sale of some of Elder’s branded domestic formulations business in India and Nepal to Torrent Pharmaceuticals.
A recent Employment Appeal Tribunal judgment — Clements v Lloyds Banking plc — highlighted the way in which age discriminatory remarks can result in protracted litigation.
The Unfair Dismissal (Variation of the Limit of Compensatory Award) Order 2013 has varied the limit on the compensatory award available in unfair dismissal claims.
The ECJ has held that where a worker is paid by way of basic salary and regular sales commission such commission must also be included in the calculation of holiday pay.
C, in his fifties, was employed by LLoyds Bank. During a discussion with C’s manager regarding performance concerns, C claimed his manager said to C: ‘You’re not 25 anymore’.
In Eastlands Homes Partnership Limited v Cunningham the EAT confirmed the correct approach to determine whether a claimant has been unfairly dismissed for gross misconduct.
Two migrant domestic workers from Nigeria brought claims of direct and indirect race discrimination in the Employment Tribunal.
Weekly Newsletter Italy: HR consultancy; competition, EU and regulatory; and financial services disputes and investigations download
Eversheds has published its weekly newsletter covering Italy for 19–25 May 2014. It looks at HR consultancy, competition, EU and regulatory, financial services disputes and more.
The Supreme Court has ruled that a fixed-salary partner who was a member of a limited liability partnership (LLP) was a ‘worker’ for employment law purposes.
This briefing discusses Capgemini India Private Ltd and another v Krishnan and others (the employees).
New immigration codes of practice download
Two new immigration statutory Codes of Practice (replacing previous versions) were released by the government on 16 May 2014.
The guide provides advice on how to support trade union members who are autistic to secure the workplace adjustments they may need.
TUPE: service provision change occurred despite significant change in the way activities carried out post-transfer download
The Employment Appeal Tribunal (EAT) considered the Employment Tribunal’s approach towards identifying whether there had been a service provision change.
NLRB will focus on injunctions in successor cases: for potential buyers, six questions about their labour obligations download
The National Labor Relations Board has indicated that it intends to focus on seeking injunctions in successor cases.
This article summarises a number of recent cases and developments employers should be aware of regarding the Fair Work Commission’s new bullying jurisdiction.
On 6 May 2014, ACAS early conciliation (EC) became mandatory for the majority of prospective claimants in employment tribunal claims.
The concept of constructive dismissal is rooted in contract law.
The Court of Appeal has unanimously held that a parent company was not liable for industrial disease suffered by an employee of a subsidiary.
Changes to flexible working requests download
While employers will not be under an obligation to accept all requests, they will be obliged to consider all requests reasonably within a three-month time frame.
The Supreme Court decision in Clyde & Co v Bates van Winkelhof has focused attention on the employment status of partners who are members of LLPs.
Managing sickness absence can be a tricky area, particularly in the case of disabled employees, who may require more time off than others.
The EAT was asked to consider whether employees could bring a claim directly against a new employer to whom their employment had transferred under TUPE.
The recent case of Briggs and others v Gleeds (Head Office) and others serves as a reminder of the potential dangers of failing to comply with the statutory rules on how parties to a deed should execute it.
Prevention of illegal working download
There are new ‘right to work’ checks required for employees and higher penalties for getting it wrong.
M&A Weekly Update: fraud, bribery and money laundering sentencing guidelines; limited liability partners as workers; and more download
Macfarlanes has released its M&A Weekly Update for the period 23–28 May 2014.
The issue of age discrimination and employee insurance is something employment tribunals may well need to focus on as the number of older workers continues to rise.
Behind the headlines and the hype, is ‘age and gender’ a live issue, and if it is, what can employers do to address it?
Lock v British Gas is likely to affect the majority of those employed in UK businesses where commission arrangements are commonplace for rewarding staff.
Delhi High Court upholds Centrica ruling: employee secondment may trigger permanent establishment download
Multinationals with operations in India should take note of the Delhi High Court’s recently decision in Centrica India Offshore Pvt.
Customs compliance download
Companies may face new and increasing customs risks, often involving the failure to comply with customs law.
An employer’s assertion that ‘everyone just knew’ the safety rules was not a defence to charges under the OHSA, an Ontario court has held.
LLP members are ‘workers’ download
The Supreme Court has confirmed that Ms Bates van Winkelhof, a former member of Clyde & Co, is a ‘worker’ for the purposes of the Employment Rights Act.
Walker Morris has been appointed to the Legal Service Panel for the Centre for Process Innovation (CPI) following a successful tender.
Chief operating officer
The words ‘diversity’ and ‘CSR’ appear on the majority of law firm websites. But what do firms actually mean by these terms and how important are they?
It has been on the horizon for some time now — a complete overhaul of parental leave as we know it is now less than 11 months away.
Pensions Act 2014: more change ahead download
The Pensions Act 2014 received royal assent on 14 May 2014, introducing important changes to the regulations for pensions.
Holiday pay to include commission download
The long-awaited decision of the CJEU in British Gas v Lock confirms that commission must be included when calculating holiday pay.
Yes, was the view of the European Court of Justice in Lock v British Gas Trading Ltd last week.
Jo Keddie, head of employment law at Winckworth Sherwood, has been quoted by Bloomberg in relation to Lock v British Gas Trading.
Eversheds has announced the appointment of HR specialist Moira Slape, who joins the firm as HR director.
Employees of Ontario’s Office of the Worker Advisor and Officer of the Employer Advisor who provide legal services relating to the OHSA must be licensed paralegals.
Pillsbury has announced that for 2014, Chambers USA has ranked 86 individual Pillsbury lawyers, with 12 partners recognised in two or more categories for a total of 98 individual lawyer rankings.
This video from Allen & Overy looks at the way that a carefully planned and executed people management strategy can be critical to the success of a merger.
BDK has formed an emergency rapid response team following the devastating floods that hit Serbia and Bosnia and Herzegovina.
Jersey employment professionals had the opportunity to discuss honesty and integrity in the context of the workplace at a recent Carey Olsen conference.
Your partners are not your employees: Supreme Court of Canada clarifies the application of the control/dependency test download
An equity partner in a law firm alleged that the firm’s requirement that equity partners retire from the partnership and divest their equity at age 65 was age discrimination.
Consolidation in the legal industry continues apace with law firms using mergers and acquisitions to drive greater efficiencies.
In a case concerning whistleblowing, the Supreme Court has ruled that a member of an LLP can be a worker for the purposes of the Employment Rights Act 1996.
The European Court of Justice, in Lock v British Gas Trading Ltd, has ruled that contractual commission payments do fall within normal pay.
Pensions Act 2014: a quick round-up download
The Pensions Act 2014 received royal assent this month. It includes some major changes to the state retirement pension.
The three-pronged attack on pensions liberation schemes continues.
Earning commission while on holiday download
If a worker is paid commission calculated on the basis of the sales that they make, that commission must also be included in the calculation of holiday pay.
John Hayes summarises the changes made and provides advice on the best approach to accommodate those changes.
The EAT has found that while age discriminatory comments had been made to a former employee, these had not formed a material part of the employee’s constructive dismissal.
The ECJ has handed down judgment in a case that could mean that employers face huge liabilities for claims for holiday pay.
Changes to both TUPE and employment tribunal procedures have recently come into force.
Collyer Bristow trainee Robert Andrews and Alex Just, a pupil barrister at Old Square Chambers, engaged in a ‘life swap’ in March, which was featured in The Times.
Avon and Somerset Police’s legal team has selected specialist case management software from Iken to replace their existing legacy system.
Foresight is an easy-to-use legal calendar that outlines major cases, government policy and forthcoming legislation right through to 2017.
More than 88 per cent of those who took part in a recent poll agreed with the principle of tribunal fees.
DLA Piper has advised shareholders on the equity investment by Equistone to establish a new company, Performance Interactive Alliance for Digital Marketing.
An employee who lied to and misled her employer about her ability to perform her work as a reporter was fired for just cause, and arbitrator has held.
The Supreme Court has allowed the appeal in Clyde & Co v Bates van Winkelhof, ruling that LLP members can be workers for the purposes of whistleblowing legislation.
No5 Chambers has hosted a double celebration to mark Rhona Campbell’s appointment as a tribunal judge and the elevation of John Butterfield to queen’s counsel.
Technology industry leaders are most bullish on revenue growth in the US, China and the UK, according to the results of the annual Technology Business Outlook survey.
Opinion on the use of zero-hours contracts is mixed, but they are prevalent in the higher and further education sectors.
Many Tier 2 sponsors have reported to us that their sponsored migrants have approached them with questions about supplementary work.
Education Update — May 2014: should sessional teachers or tutors be employed or self-employed? download
Recent discussions with clients make it clear that the industry practice for tutors varies, and that some clients employ tutors while others wish to keep them as self-employed.
Immigration Update — May 2014: the Immigration Act 2014 — what it means for employers and migrant workers download
Under the Act, the number of immigration decisions which can be appealed has fallen from 17 to four.
Immigration Update — May 2014: sponsored migrants working at client sites — getting it right download
It is increasingly common, particularly in the IT sector, for businesses to send their Tier 2 sponsored migrants to work, on a temporary basis, at client sites.
Of the many changes to the Immigration Rules on 6 April 2014, the Tier 1 (General) sub-category was greatly affected.
Immigration Update — May 2014: new right-to-work checks — easier to get it right, but more serious if you get it wrong download
On 16 May 2014, new rules on the prevention of illegal working came into force that affect three areas.
Cases involving workplace banter continue to be fertile ground for embarrassing employment tribunal cases and negative headlines.
In this paper, KPMG presents research into reporting of social investment by 100 of the world’s largest companies and their associated foundations.
Managing conflicting beliefs, in particular religious beliefs, is an increasingly tricky area for employers.
Zero-hours contracts on the rise? download
What are the pros and cons of zero-hour contracts and what does the future hold for them?
The Ontario Ministry of Labour has announced that new JHSC Certification Training Standards will come into effect in early 2015.
Covert recordings of disciplinary and grievance hearings were admissible into evidence at a tribunal hearing.
Addleshaw Goddard’s former employment head, client relationship manager and the mastermind of the transaction services offering, Andrew Chamberlain, is to join DWF as employment head.
The Supreme Court has ruled that LLP members are protected by whistle-blowing legislation paving the way for the first whistle-blowing case against a law firm.
Barristers Daniel Barnett and Keira Gore of Outer Temple Chambers, together with Henry Scrope, have updated the Employment Law Handbook (Law Society Publishing).
The House of Representatives in Italy has passed a new decree that will reform some of the regulations currently governing the Italian labour market.
Three recent cases have revealed the cost consequences for pension schemes following failed and flawed attempts to change member benefits.
When a buyer wants to acquire an existing business, it has two options. The commercial effect of these is similar but legally the two transactions are quite distinct.
The government has introduced an order changing the requirements for checking the right to work of current and prospective employees.
Paul Mander argues that smokers already get a pretty bad press and that banning e-cigarettes in the workplace is just overly interfering.
Eugene Wojciechowski argues that employers should not be encouraging employees to become addicted to e-cigarettes.
This article explores some key issues that employers participating in public service pension schemes should be aware of.
New Health and Work Service download
The Health and Work Service is being introduced by the government in accordance with recommendations made by Dame Carol Black.
DLA Piper has announced the addition of Julia Gorham as head of the Asia employment practice. She joins as a partner from JP Morgan.
ESDC minister Kenny announces moratorium on the food services sector’s access to the Temporary Foreign Worker Program download
Employment and Social Development Canada (ESDC) will not process any new or pending LMO applications related to the food services sector.
The Fair Work Commission has handed down its first substantive decision under the new anti-bullying laws.
DLA Piper has appointed former JP Morgan in-house counsel Julia Gorham as its new employment head in Asia.
In the UK, elections are held on working weekdays and no legislation exists to allow employees to take time off work to vote.
Employment update: paid parental leave — government confirms commitment to PPL changes from 1 July 2015 download
On 13 May 2014 the federal government confirmed its election promise made in May 2013 to introduce a new paid parental leave (PPL) scheme from 1 July 2015.
Employment lawyers are shifting their focus to non-contentious areas as the coalition promotes conciliation
In Thompson v Renwick Group plc, Mr Thompson was exposed to asbestos while working for his employer, a transport haulage company, during the mid-1970s.
The EAT has heard the second appeal in Seldon v Clarkson Wright & Jakes. The case focuses on the issue of justifying a compulsory retirement age.
This briefing looks at current data privacy laws and best practice in the UK in relation to data security.
The Manitoba government has proposed substantial increases to fines under the Manitoba Workers Compensation Act.
Adjudicator’s award was shaming of union officials for ‘ongoing campaign’, harassment of member download
A union member has won a legal battle against local union officials after they engaged in a ‘campaign’ against him that attacked his credibility.
Zero-hours contracts breed mistrust download
Many workers on zero-hours contracts experience a deep sense of unfairness and mistrust that go beyond the use of exclusivity clauses.
It has never been more important for employers to ensure that frontline managers are adequately trained to respond appropriately to workplace bullying complaints.
There are groups who appear to consider the compensation principle is being exploited, to the extent that Britain has a ‘compensation culture’.
Walker Morris has launched the latest in its series of ‘little green books’. The latest edition is a comprehensive guide to employee share schemes.
Former Clarkson Wright & Jakes partner Leslie Seldon has pursued a seven-year legal battle against his former firm, which included a trip to the Supreme Court. Yesterday, the Employment Appeal Tribunal signalled the end of the road for the case. Katy Dowell reports
Pensions Regulator publishes details of first enforcement action for auto-enrolment non-compliance download
The Pensions Regulator has published its first section 89 report relating to breaches of the automatic enrolment legislation.
Employers should be mindful of the potential pitfalls in relying too heavily on probationary periods.
It is worth knowing that employers can benefit from getting employees to affirm existing restrictive covenants when they leave employment.
Hotels and leisure update — April 2014: top 10 employment law issues affecting the hospitality sector in 2014 download
What does 2014 hold for the HR hospitality industry? Julian Yew summarises the key legal developments for hoteliers, restaurateurs and food service caterers.
The DHS has announced a proposed rule to attract high-skilled foreign workers by allowing spouses of certain H-1B holders to also be eligible to work in the US.
The Scottish Affairs Committee has recommended changes to zero-hours contracts but has also stated that in most cases they should not be used at all.
Can detriment or dismissal stemming from events closely connected to a protected disclosure be distinguished from the disclosure itself to avoid liability in whistleblowing claims?
The Federal Circuit Court has found that a portrait photography business constructively dismissed an employee, Ms Sagona, for reasons including her pregnancy.
According to recent research, a growing number of the UK workforce is now aged 65 and over; the figure is twice as many as in 1992.
On 10 March 2014, some rehabilitation periods for convictions were reduced.
HMRC has revealed some of the more unusual reasons given by employers for not paying the legal wage.
The government’s quarterly employment tribunal statistics for October to December 2013 show a drop in claims of 79 per cent compared with the same period last year.
ACAS early conciliation is the scheme under which prospective claimants must contact ACAS before they can bring an employment tribunal claim.
The decision in RMT v United Kingdom is clearly welcome news for employers with unionised workforces.
Professional engineer with ‘significant safety background’ who sent ‘abhorrent e-mails’ loses safety retaliation case download
A professional engineer who engaged in an ‘aggressive’ argument with an established member of management has lost his safety retaliation case at the OLRB.
The new scheme will apply to parents of children expected to be born or placed for adoption on or after 5 April 2015 and is expected to come into force on 1 October 2014.
The government is considering issuing a code of practice on whistleblowing that would have to be taken into account by courts and tribunals in relevant claims.
An employer seeking to rely on a post-termination restriction should make its meaning very clear.
Khaitan & Co advises on all employment-related agreements, engagement of consultants, statutory compliances, labour disputes and more.
The Federal Court of Appeal has confirmed that the ground of discrimination due to family status under the Canadian Human Rights Act includes parental obligations which engage a parent’s legal responsibility for a child, such as childcare obligations.
Almost all prospective claimants will now have to contact ACAS to give them their name and address before they are able to bring a complaint to an employment tribunal.
Walker Morris has been appointed by NHS Shared Business Services following a successful tender to help deliver quality legal services and savings to the NHS.
For the tax year from 6 April 2014, the standard lifetime allowance has reduced from £1.5m to £1.25m.
The regulator and FCA issue a guide on how workplace DC pensions are regulated to protect consumers download
One of the areas highlighted last year by the Regulator was the regulation of workplace DC pension schemes.
Regulator issues tools for assessment of an annual governance statement in relation to occupational DC pension schemes download
Last year, the Pensions Regulator formally launched a governance framework for occupational DC pension schemes.
Pensions liberation cases download
Pensions liberation is usually facilitated by an individual transferring their benefits to a pensions liberation vehicle.
EAT confirms that restricting occupational pension scheme benefits for civil partners is not contrary to European legislation download
A case was brought by a civil partner against his pension scheme on the basis it was not providing benefits in respect of his civil partner on an equal footing to those in an opposite-sex marriage.
High Court upholds the PPF Ombudsman’s decision on the disregard of a contingent asset guarantee for PPF risk-based levy purposes download
Pension schemes that potentially qualify for assistance under the Pension Protection Fund (PPF) are required to pay a levy that includes a risk-based levy.
Three recent significant pension decisions highlight some key issues where pension schemes changes are being made download
The much awaited decision in the IBM casewas delivered in the High Court shortly before Easter. Two more cases followed shortly after.
There are certain pension arrangements that are not set up with the same tax status as registered pension schemes, and so contributions to them do not attract tax relief.
Confirmation that money purchase pension arrangement can be VAT exempt may put further pressure on the UK government download
On 13 March 2014, the CJEU confirmed its decision in the case of ATP Pension Services A/S v Skatteministeriet.
The DWP has consulted on a range of proposed exemptions from an employer’s obligation to auto-enrol certain employees.
New regulations mean more auto-enrolment flexibility for average-salary pension schemes and hybrid pension schemes download
New regulations give more flexibility in the way in which a revaluation can be provided for an average-salary pension scheme to be a qualifying pension scheme.
Stephenson Harwood has advised Baker Tilly on the sale of its private client financial management business to Towry, a wealth advice firm.
Allen & Overy has been named Netherlands Law Firm of the Year by Chambers. It was also ranked in the highest category for 13 practice areas.
This article explains how to handle issues of trade and business secret protection from an employment law perspective in Germany.
Restrictive covenants are one form of protection employers can use to protect access to client and suppliers and solicitation of other employees post employment.
The third annual progress report shows clear and positive signs of the increased representation of women on the boards of FTSE 350 companies.
Going to work for the competition download
Where a former employee takes his or her former employer’s information, data or materials to a competitor, the former employer will normally have a range of options open to it.
Introduction of a new insolvency risk measure for employers by the PPF may affect the levy payable by pension schemes download
The introduction of a new insolvency risk measure for employers by the Pension Protection Fund (PPF) may affect the levy payable by pension schemes
An English judgment from July 2013 demonstrates that English courts can make it possible for the company to take back control of LinkedIn accounts.
With the rise of smart devices, the powerful combination of computing technology and internet connectivity has moved from our offices and homes to our bags and pockets.
Privacy in the workplace: avoid damaging employee data breaches by managing five high-risk areas download
The new privacy regime is in full swing, with the pressure on organisations to demonstrate substantial compliance with the new laws.
Deadline for providing ELI increases from 14 to 28 days for TUPE transfers taking place on or after 1 May 2014 download
The increase to the deadline for providing employee liability information (ELI) from 14 days to 28 days had a delayed implementation date.
Several legal measures have recently entered into force, or will do so in the following few weeks.
Chambers & Partners has published the latest Chambers Europe 2014 guide. Wierzbowski Eversheds has been recommended in numerous fields of law.
When defending any claim, the key question that you will be asked from the business line is what is the financial exposure?
Can an ET insist expert medical evidence is provided about an alleged disability and the employer should bear the cost of obtaining it? download
The EAT has overturned an tribunal’s decision that a claimant’s disability status could not be resolved without expert medical evidence being obtained.
ECJ confirms that commissioning mothers under surrogacy arrangements are not entitled to maternity leave download
The ECJ has held that a woman who becomes a mother by way of a surrogacy arrangement does not have the right to maternity leave under the Pregnant Workers Directive.
The Employment Appeal Tribunal (EAT) has offered guidance on how employment tribunals should approach whistleblowing claims.
ACAS has published a brief guidance booklet entitled Early Conciliation Explained, which provides a basic introduction to the new system.
The ability to work remotely has had a fundamental impact on work-life balance.
Kiersten Lucas, senior employment associate at Stephenson Harwood, has commented on the new TUPE changes.
ESDC minister Jason Kenny announces moratorium on Food Services Sector’s access to the Temporary Foreign Worker Program download
Minister Jason Kenny has announced an immediate moratorium on the Food Services Sector’s access to the Temporary Foreign Worker Program.
Verification of all employees’ eligibility for employment in the US is required, but can result in penalties if a company re-verifies unnecessarily.
The National Council for Voluntary Organisations (NCVO) has urged charities to publish full details of senior executives’ pay in order to maintain public trust.
The office of the privacy commissioner of Canada has announced a major breach within its own office with the loss of an unencrypted hard drive containing sensitive personal information.
Employers in Ontario have two months to ensure that their workers and supervisors complete ‘basic occupational health and safety awareness training’.
According to government statistics, the number of employment tribunal claims has dropped by up to 80 per cent since the introduction of tribunal fees.
New law firm Wragge Lawrence Graham & Co was launched on 1 May.
Significant drop in tribunal claims download
Since fees were introduced for claims received on or after 29 July 2013, there has been a drop of 79 per cent in the number of claims compared with the same period in 2012.
The EAT has confirmed that dismissal arising out of absences for post-natal depression after maternity leave had come to an end did not constitute discrimination.
The EAT considered whether a worker was prevented from bringing a sexual discrimination and harassment claim against her employer because she was working illegally.
Causation in whistleblowing download
The EAT has determined whether the person who subjected the claimant to a detriment has to have knowledge of the protected act for a whistleblowing claim to succeed.
Shoosmiths has announced four new partners in the firm’s May promotions. All promotions take effect from 1 May.
DLA Piper has announced that 45 lawyers have been promoted to the partnership. The promotions were made across various practice areas throughout 12 countries.
Allen & Overy has promoted 26 lawyers to counsel and PSL counsel.
In a whistleblowing case, is it possible to distinguish between protected disclosures and the manner in which the whistleblower pursues his complaint? The EAT says yes.
Eversheds has announced the promotion of 21 lawyers from around its international operations to the firm’s partnership.
Hogan Lovells and My Family Care are hosting a roundtable session on 8 May 2014 to take a look at the implications of the shared parental leave regulations.
According to the ONS, most of the contracts it identified were zero-hours, under which people are not guaranteed work from one week to the next.
In two cases, the ECJ considered that commissioning mothers who receive a child via surrogacy were not entitled to maternity leave under the Pregnant Workers Directive.
In Peacock Stores v Peregrine, the Employment Appeal Tribunal found that three employees were contractually entitled to enhanced redundancy payments.
In Crime Reduction Initiatives v Lawrence [UKEAT/0319/13], Ms Lawrence went on sick leave with depression in April 2011.
Covert recordings by an employee of her hearing and the private deliberations of the panels were admissible as evidence in her claim for sexual harassment.
Employers can no longer reclaim statutory sick pay (SSP) from HMRC where the total SSP paid in that month exceeded 13 per cent of their Class 1 NICs for that month.
The recent decision of the High Court in Gleeds is an example of the consequences of the failure to follow the correct formalities for the execution deeds.
RISE Sheffield is a city-wide initiative designed to increase graduate employment in the private sector.
There remains some reticence when it comes to salaries, according to Totem’s Law Firm Salary and Benefits Survey 2014 — Business Services Roles.
The right to request flexible working is being extended to all employees with 26 weeks’ service.
No place for the bully download
When it comes to workplace bullying, the adage ‘what doesn’t kill you makes you stronger’ is far from true.
Networking your way to success download
Totum takes a look at how networking events can provide a good route to a new role.
Call them what you will, the social group that grew up with the internet is now firmly entrenched in the workplace.
The leap to legal download
If you’re a management professional, making the transition to the legal sector may not be something you’ve considered.
Totum argues that businesses should take more risks on hires from outside the sector if they want the best and most innovative talent mix in their firms.
The thorny issue of references download
News recently that a barrister had faked his qualifications on his CV serves as a stark reminder of the importance of due diligence when it comes to new hires.
Early conciliation has been available to claimants since 6 April 2014 but will be mandatory in respect of claims presented on or after 6 May 2014.
The FIDIC Conditions require the contractor to give notice of a claim for extension of time not later than 28 days after the contractor became aware of the event or circumstances giving rise to the claim.
The Pensions Regulator has issued its first report naming (and gently shaming) an employer that failed to comply with its automatic enrolment obligations.
An Ontario construction worker has been fined CAD1,500 (£811) after jumping from a hoist tower to a nearby roof.
This briefing explores the implications of ending a contract early.
Following the deportation by the Sri Lankan authorities of a British tourist because she had a Buddha tattoo on her arm, Shoosmiths looks at the issue of tattoos in the workplace.
It can be difficult for shareholders of private established companies to sell shares without the company being quoted on an exchange.
Allen & Overy has advised Vivendi on the sale of SFR. Vivendi’s supervisory board decided to enter into exclusive negotiations with Altice for a period of three weeks.
Falling between two stools — employees could not bring claims against transferee over failure to provide TUPE information download
Allen v Morrisons Facilities Services Ltd involved the transfer of several hundred employees as part of a large-scale change of service providers of the council’s housing maintenance services.
On 1 May 2014, Dentons is set to host a complimentary seminar/webinar focusing on updates in employment and labour law updates.
This year, ‘the struggle for rights and better social conditions’ may be taking a new turn for the Italian workforce.
The claimant in Panayiotou v Kernagahn was subjected to a series of detriments and was ultimately dismissed by his employer for having an incompatible business interest.
Irwin Mitchell has announced the promotion of 10 lawyers to partner, a slight drop on last year’s record promotions round of 14.
The Canadian government has placed a moratorium on issuing labour market opinions for jobs in the food service industry.
For claimants lodging claims on or after 6 May 2014, it will be compulsory to follow the early conciliation process prior to submitting a claim.
The UK’s ban on secondary industrial action has been held to be lawful despite its interference with the European Convention on Human Rights Article 11.
The question of where a non-delegable duty of care occurs has been addressed in the recent case of Woodland v Essex County Council.
The EAT decision in Crime Reduction Initiative v Lawrence is a reminder that when considering justification tribunals should discount any purely procedural errors.
Pensions speedbrief — scheme closures and benefit changes: High Court sheds light on some dos and don’ts download
This speedbrief looks at IBM UK v Dalgleish and its practical implications for employers and trustees who are considering DB benefit change exercises.
The High Court has found that an employer had breached its implied duty of good faith in the way it went about closing its DB schemes to the future accrual of benefits.
Law firm Leigh Day has announced that it is taking legal action against a major supermarket chain on behalf of more than 400 workers.
A series of recent cases may oblige TMT employers to include average overtime, commission/bonuses and allowances when calculating holiday pay.
You’ve decided to amend a construction contract by striking through the relevant article in the agreement. But a recent judgment suggests that might not be good enough.
Walker Morris’s legislation tracker sets out the changes in order and highlights the headline points together with the proposed or confirmed implementation dates.
It was not ‘harassment’ for a manager to mention the College of Nurses of Ontario and remind nurses of their professional obligations, an arbitrator has held.
As the economy improves, increased competitor activity and team or individual moves are inevitable.
On 6 April 2011, the default retirement age of 65 at which employers could lawfully require their employees to retire was abolished in the UK.
The Federation Council has approved a law requiring foreign citizens to take examinations in Russian history in order to obtain work and residency permits.
Not quite an eye for an eye — judge rules that employee’s ‘kick in the butt’ excuses co-worker’s punch in the mouth download
Does a ‘kick in the butt’ excuse a punch in the mouth? That was the question facing the Court in the recent case of Li v Furguson.
The private equity team at Shoosmiths has advised funds managed by Palatine Private Equity on the management buyout of Gusto Restaurants and Bars.
Hogan Lovells has been shortlisted for 11 Euromoney Legal Media Group Americas Women in Business Law awards.
One less-well-known AWR requirement is to provide information on agency workers as part of a reorganisation.
On 4 April, Birmingham Citizens Advice Bureau held a fundraising Golf Day at North Worcestershire Golf Club, which was sponsored by No5 Chambers.
Mugni Islam-Choudhury considers the new rules on pre-claim conciliation which become compulsory from 6 May 2014.
Born fee? Tribunal fees download
Tim Sheppard of No5 Chambers reviews the recent challenge to tribunal fees.
The recent IBM judgment provides a reminder to employers to stick to their core values or face potential claims that they have breached the implied duty of trust and confidence.
Ian Bridge of No5 Chambers, instructed by Shakespeares, has defended a major supplier of sand and aggregates based in the south east.
Over the last year, a series of cases has given useful guidance on the permissible length of covenants seeking to restrict an ex-employee’s client dealings.
In Legalease’s latest Legal 500 EMEA directory, Wierzbowski Eversheds has earned a number of recommendations.
Immigration law for employers download
Nabila Mallick summarises the key points of immigration law for employers.
On 2 April 2014, at the annual conference of the Beixinqiao Labor Union of the Dongcheng District, Dacheng’s Beijing office was awarded ‘Home of Staff for 2013’.
Court hearings in the UK are generally conducted on an adversarial basis where each litigant presents his or her own case and attacks the other side’s case.
Russell Bailey considers the circumstances in which a procedural error may lead to a finding of unfair dismissal.
OTC silks have appeared for the trustee of IBM’s two principal UK defined-benefit pension schemes and the representative beneficiaries in a landmark case.
Naomi Owen considers the pros and cons of applying for a postponement when criminal proceedings are p
Russell Holland examines the Employment Appeal Tribunal’s ruling in Punjab National Bank v Gosain.
Yale Law Women has selected Hogan Lovells as a top 10 family-friendly firm in its annual policy survey, Top 10 Family Friendly Firms Initiative.
DLA Piper has advised client TowerJazz Japan on the completion of a joint venture with Panasonic Corporation.
Eversheds has announced the appointment of employment partner Michael Burns, who joins the firm from DLA Piper.
Hogan Lovells has advised the Department for Transport on the financing of the £2.7bn East Coast phase of the UK’s Intercity Express (IEP) programme.
The announcement in the Budget allowing members full freedom over their DC pension pots will have consequences for the pensions industry as a whole and for the wider economy.
With the demand for many industries to cater for cross-border markets, more and more UK employers are requiring their workforce to be mobile nationally and also across Europe.
The amendment has not yet been extended by ministerial decree to all companies falling within the scope of the Syntec agreement.
Hogan Lovells has been shortlisted for 11 Euromoney Legal Media Group Americas Women in Business Law Awards.
DLA Piper has published its first public ‘Communication on Progress’, which outlines the actions it has taken over the past year to integrate 10 principles into the business.
The new Workplace Gender Equality Act 2014 (Cth) is intended to more accurately reflect and promote the issues of men and women in the workplace.
With the new financial year upon us, employers should take note of employment law changes that may affect future workforce costs and liabilities.
Deadlines coming for multinationals’ retirement plans and US taxpayers with foreign financial interests download
In 2010, the US enacted a sweeping change in enforcement of its tax laws on foreign financial interests, the Foreign Account Tax Compliance Act.
President Obama has issued an executive order and a presidential memorandum aimed at ‘closing the persistent pay gap for women and minorities’.
The new ‘salaried member’ rules, which will treat members of an LLP as employees for tax purposes in certain circumstances, came into force on 6 April 2014.
As more companies look to expand their business into new markets, one of the issues they are very likely to face is bribery and corruption risk.
Careful drafting is usually required for restrictive covenants to be enforceable, although Prophet plc v Huggett provides the exception to the rule.
Two high-profile cases have provided further guidance for parties who wish to rely on or challenge contractual ‘liquidated damages’ clauses.
April showers changes on employers download
The 6 April is a day for change for employers because it is one of the government’s two annual ‘common commencement dates’.
Wragge & Co’s projects team has advised facilities management provider Lovell on a new £32.8m facilities management contract.
Mesothelioma Bill hasn’t done enough download
Much has been written and said about the rights and wrongs of the new Mesothelioma Bill, passed by the government earlier this year.
Shoosmiths has advised the sellers on the £40m sale of digital marketing agency Realise to St Ives.
The range and depth of capabilities of Minter Ellison’s team across Australia has been recognised by the 2014–15 list of Best Lawyers.
Law à la Mode — April 2014: fashion flair transforms wearable technologies; delivering IT services in the retail sector; and more download
DLA Piper has released the April 2014 issue of its Law à la Mode publication.
Employment News — 14 April 2014: the final straw — employer entitled to take strict view in light of previous warnings download
Before his dismissal, the claimant in Disotto Food Ltd v Carlos Santos for misconduct he had been given three warnings about his conduct.
In 2008, the regime for preventing illegal working in the UK was changed by the introduction of civil penalties under the Immigration, Asylum and Nationality Act 2006.
Employment News — 14 April 2014: parental control: employees were TUPE transferred after share purchase by subsidiary download
Jackson Lloyd employed 400 people working at various sites on social-housing maintenance. When JL got into financial difficulties, its shares were bought by a subsidiary of Mears Group.
Travel expenses and agency workers download
Employment agency Reed has lost its appeal against a tax assessment for £158m in respect of its expenses scheme for ‘employed temps’.
Ontario has announced several blitzes during which it will ensure that employers are compliant with particular areas of concern under ESA.
For employers wondering whether their policies are in compliance, we have prepared this brief outline of the law’s key requirements.
From next year, you could face tax penalties under the rules of the ACA if you fail to offer healthcare coverage to your full-time employees and their dependents.
Good faith: an employer’s duty download
The IBM case is an important step in establishing the extent of the obligations employers owe their employees and former employees in relation to pension provision.
Weekly Newsletter Italy: 31 March to 6 April 2014 — Jobs Act; more controls of project workers; and more download
Eversheds has released its Italy newsletter, which contains information on HR consultancy, litigation and dispute management and financial services and markets regulation.
For many businesses around the world, franchising is the most efficient, profitable path to growth. Whether you are a start-up company or a mature establishment, Dentons understands the franchise industry and its diverse legal needs.
Dentons’ global employment and labour group includes more than 200 lawyers, spread across our offices, who regularly represent management in connection with employment and benefits-related litigation, corporate and governmental investigations, executive compensation and counselling projects.
The EAT has confirmed the wide discretion employment tribunals have to determine whether an activity was fundamentally the same after a TUPE transfer as it was before.
Was a consistent practice of paying enhanced redundancy payments capable of being implied into individual contracts of employment?
Upcoming changes to employment law download
In recent weeks, the government has announced a number of key changes to employment law that will be coming into force in the next few months.
In July 2013, the government introduced a new regime of ‘protected conversations’, preventing certain discussions from being admissible in tribunal proceedings.
Stefan Kuehteubl will join Schoenherr as a partner and the head of the firm’s employment practice as of July 2014.
NCTM has been reorganising the leadership positions for its departments, resulting in new co-ordinators for its 12 departments, with Vittorio Noseda as the overall leader.
Eversheds parter Simon Rice-Birchall has commented in anticipation of the government’s findings from its call for evidence regarding current whistleblowing laws.
Penningtons Manches aims to provide pensions advice across a range of issues in a straightforward and easily understandable manner.
The Penningtons Manches immigration team is widely regarded as a collaborative, friendly team that delivers innovative solutions and guidance to its clients.
Approachable and commercially aware, our specialists have in-depth experience of the issues faced by businesses when managing their staff.
Our corporate tax team provides full transactional support and standalone tax advice to a wide variety of business clients, based both in the UK and overseas.
We provide clear, pragmatic and practical advice to businesses large and small from around the globe on the corporate transactions and the legal issues they face.
The EAT has now listed the cases of Bear Scotland Ltd v Fulton and Neal v Freightliner Ltd to be heard on 30 and 31 July 2014.
This is an introduction to the dissertation of Marnix Holtzer. His dissertation appeared in February 2014 and was published by Kluwer.
Muddy employee incentive issues in a disappointing exit: nine practical tips for public company acquirers download
In mediocre pay-outs, transaction proceeds are unlikely to give a substantial return to common stockholders, yet may be sufficient to return the initial investment to preferred stockholders.
Eversheds has announced new senior office partner roles for the firm’s London, Newcastle, Nottingham and Cardiff offices. The changes will take effect as of 1 May 2014.
Montenegro has recently obtained a new general collective agreement (GCA), after almost 18 months of a hiatus. The GCA came into force on 30 March 2014.
Allowing independent providers into the NHS Pension Scheme — tackling recruitment issues and facilitating the movement of staff download
From 1 April 2014, an independent provider who meets the relevant eligibility criteria will be able to apply to become an employing authority in the NHS Pension Scheme.
DC deliberations on the Budget download
The implications for pensions are likely to be significant, with consequences for DC schemes and, indirectly, for DB schemes.
6 April 2014 saw a wide range of new employment law changes that have a big impact on both employers and employees.
‘Keep your income and expenses in the same currency’ — everyone knows this golden rule, even if they are not always able to stick to it.
Mills & Reeve has released the April 2014 edition of its Health Legal Update, which includes information on NHS commercial, employment and patient matters.
In IRS Notice 2014-19 and accompanying FAQs, the IRS issued long-awaited guidance addressing the treatment of same-sex spouses under qualified retirement plans.
Penningtons Manches’ multi-disciplinary team advises on the full spectrum of restructuring, insolvency, bankruptcy and recovery.
Partner — Guernsey
Partner — Guernsey
Pensions. Retirement plans. Employee benefits and executive compensation. If you’re searching for a firm with a deep knowledge and understanding of these areas, look no further. Dentons’ lawyers are leaders in their fields.
A recent Ontario Labour Relations Board decision illustrates the importance of timely filing of appeals of Ministry of Labour inspectors’ orders.
Here is a summary of the discussion points following a seminar on managing the end of an employment relationship and using post-termination restrictive covenants.
This month’s Pensions Matter provides an overview of key pension cases and their practical implications.
This issue of Employment News focuses on the latest batch of employment reforms, including ACAS early claim conciliation and statutory discrimination questionnaires.
Employment News — 7 April 2014: High Court to the rescue. Restrictive covenant is re-written to make it work download
The applicant employer in Prophet plc v Huggett sold specialist computer software for use in the fresh-produce industry.
DLA Piper has appointed Brett Feltham as a partner in the firm’s employment group. He commences in the firm’s Sydney office on 7 April 2014.
HMRC is introducing new registration and self-certification requirements for both new and existing share plans effective from 6 April 2014.
With the nuclear reactor development at Hinkley Point in Somerset forecast to cost around £20bn, there’s a superb opportunity for growth in the UK manufacturing sector.
According to a KPMG survey, 91 per cent of leading business students expect to work in at least three to four countries during their careers.
Partner — Jersey
HMRC has published its first in a series of Countdown Bulletins to assist employees, trustees and their advisers.
Selecting someone for redundancy still needs to be clearly shown to be an objective and fair process.
The Italian court has ruled that apprenticeship contracts will be considered independent from the Fornero Labour Reform regulations governing Italian employment relationships.
Geoffrey Mead, partner at Eversheds, has commented on the raft of changes ahead for the UK tribunal system.
Eversheds has won the Inclusive Culture Award at the Opportunity Now Excellence in Practice Awards 2014.
Addleshaw Goddard has advised investment management services provider Rathbone Brothers on three transactions.
Addleshaw Goddard has been named in The Times’ Top 50 Employers for Women 2014, which lists the organisations that are leading on workplace gender equality.
Hogan Lovells has provided legal support in the creation of Youth Business Spain (YBS).
Heisse Kursawe Eversheds, the German global arm of Eversheds, has announced the opening of a third German office in Berlin.
This briefing provides an explanation of how the new flexible working regime will work, along with some advice for employers on how to minimise the risks of litigation.
Employment Matters Update — April 2014: abolition of discrimination questionnaires; mandatory ACAS conciliation; and more download
Discrimination questionnaires are being abolished. But don’t celebrate too soon…
The partners in Allen & Overy’s global employment and benefits practice have elected Hans-Peter Löw as their head.
Eversheds has commented on the Opportunity Now Project 28-40 Report, saying that agility is the key to retaining women in business.
On 6 April, a long-standing feature of the law prohibiting discrimination at work will change, when discrimination questionnaires are ‘abolished’.
Changes to statutory payments download
The government has decided that the annual uprating of a week’s pay and the maximum compensatory award for unfair dismissal should be moved to April.
At IBB Solicitors, our specialist team will help you to resolve your disputes quickly and easily — often without the need for court intervention.
At IBB Solicitors, we take a proactive approach to workplace problems, helping employers find the best possible outcome for their employment issues.
We work with our clients to help them solve problems and ensure they comply with the law and charity best practice.
Our corporate law department has been operating successfully within the GRATA structure for a long time. One of the focuses of the department is labour law.
Valuations by the government are expected to show that current employer contributions rates do not ensure that the costs of public sector pension schemes will be met in the future.
Appleby has appointed Caren Pegg, Keith Robinson, Andrew Jowett, Clive Langley, Camilla Neal, Steven Rees Davies, Juan Thornley and Anthony Williams.
Up Close and Personnel — March 2014: admissibility of covert recordings made at disciplinary and grievance hearings download
The EAT upheld the decision that covert recordings made by an employee of private conversations of the panels at her grievance and disciplinary hearings were admissible in evidence.
Up Close and Personnel — March 2014: dismissal for absence due to post-natal depression was not discriminatory download
In Lyons v DWP Jobcentre Plus, the EAT upheld the decision of the Employment Tribunal.
Up Close and Personnel — March 2014: does the Equality Act 2010 cover post-employment victimisation? download
In Jessemey v Rowstock Ltd, the Court of Appeal overturned the EAT and held that post-employment victimisation is prohibited by the Equality Act 2010.
The next year will see a series of significant changes to employment law. This article outlines the major changes and the dates when they will come into effect.
The Ministry of Justice has published Employment Tribunal statistics for the period October to December 2013.
Up Close and Personnel — March 2014: EAT allows an employee who successfully appeals to recover his fees from the employer download
In Portnykh v Nomura International Ltd, the appellant employee asked the EAT to order the respondent employer to repay his fees.
The government has accepted the recommendations from the Low Pay Commission in relation to the new national minimum wage rates.
The Statutory Sick Pay Percentage Threshold (Revocations, Transitional and Saving Provisions) Order 2014 has been laid before Parliament.
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 has amended the Rehabilitation of Offenders Act 1974 with effect from 10 March 2014.
Irwin Mitchell London employment head John Hayes has quit to join Wragge & Co, just days chief executive John Pickering announced his retirement from the firm.
Our pre-eminent litigation practice in the Cayman Islands, Guernsey and Jersey advises clients on the full spectrum of contentious, semi-contentious and advisory work.
Whatever stage of the employment relationship in which you require advice, our employment, pensions and incentive team can assist you.
Whether you’re planning an acquisition or a sale, entering into a joint venture or considering a corporate restructure our M&A lawyers can help.
DLA Piper has launched its global Leadership Alliance for Women (LAW) programme in Australia this month.
Allen & Overy has won the International Law Firm of the Year award at the second annual Law Firm of the Year competition in Slovakia.
Strategic HR at the Isle of Wight Council has selected Iken Case Management and Time Recording to support the work of their HR business partner and health, safety and welfare teams.
A revised code of practice will replace the existing 2007 code of practice concerning disciplinary and grievance procedures in Jersey.
The aim of this Starting Point Guide is to raise management awareness of the issues surrounding disciplinary issues.
Part of the cross-government Health, Work and Wellbeing initiative, the ‘Health and Work Service’ will provide occupational health advice and support for employers and employees.
The EAT has confirmed that where an employer consistently makes enhanced redundancy payments, such action could give rise to an implied contractual entitlement.
Talking HR telly — smooth as Silk download
The recent TV series Silk portrayed a situation where the senior clerk was accused of sexual harassment against a pupil for similar actions.
New ACAS early conciliation scheme download
From 6 April 2014, a new system of pre-claim conciliation will be in place for all employment tribunal claims.
What is the starting point for calculating protective awards under TULRCA 1992 and TUPE 2006? download
On 1 October 2011, the Agency Workers Regulations 2010 came into force and amended both TULRCA 1992 and TUPE 2006.
Flexible working: now you see me... download
Flexible working for the masses comes into force on 30 June 2014. Anyone with 26 weeks’ continuous service will be able to apply to work flexibly.
Zero-hour contracts have been the subject of much controversy recently.
Corporate governance round-up — April 2014: women on boards; PIRC UK shareholder voting guidelines; and more download
Hogan Lovells has published its corporate governance round-up for April 2014.
Women on Boards — new HR report download
The UK government supports the European Commission’s decision not to impose mandatory quotas; it favours a self-regulatory national level approach.
Changes to the TUPE regulations will come into effect from 31 January 2014. Erica Humphrey, solicitor in the employment team at IBB Solicitors, summarises the main amendments.
Jo Hilliard, managing associate at Addleshaw Goddard, looks at the changes affecting claimants, employers and lawyers.
Employers will need to take steps to prepare for the extension of the right to request flexible working arrangements on 30 June.
The secondary legislation that sets out the detail on how workplace pension reform works has been subject to two phases of amendment.
Yes, held the Employment Appeal Tribunal in The Commissioner of Police of the Metropolis v Keohane.
The Ministry of Justice has published its quarterly tribunal statistics for October to December 2013.
Employers and the courts are increasingly having to wrestle with covert recordings made by employees and when they should be admitted as evidence.
The government’s proposed changes to the tax treatment of certain members of limited liability partnerships will be implemented next month.
US president Barack Obama has issued an executive order to raise the minimum wage for federal contractors and subcontractors under certain contracts.
The Department of Health has published its own guidance setting out how New Fair Deal will operate in the NHS Pension Scheme.
Hogan Lovells has announced that Allen Pegg has re-joined the firm’s Miami office as counsel in its litigation practice.
Pension law changes from 6 April: new disclosure regulations, auto-enrolment, TUPE transfers and tax limits download
The Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013 come into force on 6 April 2014.
The claimant in Kuehne and Nagel Ltd v Cosgrove was asked for her consent to be tested for cannabis use following what she was told was an anonymous tip-off.
The key recommendation from the 2011 Davies Review was a target for FTSE100 companies of a minimum of 25 per cent female representation on boards by 2015.
Spot the difference — TUPE applied even though activities carried out in different way post transfer download
The contract that was the subject of Qlog Ltd v O’Brien related to the transportation of cardboard packaging goods on behalf of a client.
DLA Piper, in conjunction with its client GE and IMMMA Advocates, has begun a teaching course at the Law School of Tanzania for the fifth consecutive year.
Tribunals are able to consider the reasonableness of final written warnings in dismissal cases download
The Court of Appeal has confirmed that an employment tribunal is able to consider the reasonableness of a final written warning when assessing the fairness of a dismissal.
This is a useful case for small employers who often rely on the advice of HR consultants.
The Court of Appeal has now ruled that post-employment victimisation is indeed covered by the Equality Act.
A raft of new legislation comes into force on 6 April, which is now only a matter of days away. Walker Morris looks at what employers ‘need to know’ in advance of this date.
Walker Morris will hold the first of its new programme of employment breakfast seminars in Leeds on 7 April 2014.
Each April brings change for pension schemes, and although this year may prove to be not quite as exciting as next year there is still plenty to be thinking about.
Pensions rights on TUPE transfers download
Where an employer takes on employees under a TUPE transfer who were members of an occupational pension scheme, a minimum level of pension must be provided going forward.
Walker Morris has released the March 2014 issue of its Case law round-up.
Walker Morris has released the March 2014 issue of its Employment News publication.
The EAT has held that the removal of a police dog from its pregnant handler during her maternity leave constituted direct discrimination.
The Court of Appeal has confirmed the principle that an employer will not always be vicariously liable for the actions of its employees.
An employer’s initial refusal to make a reasonable adjustment did not start the time limit running for bringing a disability discrimination claim.
Proposed changes to the nature of the tribunal process come into effect during March and April 2014.
Do employers have to abide by the decisions of an independent panel during a disciplinary process? download
The EAT held that an employee had been fairly dismissed, despite the fact that the employer failed to implement the decision of an independent appeal panel.
Employment newsletter: March 2014 — new general collective bargaining agreement signed in Montenegro download
A new Collective Bargaining Agreement (GCBA) has been signed in Montenegro. The GCBA introduces a broader scope of existing labour rights.
The government has published a consultation to consider whether zero-hour contracts are being abused and what action can be taken to tighten up their use.
Carey Olsen has achieved the Best Companies’ One Star Status in its 2014 annual engagement survey.
Eversheds believes the proposed new Institutions for Occupational Retirement Provision (IORP) Directive is far too detailed and prescriptive.
The OFCCP has issued expansive new regulations requiring government contractors to undertake greater efforts to employ veterans and individuals with disabilities.
There is a newly published white paper on a proposed law to protect against sex discrimination.
On 6 April 2014, a new Acas conciliation scheme will come into operation in an attempt to further reduce the number of claims reaching the Employment Tribunal.
The Jobs Act: scene 2014 — take 34 download
The aim of this new reform is to stimulate job creation in Italy, which in January 2014 recorded a youth unemployment rate of 42.4 per cent.
Eversheds has commented on the publication of the Lord Davies report into the role of women in UK boadrooms.
Danny Blum, partner and employee incentives expert at Eversheds, has commented on the potential for UK rules on executive pay to be toughened.
The DfE is making a grant available for small groups of schools, mainly primaries, to collaborate to employ a school business manager in a leadership role.
Taylor Wessing’s private equity group has advised Electra Partners on the acquisition of audio mixing console manufacturer Calrec from D&M Holdings.
Paul Reeves, employment partner at Stephenson Harwood, has commented on how covert recordings in disciplinary and grievance proceedings can be used in subsequent litigation.
Once considered a problem too complex and expensive to solve, information governance is experiencing a rebirth.
Employment Post — spring 2014: towards a fully flexible workplace; support grows for whistleblowers; and more
Mills & Reeve has released the spring 2014 issue of its Employment Post.
Head of the employment and data protection practices
This report rounds up upcoming employment law reforms and brings together links to more detailed reports, guidance and the relevant legislation.
A Shanghai-based Dacheng team led by attorney Tan Jiacai has advised Hefei Taihe Optoelectronic Technology on legal risk prevention and control.
The Patient Protection and Affordable Care Act imposes significant new reporting requirements on employers providing self-insured group health coverage to their employees.
Be careful what you wish for — TUPE applied despite client wanting outsourcing to be short term download
A number of carers were employed by Allied to look after a vulnerable adult.
Fraser Sparks, pensions partner at Stephenson Harwood, has commented on DC occupational pension schemes and decumulation.
Surrogacy: European Court decides that only the mother giving birth can take maternity leave download
The two women who brought claims in the European Court both used surrogate mothers in order to have a child.
On 20 March 2014, New York City mayor Bill de Blasio signed into law amendments to the Earned Sick Time Act (ESTA).
Workplace bullying: past behaviour relevant in Fair Work Commission’s new jurisdiction — update download
The Fair Work Commission’s anti-bullying powers came into force on 1 January 2014. The new rules can apply to bullying that occured before that date.
The case of Heron v Sefton Metropolitan Borough Council considered whether there was any defence to an age discrimination claim regarding an enhanced redundancy scheme.
A worker’s right to be accompanied download
Workers have a right to be accompanied at a disciplinary or grievance hearing where their request to be accompanied is reasonable.
During the investigation, the employee in this case admitted to breaching patient confidentiality by having patient documents clearly visible in a public environment.
In Z v A, it was decided that the dismissal of a school caretaker based on police information about an unproven allegation of historic child sex abuse was unfair.
Changes to pension protection on a TUPE transfer take effect from 6 April 2014.
Employers: bound to conciliate download
Employers are set to be affected by a significant change to the process for starting a tribunal claim in the form of mandatory pre-claim conciliation through ACAS.
On 6 April, a long-standing feature of the law prohibiting discrimination at work will change, when discrimination questionnaires are ‘abolished’.
The Serbian political scene has seen a good deal of turbulence these past months due to all the events preceding the elections.
The ICO has reissued a code of practice on subject access requests. The code was originally published last year but has been updated and re-issued.
Budget Summary: spring edition 2014 download
Winckworth Sherwood has released the 2014 spring edition of its Budget Summary.
Changes to statutory payments download
The government has decided that the annual uprating of a week’s pay and the maximum compensatory award for unfair dismissal, should be moved to April.
The headline policy from this week’s Budget is that individuals will, from April 2015, have full flexibility in what they do with their DC pension pots.
The US Foreign Account Tax Compliance Act (FATCA) creates a new tax information reporting and withholding regime for payments made to certain Foreign Financial Institutions (FFIs) and other ‘foreign’ persons.
Budget update 2014 download
George Osborne has delivered his fifth Budget speech to the House of Commons, but despite speaking for nearly an hour the result was somewhat underwhelming.
When should we DBS check? download
John Turner, lead regulatory lawyer at Anthony Collins, considers the guidance for criminal records checks with the Disclosure and Barring Service (DBS).
Those following the recent developments relating to the national minimum wage could not be blamed if they thought to themselves this month — ‘bad news comes in threes’.
A report from Eversheds, 21st Century Law Firm: Inheriting a New World, surveyed 1,800 young lawyers aged between 23 and 40 around the world.
Barbara Allen, head of employee incentives, and Kiersten Lucas, senior employment associate, both from Stephenson Harwood, comment on clawback.
Faye Jarvis of Hogan Lovells has commented on the ‘radical’ changes to the way in which members of DC pension schemes can access their benefits in the future.
The biggest surprises in the chancellor’s budget statement on 19 March 2014 related to pensions.
Budget 2014 download
Following the 2014 Budget, Taylor Wessing has set out a summary of some of the main announcements.
Budget summary 2014: tax highlights download
The chancellor has delivered the Budget for 2014. This briefing provides a summary of the main tax points of interest.
Whistleblowing charity Public Concern at Work has intervened in the Clyde & Co v Bates van Winkelhof appeal, which kicks off in the Supreme Court on Monday.
Fraud in the workplace download
Employers have always been reluctant to pursue a civil claim against former employees for losses incurred as a result of their negligence or misconduct.
Mills & Reeve has released the March 2014 edition of its Health Legal Update, which includes information on NHS commercial, employment and patient matters.
Budget announcement — 19 March 2014: income tax and NICs, capital gains tax, employee incentives and pensions download
Employees are likely to welcome the changes to the way in which they can access their pension savings in a defined-contribution scheme.
The Children and Families Act 2014 has received Royal Assent and will introduce several employment law changes for working parents.
National minimum wage update download
Employers would be well advised to review their pay rates to ensure all applicable workers are receiving at least the national minimum wage.
Research has revealed that women are failing to get to boardroom positions due to lack of recognition, rather than because of taking time off to have children.
Eversheds partner Naeema Choudry has commented on the EU’s stance that EU law does not require that a mother who has had a baby through a surrogacy arrangement should be entitled to maternity leave or its equivalent.
DLA Piper’s Leadership Alliance for Women —a network dedicated to retaining and developing its women into leaders — is expanding across the firm’s international offices.
Women who have children by surrogate mothers not entitled to maternity leave under European law download
The ECJ has confirmed that a woman who has a child by a surrogate mother is not entitled to the benefit of EU pregnancy and maternity rights.
Recent decisions have highlighted a couple of key themes that employers would be well advised to consider when dealing with their disabled employees.
The latest 2014 figures suggest that workers in the UK take in excess of 130 million days’ sickness absence per year.
On an asset transfer, employees automatically transfer with their business under the TUPE regulations, which require the new employer to provide certain levels of pension benefits.
The Court of Appeal has found a director personally liable for the legal costs of an action brought against his company.
Mills & Reeve has appointed Richard Santy, the former head of employment at Shoosmiths in Birmingham, as a partner.
The intersection of provisions of labour, criminal, company and commercial law, although hard to imagine due to the diversity of these fields, does exist.
March 2014 saw the publication of the latest Employment Tribunal statistics from the Ministry of Justice, for the period October to December 2013.
This article explains how to handle issues of trade and business secret protection from an employment law perspective in Germany.
An employee share option plan reserves and allocates a percentage of the shares of the company for share option grants to current and future employees.
Hogan Lovells will be hosting a breakfast seminar on the introduction of shared parental leave and pay — the most significant change to employment law in recent years.
The claimant in Lyons v DWP Jobcentre Plus argued that her dismissal was either direct pregnancy discrimination or direct sex discrimination.
The claimant in Punjab National Bank v Gosain secretly recorded the conversations of members of the panels at grievance and disciplinary hearings she had attended.
Disability and reasonable adjustments: is EAT wrong to say no cut-off time limit for making a claim? download
An EAT decision has muddied the water and requires employers to review their approach to the duty to make adjustments.
A seismic overhaul of employment disputes resolution should be good for clients and lawyers
Withers has been recognised as a leading law firm in the recently published edition of Chambers Global.
This article considers the recent Employment Appeal Tribunal decision in Secretary of State for Work & Pensions (Jobcentre Plus) v Jamil & Ors.
The Employment Rights Act 1996 makes it unlawful for an employer to subject a worker to a detriment on the ground that he or she has made a ‘qualifying’ and ‘protected’ disclosure.
Paul Reeves, an employment partner, has discussed whether an employee can stop a disciplinary process and make the employer start again.
Wierzbowski Eversheds has made two new appointments: Pawel Lasota, who has joined the labour law team; and Radoslaw Forynski, who has joined the litigation team.
Eversheds partner Geoffrey Mead has commented on the the publication of latest statistics from the Employment Tribunal Service, for the period October to December 2013.
DLA Piper has released the winter 2014 issue of SHE Matters, a newsletter dedicated to safety, health and the environment.
Romania: new perspective on dawn raids and leniency following criminal legislation amendments download
The entry into force in Romania on 1 February 2014 of the new criminal codes implementing laws brought important changes to certain non-criminal laws.
The government has published three sets of draft regulations concerning the new shared parental leave scheme and how it will operate.
While the new TUPE regulations are not as far reaching as originally anticipated, there are some important changes that give employers more flexibility.
Our employment practice spans from everyday support to employers in drafting employment agreements and internal employment-related enactments.
The Central London Employment Tribunal has upheld a former ABN Amro lawyer’s unfair dismissal claim against the bank but thrown out her 41 allegations of racial discrimination.
Tribunals will have the power to order that an employer who is unsuccessful at tribunal pay a financial penalty on top of any compensation due to the successful claimant.
Retired senior partner and immediate past chair of Pillsbury Mary Cranston will receive the inaugural Hortense Ward Courageous Leader Award by the Center for Women in Law.
Barrister Sarah Pritchard has secured the dismissal in the Court of Appeal of the claimant’s appeal against the judgment of HHJ Armitage QC in this employer’s liability case.
Karanovic & Nikolic hosted more than 50 participants at the annual Corporate Counsel Forum, which was held in Belgrade on 7 March 2014.
The UK government supports the European Commission’s decision not to impose mandatory quotas; it favours a self-regulatory national level approach.
Equality between men and women was firmly addressed in Spain by a 2007 act on the effective equality between men and women.
The percentage of women on company boards in the Netherlands has increased. However, women are still under-represented in company boards.
Equal opportunities between men and women is a hot topic. Italy is trying to make a step forward, starting in the boardroom.
The proportion of women on supervisory boards of the 160 companies listed in the German stock exchange currently amounts to only 17.4 per cent.
France has adopted a law compelling French companies to aim for a balanced representation of men and women on boards.
The European Parliament has voted to adopt the European Commission’s proposed directive to increase the number of women on the boards of listed companies.
Eversheds partner Geoffrey Mead has commented on the publication on 13 March of the latest statistics from the Employment Tribunal Services.
Eversheds has advised Personal Group, a provider of employee benefits packages, on its acquisition of Let’s Connect IT Solutions for a total consideration of up to £12m.
Employers have a much greater opportunity to collect and retain vast amounts of information. This information is useful to have on file — but what are the risks?
Jack Feeny from No5 Chambers has represented Angela Cobbina, former head of legal at the London branch of ABN AMRO, who brought claims for discrimination and unfair dismissal.
Collyer Bristow is hosting an interactive seminar, based on a real-life case study, on how best to deal with threats to your business from former employees.
With the World Cup only three months away, employers need to consider the impact that a four-week international football event may have on the workplace.
Trade unions are increasingly using a relatively unknown TULRCA provision in negotiations with employers over changes to collectively agreed terms and conditions.
Shoosmiths has advised the sellers on the £40m sale of digital marketing agency Realise to St Ives, a UK provider of marketing solutions and publishing services.
The Marriage (Same Sex Couples) Act 2013 comes into force on 13 March 2014, with the first same-sex weddings taking place on 29 March 2014.
Paul Reeves, an employment partner at Stephenson Harwood, has commented on the highly anticipated extension of the right to request flexible working.
Winckworth Sherwood has created a dedicated tax team following the appointment of tax partner Simon Newsham.
Allen & Overy has updated its Access Assist iPad app: a free Q&A tool supported by targeted summaries of applicable law, legislation, case law and guidance.
Walker Morris has advised Welcome Financial Services on the sale of Shopacheck Financial Services to Rcapital, a London-based private investment company.
There have been some high-profile cases involving the use of CCTV in Germany in recent years.
A survey conducted by Gateley has revealed that 60 per cent of people do not fully understand how the points-based immigration system works.
The claimant in Jobcentre Plus v Jamil worked in a job centre some 80 minutes’ travel time from home.
The Enterprise and Regulatory Reform Act 2013 makes significant changes to the criminal cartel offence, coming into force on 1 April 2014.
CCTV in the workplace ― France download
CCTV cameras can be installed in the French workplace for safety reasons and to prevent and investigate crime, theft or misconduct.
BIS has announced that the extension of the right to request flexible working to all employees with 26 weeks’ service will be ‘available’ from 30 June this year.
Woman’s best friend — removal of police dog from pregnant handler was direct discrimination download
PC Keohane’s status as a dual narcotics dog handler was important in that it enhanced her career prospects and gave her an opportunity to earn overtime.
Ashurst’s London pensions head Steven Hull has become the latest partner departure from the firm as he joins Eversheds’ City office.
Ilyashev partner Maksym Kopeychykov will present a report at the II Annual Judicial Forum, which will be dedicated to Legal Practice Day.
Hogan Lovells has been shortlisted in the Transparency Award category at the Opportunity Now Excellence in Practice Awards 2014.
Hogan Lovells’ ‘Breaking Barriers’ diversity initiative has hosted a series of events across offices in Asia and the Middle East to celebrate International Women’s Day.
Shoosmiths has hired Kenny Scott, who has expertise and specific experience of advising clients in a number of sectors.
Services in labour law constitute one of the key practice areas at Ilyashev & Partners.
Our employment team advises on all aspects of employment law, from the beginning through to the end of the employment relationship, for both contentious and non-contentious matters.
Dentons has unveiled a mass restructure for its UKMEA LLP following its 2013 tripartite merger, bringing its list of practice and sector groups under five new divisional heads.
The theme of this year’s International Women’s Day is ‘Inspiring Change’ — this is no more needed than in Italy, according to Lexellent.
Attorneys in Dacheng’s Changsha office have been elected to posts at the eighth Hunan Lawyers’ Congress and the fourth Changsha Lawyers’ Congress.
A new system of shared parental leave will supplement the current maternity, adoption and paternity leave schemes with effect from April 2015.
These tips will help those individuals who are new to the world of business immigration, as well as seasoned experts, as they highlight a few common issues.
Case law round-up — Pensions Matter, March 2014... an overview of key pension cases and their practical implications
In McCoy, it was held to be reasonable for the trustees of a SIPP to require the beneficiary of a lump-sum death benefit to complete a form of discharge prior to paying out the discretionary benefit.
Steve Webb has confirmed that the government is ‘actively exploring’ if it can amend the Pension Protection Fund (PPF) legislation in regard to employer insolvency.
The potential for employers to be exposed to disability discrimination claims arising from a failure to make reasonable adjustments for their disabled employees has been increased.
The DWP has published a report that highlights the areas it believes have a strong case for an exemption from auto-enrolment duties for certain employees.
The government has now confirmed that ‘protected persons’ will not be prejudiced by the statutory override contained in the Pensions Bill.
From 6 April 2014, LLP members will be taxed as employed if less than 20 per cent of their remuneration is linked to the overall profitability of the LLP.
Eversheds partner Audrey Williams has commented on the announcement of recommendations from Charlotte Sweeney to increase the number of women on British boards.
The BBC is to hire three legal services apprentices to join its in-house legal team in London, making it the latest organisation to throw its weight behind legal apprenticeships.
Riaz Karamali, a partner in Pillsbury’s Silicon Valley and San Francisco offices who represents emerging growth companies, answers some common questions innovators face.
The recent unseasonal weather has put into question organisations’ accident and incident investigation procedures and their ability to proactively assess incidents.
R v Bodycote HIP UK contains an important warning to UK organisations in relation to the impact of health and safety prosecutions against their branches abroad.
The FFI regime has imposed a duty on the HSE to recover costs for carrying out its regulatory functions against those found to be in material breach of the health and safety laws.
Review of HSE Temple Report download
The new edition of the Temple Report was published in January 2014 and contains helpful and interesting analysis of the functions and effectiveness of the HSE.
This report includes an analysis of the results of Eversheds survey on the Employment Tribunal process, which is based on 180 responses.
In the case of serious irregularities in an employer’s disciplinary proceedings against an employee, the employee may be able to seek an injunction preventing the employer from dismissing them.
Keeping track of the latest European developments, as well as domestic trends and changes, can be difficult — all the more so for multinational businesses.
For most HR practitioners and in-house counsel, keeping abreast of domestic legal developments can be challenging. For those with a multi-national remit, the task is huge.
The Court of Appeal has upheld the EAT’s decision that while the harmonisation of terms post TUPE transfer can be for an ETO reason, it does not entail ‘changes to the workforce’.
EAT decision on when communications may qualify as a disclosure for whistleblowing purposes download
The Employment Appeal Tribunal has recently clarified two important issues in relation to whistleblowing.
Five years on from the financial crisis and employees continue to face an uncertain future. The relentless downsizing and cost cutting continues unabated.
Unambiguous impropriety, without prejudice and dispute identification: EAT decision upholds sanctity of negotiation confidentiality download
The judgment in this case provides an excellent overview of the use of without prejudice correspondence and the limitations of the definition ‘unambiguous impropriety’.
On 6 April 2014, the limits on certain Employment Tribunal awards and other amounts payable under employment legislation will increase.
The High Court has dismissed the challenge to the recently imposed fees regime in the Employment Tribunal system, brought by the trade union UNISON.
Court of Appeal decides that the collective redundancy provisions in TULRCA covered the closure of a US military base in UK download
The obligation to consult about collective redundancies under section 188 of TULRCA may apply even where they come about due to the strategic decisions of foreign governments.
TUPE: amendment regulations implemented on 31 January 2014 and new BIS TUPE guidance published download
The TUPE Regulations 2014 came into force in January and made a number of changes to the existing legislative framework on transfers of undertakings and collective redundancies.
The Whistleblowing Commission was launched by Public Concern at Work to investigate how UK whistleblowing laws work and how they might be improved.
In July 2013, the EAT held that all the employees made redundant from two insolvent retail businesses were entitled to be collectively consulted, regardless of where they worked.
Acas publishes final draft of statutory code of practice for handling flexible working requests download
Acas has published the final draft of the statutory code of practice that will govern the new extended right to request flexible working.
Reforms to TUPE 2006 — a quick guide download
This table details the original position under TUPE 2006, the proposal for reform, the government’s response and the new TUPE 2014 regulations for all areas of TUPE.
A former ABN Amro Group senior lawyer has brought a £300,000 case against the bank after claiming she was racially harassed and hounded out of her job.
To safeguard your organisation’s interests, it is prudent to be clear about your various routes and options, before embarking on termination discussions with an employee.
New dismissal compensation limits download
The new compensation limits for dismissals taking place on or after 6 April 2014 have been published.
Ever since the Equality Act came in, there has been uncertainty as to whether it covers post-employment victimisation.
Up close and personnel: new compensation limits announced and Unison’s challenge of employment tribunal fees dismissed download
Bristows has published its Up close and personnel newsletter for February 2014.
Elizabeth Slattery, a partner in Hogan Lovells’ employment team, has commented on a Court of Appeal ruling confirming that post-termination victimisation is unlawful.
The EAT had to decide two main issues: had the claimant made a ‘disclosure’? Did he suffer detriment as a result of that?
PPF entry and overseas employers download
The case of Olympic Airlines has highlighted the difficulty for a pension scheme with an overseas employer in gaining entry to the Pension Protection Fund (PPF).
The EAT has ruled that the restriction in the Equality Act that provides that survivors’ benefits for civil partners need only be provided in relation to service since 5 December 2005 is lawful.
HMRC has published updated guidance on the new ‘salaried member’ rules, the rules that will treat members of an LLP as employees for tax purposes in certain circumstances.
Khristy Spyrou and Myria Agathocleous have been unanimously voted to be partners of Pamboridis.
This briefing focuses on three of the legal weapons that you may find in your armoury to protect you against attacks from others in the online environment.
Forty per cent of UK companies have experienced a reduction in employment claims since the introduction of tribunal fees, according to an Eversheds report.
Pinsent Masons has unveiled plans to boost gender diversity across the firm by targeting a 30 per cent female partnership, setting an interim goal of 25 per cent within the next four years.
International Law at Work — February 2014: China’s interim provisions on agency workers issued download
China’s Ministry of Human Resources and Social Security has issued the Interim Provisions on Agency Workers.
International Law at Work: intranet announcement creates legally enforceable right to bonus promised for bank employees download
Making a contract with the whole world is not a legal concept that is intuitively recognised.
International Law at Work — February 2014: looking forward... legislative initiatives of the new German government download
This article sets out some of the employment-related enterprises of the Great Coalition as set out in the coalition treaty.
In this briefing, Taylor Wessing focuses on pensions in China, Germany and the UK.
Law at Work — February 2014: reasonableness and extent of restrictive covenants did not apply to actions as a minority shareholder download
In this case, the High Court had to consider whether non-solicitation and non-dealing restrictions for a period of six months after termination of employment were enforceable.
The ‘costs’ of facing an employment tribunal claim: increase in compensation rates, penalties and fees download
From 6 April, the statutory limits on the level of compensation that employment tribunals can award will go up. What does this mean for employers?
California has a reputation for employment litigation: it is the state where everyone seems to feel obliged to sue their boss for something.
Pension schemes providing benefits on a salary-related or DB basis — including ‘final salary’ pension schemes — have been in the news for several years.
Mark Harper resigned after discovering a cleaner he employed for his flat did not have permission to work in the UK. How can employers avoid the same trap?
In the UAE, there are two separate jurisdictions that need to be considered. This update will focus on some recent developments in both jurisdictions.
It has been more than six months since the introduction of the new fee regime into the Employment Tribunal system, which took place on 29 July 2013.
France’s Data Protection Authority has for the first time adopted truly sweeping changes to its Single Authorization No. 004 on Whistleblowing.
Mills & Reeve is supporting the newly established East Anglian division of the Society of Construction Law.
The Lord Rennard ‘saga’ continues to play out in the news.
The Technology and Construction Court recently decided that claims that had been advanced in negligent misstatement and misrepresentation could not be adjudicated.
Ben Williams, a barrister at Kings Chambers, considers how companies can control the misuse of group email systems.
This decision follows the conflicting decisions of the Employment Appeal Tribunal in the cases of Rowstock Ltd v Jessemey and Onu v Akwiwu.
International Law at Work — February 2014: changes to Singapore’s Employment Act from 1 April 2014 download
The Employment Act is Singapore’s main labour law covering certain categories of employees.
Employing ex-offenders is a sensitive issue: some employers are wary of potential risks and reputational damage, while others embrace the idea wholeheartedly.
Regulations setting out the final details of the ACAS early conciliation scheme have now been published, in time for it to take effect as planned from 6 April 2014.
Opinion that employee not disabled under Equality Act does not give employer defence for not making reasonable adjustments download
Employers have a duty to make reasonable adjustments for disabled employees. However, this duty only arises where the employer knows the employee is suffering from a qualifying disability.
Russell Bailey from No5 Chambers has succeeded in an appeal to the Employment Appeal Tribunal in the case of London Central Bus Company Ltd v Manning.
The new TUPE regulations taking effect introduce a number of amendments that could have considerable importance for charitable organisations.
On 10 February 2014, the IRS published long-awaited regulations on the employer shared responsibility provisions under the Patient Protection and Affordable Care Act.
Employment Appeal Tribunal decision confirms no extension of civil partners’ survivor benefits download
The EAT has confirmed that the restriction of a surviving civil partner’s pension to the member’s post-4 December 2005 pensionable service is compatible with EU law.
New LLP tax rules download
HMRC has published updated guidance on the new ‘salaried member’ rules — the rules that will treat members of an LLP as an employee for tax purposes in certain circumstances.
In a recent case, it was argued that a manager’s emails regarding the weather amounted to whistleblowing, giving him protection against dismissal even without two years’ service.
The Brits, Baftas and immigration download
The Brits and Baftas have recently come and gone, but do its international stars need immigration permission to ‘work’ in the UK?
The claimant in The Solicitors Regulation Authority v Mitchell had agreed with her employers that she could work from home two days each week to facilitate childcare arrangements.
A section in last year’s Enterprise and Regulatory Reform Act is coming into force for claims started on or after 6 April.
Should I stay or should I go: dismissal fair despite disregard for appeal panel’s conclusion download
A small fire broke out in a children’s nursery. The claimant was accused of having tried to start the fire and was dismissed for gross misconduct.
There is an increasing focus on defined-contribution investment issues.
Employment News: TUPE revamp download
Proposed changes to the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) came into force on 31 January 2014.
Kemp Little has listed several changes that employers should look out for in 2014.
Alison Downie, head of employment at Goodman Derrick, is set to chair the Law Society’s Survive and Thrive Law Management Roadshow.
The employment team at Goodman Derrick will be hosting a breakfast seminar on the key discrimination law case decisions for employers during 2013–14.
The regulator has published its consultation on a draft revised Code of Practice No. 3 for DB scheme funding, a draft new DB regulatory strategy and a revised DB funding policy.
One of the key issues of a ‘yes’ vote in the Scottish independence referendum will be the impact it has on the provision of pensions across the UK.
Following the Wheels case and the PPG case we now await a further decision on the VAT charges on pension schemes, relating to the case of ATP Pension Service A/S v Skatteministeriet.
Box Clever and Storm Funding decisions show scope of the regulator’s financial support direction powers download
Two recent decisions have demonstrated the latitude that the Pensions Regulator has in pursuing a case for a financial support direction.
A scheme with an identity crisis: Pi Consulting (Trustee Services) v the Pensions Regulator download
This case attracted a lot of media attention in the context of pension liberation.
In Hillcrest Homes v Beresford and Curbishley, the TCC decided that claims that had been advanced in negligent misstatement and misrepresentation could not be adjudicated.
Mr Smyth was an employee of Woolf Engineering and a member of Woolf’s group personal pension plan, which was administered by Scottish Life.
Browne case: Pensions Ombudsman rules on liability for unauthorised payment charges resulting from payment of a death benefit download
An unauthorised payment charge arose because a pension scheme had not made payment of a death benefit within two years of a member’s death.
Thew case: Deputy Pensions Ombudsman rules on the effect of changes to state pension age on scheme rules download
Mrs Thew had two periods of employment with Marks & Spencer during which she was a member of the Marks & Spencer Pension Scheme.
Bradbury case: Ombudsman determines on employer duty issues in the employer’s imposition of a cap on pensionable pay download
The Ombudsman has ruled that the BBC did not breach its implied duty of trust and confidence and/or the implied term of good faith when imposing a cap on pensionable pay.
Last summer, the DWP announced that the new regulations would be delayed until April 2014, with a draft laid before parliament in advance.
The DWP has provided long-awaited confirmation of the approach that will be taken to scheme benefits that are reclassified from money purchase to defined benefit in April 2014.
This article looks at what prompted the Law Commission’s consultation on the fiduciary duties of investment intermediaries, what it is focused on and what might come next.
Pensions Pieces: DWP consultation on the draft Occupational Pension Schemes Regulations 2014 download
The DWP has concluded a consultation on the draft Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2014, which broadly provide for three changes.
The end of 2013 saw a flurry of activity both from the Department for Work & Pensions and the Pensions Regulator in relation to public service pension schemes.
Hogan Lovells has advised Kuwait Petroleum International on the Italian Shell acquisition.
Pensions Pieces: minister announces delay to the imposition of a cap on charges in relation to DC pension schemes download
Pensions minister Steve Webb has confirmed that the introduction of the proposed cap on pension charges will not be introduced before April 2015.
Draft regulations setting out the revised earnings thresholds for auto enrolment for the 2014–15 tax year have been laid before parliament.
Pensions Pieces: Pensions Regulator/ICAEW publish draft framework for master trusts for consultation download
The Pensions Regulator and ICAEW have published a draft reporting framework to help employers better understand the governance and administration arrangements of master trusts.
Pensions Pieces: regulator’s DC compliance and enforcement policy — final version now published download
The Pensions Regulator has issued its final compliance and enforcement policy for occupational defined-contribution trust-based pension schemes.
The provision of the so-called ‘moral hazard’ powers to the Pension Regulator under the Pensions Act 2004 has caused significant concerns.
A recent case highlights the potential ease for employee concerns in multiple emails about health and safety to amount to a protected disclosure under whistleblowing legislation.
Employer seeking to dismiss employees without notice for acts of gross misconduct should be mindful of recent case law in this area.
HMRC has issued a keenly awaited announcement in response to the CJEU’s ruling in PPG Holdings BV (C-26/12).
Karanovic & Nikolic has announced the launch of the BECTELLA (benefits, executive compensation, tax, employment and labour law) alliance.
If an employer becomes insolvent and has a defined-benefit (DB) pension scheme in deficit, the Pension Protection Fund (PPF) will act as a creditor on behalf of the scheme to maximise recovery from the employer.
In the Danish case of ATP Pension Service, the AG has stated his opinion that management services provided to DC pension schemes are VAT exempt.
HMRC amends policy to allow DB employers to recover VAT on certain investment activity costs download
HMRC has published a briefing stating its revised policy on the ability of sponsor employers to recover input VAT incurred in the management of DB pension schemes.
The growing number of age discrimination cases offers a stark reminder to employers to think twice before basing any headcount reduction policies on age.
Minerals Matters — winter 2014 download
This issue contains articles relating to human rights in the mining industry, data protection issues, the ability to remove squatters and the crackdown on bribery and corruption.
The recent downpour has resulted in the flooding of many businesses and employees are struggling to get into work. How can employers deal with these circumstances?
Paul Reeves, employment partner at Stephenson Harwood, has discussed what employers need to know about the Early Conciliation Rules of Procedure.
The EAT has given a judgment ordering an employer to repay to the employee the EAT fees that he incurred in bringing an appeal.
From 6 May 2014, claimants will only be able to lodge a claim with the Employment Tribunal if they have first referred a complaint to ACAS for early conciliation.
Mishcon de Reya has been drafted in by fashion house Alexander McQueen to defend a lost earnings claim by an intern who worked for free but believes she should have been paid minimum wage.
An employer is liable not only for the discriminatory acts of its own employees, but may also be liable as principal for discriminatory acts carried out by its agents.
Clyde & Co and Eversheds will advise Yum! Brands, the company behind Pizza Hut and KFC, for the first time having been appointed as part of a new eight-firm panel in the UK.
This article provides a checklist to assist in both preventing long-term sickness absence and managing such absence in the most efficient manner.
The Supreme Court has handed down its judgment in the long-running case of Woodland v Essex County Council and in the process rewrote the common law.
Eversheds Bitans lawyers will be providing legal advice free of charge in Latvia on 10, 11 and 14 March.
A company’s business activities must ultimately be conducted by individuals — company directors — notwithstanding that a company has a distinct legal personality.
The London office of Baker Botts is launching a new flexible resourcing initiative that will see it hire lawyers, potentially on a full-time self-employed consultancy basis, to fill a range of areas it currently sub-contracts out to UK firms.
Stephenson Harwood has commented on some of the recent key legal and regulatory developments that have occurred in relation to occupational pension schemes.
The Insolvency Service’s most recent quarterly statistics show a 12 per cent rise in construction company compulsory liquidations.
California has replaced the Enterprise Zone Hiring Credit with the New Employment Credit and the California Competes Credit.
Mills & Reeve has published the February edition of its Health Legal Update, which includes information on the NHS, regulatory news, patient matters and legal processes.
On 24 June 2014, Allen & Overy will host a seminar entitled ‘What do we do now: an overview of the law of contract — part two: termination and remedies’.
The Court of Appeal has given clarification on the threshold that an applicant must meet in order to obtain pre-action disclosure.
On 10 December 2013, HMRC published the 2014 Draft Finance Bill. The new rules will come into effect from 6 April 2014.
More than 700 employers have been fined for breaching national minimum wage laws, with £4m being paid out to workers who have missed out in their pay packets.
Canadian firm Fasken Martineau has become the latest to benefit from the collapse of rival Heenan Blaikie, picking up seven employment lawyers and two corporate specialists in Montréal.
With European elections in May, the flow of new regulations from Europe is expected to slow, with the immediate focus being on fine tuning already adopted policy.
UK amends TUPE regulations download
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) has been in the spotlight as part of the UK government’s employment law review.
Action on Smoking and Health estimates that 1.3 million people are currently using e-cigarettes in the UK. What stance should employers take to this growing phenomenon?
King & Spalding has teamed up with 14 independent firms from around the globe, including Ireland’s Arthur Cox and offshore firm Walkers, to form a new alliance focused on employment law and related areas.
The long-awaited reforms to the Transfer of Undertakings (Protection of Employment) Regulations 2006 have come into force.
JPM advises on all aspects of individual employment issues, as well as on collective bargaining agreements, redundancy plans and social and restructuring programmes.
JPM handles the most sensitive and complex cases in all kinds of commercial, competition, labour and corporate disputes.
The High Court has slammed the Legal Ombudsman (LeO) over its decision to order a barrister to reimburse fees to a client, branding the LeO ruling “irrational”.
Taylor Wessing has advised Delfingen Industry on the acquisition of Langendorf Textil and its subsidiary MBG Techbelt Innovation.
Allen & Overy (A&O) has advised Japanese carmaker Mitsubishi Motors on the reorganisation of its distribution activities in Germany.
DLA Piper has announced that James Brogan, Paul Hall, Joseph Kernen and Norman Leon have been recognised in a BTI Consulting Group report.
TUPE reform: what you need to know download
The long-trailed changes to the Transfer of Undertakings (Protection of Employment) Regulations came into force on 31 January, together with updated TUPE guidance.
HRXchange, a networking and training forum focused on employment law and related HR issues, has announced the addition of Leeds to its 10 UK knowledge hubs.
HM Treasury published the long-awaited ‘Fair Deal for staff pensions: staff transfer from central government’ guidance in October 2013.
When the claimant in Vision Events (UK) Ltd v Paterson was made redundant, he asked to be paid for in excess of 1,000 hours of flexitime.
For a dismissal to be fair, the employer must show that the reason for dismissal or, if more than one, the principal reason, is one of the categories of potentially fair reason under the legislation.
The claimants transferred to the employer, after which the college employed some 3,500 staff on 37 different sets of terms and conditions of employment providing offender learning services.
Eversheds has commented on the recent attempt by UNISON to challenge the employment tribunal fees regime for being ‘discriminatory and unlawful’.
In October Collyer, Bristow held a mock employment tribunal hearing based on a real case involving claims of constructive unfair dismissal and disability discrimination.
Barrister Alex Stein from No5 Chambers has prosecuted former foundry owner Laurence Brown from Mansfield for exposing workers to lead poisoning.
A report from Kennedy Consulting Research and Advisory has cited KPMG member firms as ‘vanguard leaders’ in ‘advancing’ in the breadth and depth of HR transformation capabilities.
Addleshaw Goddard has entered into redundancy talks with two associates in its Manchester-based employment team.
ACH Shoosmiths has been appointed to the legal services panel of Dumfries & Galloway Housing Partnership.
Hogan Lovells has advised Héroux-Devtek on the $128m acquisition of APPH and APPH Wichita (together APPH), subsidiaries of BBA Aviation.
Walker Morris has updated its employment legislation tracker for February 2014.
UK business transfers: TUPE changes download
On 31 January 2014, new regulations came into force that amend existing TUPE and collective redundancy legislation.
The government has confirmed that the extension of the right to request flexible working to all employees will now not be available from 6 April.
The claimant in this case was dismissed and relied on three emails as being protected disclosures in a claim of automatic unfair dismissal.
Auto-enrolment deconstructed download
The idea behind automatic pension enrolment is simple — all UK workers should be in a good pension scheme unless they actively choose not to be.
On 5 February 2014, the National Labor Relations Board voted 3–2 to reissue a notice of proposed rulemaking to amend its representation election procedures.
Parties to litigation need to consider the risk that their commercially confidential information may be disclosed, either to the other side or to the general public in the course of the litigation.
This briefing presents the newly revised national minimum wage structure.
Addleshaw Goddard has released the January 2014 edition of its Corporate News publication.
Collyer Bristow has announced an upcoming seminar on post-termination restrictions.
A recent case in the high court illustrates the importance of ensuring that all settlement negotiations are stated to be ‘subject to contract’.
Mills & Reeve offers an at-a-glance summary of key employment rights in the five largest European economies outside the UK.
Tina Ranales-Cotos, a barrister at Kings Chambers, discusses whether e-cigarettes can be banned in the office.
Collyer Bristow has appointed Nathan Donaldson as a partner in its employment team.
Has a veterinary practice — by failing to pay for an employee’s private psychiatric treatment — breached its duty to make reasonable adjustments to enable her to return to work?
The ICO has published updated guidance on how to deal with subject access requests from individuals. This is called the Subject Access Code of Practice.
The changes are intended to improve TUPE’s effectiveness and flexibility and to ensure that TUPE goes no further than the original EC directive.
Mills & Reeve offers an at-a-glance summary of key employment rights in five selected Asian jurisdictions.
Zero-hours contracts have been the subject of considerable political and social debate in recent times.
Mark Mullins of Outer Temple Chambers is representing Christine Nolan in the collective redundancy consultation case of USA v Nolan.
Berwin Leighton Paisner’s (BLP) employment head Fraser Younson has resurfaced at Squire Sanders, The Lawyer can reveal.
Public interest disclosures will continue to make headlines this year.
Will dismissal always fall within the range of reasonable responses where gross misconduct is found?
Employment law 2014 preview: TUPE download
We begin the year with the changes to the Transfer of Undertakings (Protection of Employment) Regulations, which came into force on 31 January.
From 6 April 2014, the majority of prospective claimants will be required to contact Acas before they can lodge proceedings at the employment tribunal.
We begin 2014 with a fresh reference to the CJEU on whether UK law correctly implements the European Collective Redundancies Directive.
Calculating the correct amount of holiday pay owed to a worker can prove to be a tricky task for an employer as it is dependent upon various factors.
Employment law 2014 preview: health download
Does the fact that a person is obese mean they are, or could be, ‘disabled’? The CJEU has been asked by Denmark whether discrimination on the grounds of obesity is contrary to EU law.
All employees who have worked for their employer for 26 weeks or more will have the right to request flexible working, rather than just parents or carers.
Described by the government as failing to increase pre-hearing settlements, the Equality Act 2010 questionnaire procedure relating to discrimination will be abolished from 6 April.
The Fair Work Commission has upheld the dismissal of an employee who refused to acknowledge that he had read and understood his employer’s social media policy.
Western Australia’s workers’ compensation scheme commenced operation in 1981.
The Abbott government is proposing to use its constitutional powers to remove existing arrangements contained in awards, agreements and company policies.
The Administrative Decisions Tribunal has upheld an employee’s claims of indirect racial discrimination because the employer’s selection criteria excluded members of a certain race.
Tier 2 Intra-Company Transfer is a category that allows multinational companies to transfer staff to the UK to work on a long-term basis or for frequent short-term visits.
Acas publishes final draft of statutory code of practice for handling flexible working requests and new non-statutory guidance download
Acas has published the final draft of the statutory code of practice that will govern the right to request flexible working. It is accompanied by a more detailed non-statutory guide.
The TUPE Regulations 2014 came into force on 31 January 2014 and made a number of changes to the existing legislative framework on transfers of undertakings and collective redundancies.
It is not generally appropriate for the courts to intervene to remedy minor irregularities in the course of the disciplinary proceedings between employer and employee.
New Acas guidance published on asking and responding to questions of discrimination in the workplace download
The existing statutory framework under which individuals can ask questions about discrimination in the workplace will be repealed on 6 April 2014.
In July 2013, the EAT controversially held that all the employees made redundant from two insolvent retail businesses were entitled to be collectively consulted.
The court of session has confirmed that fixed-term employees dismissed upon expiry of their contracts were dismissed for a ‘reason relating to them as individuals’.
The Financial Conduct Authority has published a final notice prohibiting inter-dealer broker Anthony Verrie from performing any function relating to any regulated activity.
Eversheds has assisted Poolia in its acquisition by US-based staffing company Staffing 360 Solutions through its subsidiary Staffing 360 Solutions (UK).
An employer was entitled to sack an employee who was allegedly planning to steal company property, rather than waiting for the theft to actually occur.
Bristows has published its Up close and personnel newsletter for January 2014.
Addleshaw Goddard has released the January 2014 edition of its European Employment Law Update. This section focuses on the UK.
Addleshaw Goddard has released the January 2014 edition of its European Employment Law Update. This section focuses on Switzerland.
Addleshaw Goddard has released the January 2014 edition of its European Employment Law Update. This section focuses on Spain.
Addleshaw Goddard has released the January 2014 edition of its European Employment Law Update. This section focuses on the Netherlands.
Addleshaw Goddard has released the January 2014 edition of its European Employment Law Update. This section focuses on Ireland.
Addleshaw Goddard has released the January 2014 edition of its European Employment Law Update. This section focuses on Germany.
Addleshaw Goddard has released the January 2014 edition of its European Employment Law Update. This section focuses on France.
Addleshaw Goddard has released the January 2014 edition of its European Employment Law Update. This section focuses on Finland.
Addleshaw Goddard has released the January 2014 edition of its European Employment Law Update. This section focuses on Denmark.
Eversheds believes VAT recovery changes offer an opportunity for employers and pension funds to review arrangements.
Under a civil service voluntary exit scheme, employees aged 60 or over had their severance compensation capped at six months’ pay.
Five top tips for happy contracting download
Gateley has released five top tips to take into account when drafting contracts.
A worker can be accompanied at disciplinary or grievance hearings by a fellow worker or union official when the worker ‘reasonably requests to be accompanied at the hearing’.
The case of Birmingham City Council v Emery serves as a reminder that in community schools the employer is the local authority, not the governing