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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 body of the school.
TUPE changes in force download
The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations came into force on 31 January 2014.
The first same-sex marriages can take place in England and Wales on 29 March 2014. The legislation gives surviving same-sex spouses similar occupational pension rights to civil partners.
As with 2013, there will be no rest for employment law advisers, employers and HR practitioners in 2014, with further legislative change on the agenda.
Employment and political reforms, and a programme of privatisation could ease Italy’s and its legal market’s way through these punishing times
Shoosmiths provides legal advice to One Stop on its move into franchising.
Elizabeth Slattery, partner in Hogan Lovells’ employment team, has commented on the TUPE reforms.
The Paris office of Eversheds is sponsoring a mentoring programme aimed at helping young women aged between 25–39 within the immigrant population.
A new breed of young lawyer is seeking to reform the legal sector, according to Eversheds’ recent ‘21st Century Law Firm: Inheriting a New World’ report.
Founding and managing partner
In this note, Mills & Reeve offers some brief tips on some of the most commonly encountered problems.
Eversheds construction expert Michael Conroy has commented on projections for UK construction jobs over the coming years.
New tax rules for LLP members download
The government has issued draft anti-avoidance legislation that overrides the current presumption that a member of an LLP is self-employed for tax purposes and is not an employee.
Changes to the TUPE regulations came into effect on 31 January 2014. What are the main implications for corporate finance?
Nabarro has released the January 2014 edition of its health and safety newsletter, which includes information on health and safety reforms and employing young people.
Taylor Wessing has acted pro bono for the Human Dignity Trust in overturning northern Cyprus’s laws criminalising homosexuality at the European Court of Human Rights.
The Public Sector Procurement Directive will make it easier for charities, social enterprises and public sector mutuals to deliver public services, according to Winckworth Sherwood.
Following the introduction of the disguised remuneration rules in 2011, HMRC has promised to vigorously pursue existing employee benefit trusts.
Swiss employment boutique Schmid Heinzen Humbert Lerch (SHHL) has become the sixteenth firm to join international labour law network L&E Global.
Employment News — 27 January 2014: in dispute? ‘Without prejudice’ settlement negotiations were inadmissible download
‘Without prejudice’ communications made for the purpose of a genuine attempt to compromise an existing dispute cannot, generally speaking, be put before the court as evidence.
Employment News — 27 January 2014: no deal: claimant’s rejection of offer to settle did not justify costs award download
The claimant was dismissed from her job as a bank branch manager on conduct grounds, following an incident where she had left the branch safe open.
Employment News — 27 January 2014: bare necessities: implied contract between agency worker and client was not necessary download
The claimant in Smith v Carillion (JM) Ltd worked in the construction industry through an employment agency.
This issue includes articles on the CCG Assurance Framework, which sets out the six domains in which NHS England will assess the performance of CCGs.
Pensions issues are going to change, and while the new regime will simplify matters for outsourcing providers, that simplification may come at a cost.
Section 69 of the Enterprise and Regulatory Reform Act 2013 is seen by many as the biggest change to the law on employers’ liability for 20 years.
Court of Appeal cautions employers against blindly accepting an occupational health opinion that employee is not disabled
This decision highlights the pitfalls of relying blindly on the opinion of an OH adviser that an employee is not disabled nor covered by disability discrimination legislation.
Court of Appeal holds that it is not religious discrimination to require a Christian employee to work on Sundays
The Court of Appeal has dismissed the appeal of a care worker that a requirement to work on Sundays amounted to religious discrimination.
Belief in ‘democratic socialism’ can amount to a philosophical belief for the purpose of a religion or belief discrimination
Mr Olivier believed that the Labour party was more than just a political party but that it enshrined a set of core beliefs amounting to ‘democratic socialism’.
Advocate-general’s opinion that holiday pay should include commission — Lock v British Gas Trading Ltd and others
Mr Lock was a sales consultant for British Gas who was paid a basic salary plus commission for sales made in the previous period.
Ministers claim that the national minimum wage is currently outstripped by the rising cost of living and is now worth the same in real terms as in 2004.
April 2014 will see a raft of new employment legislation hitting the statute books — in preparation for the changes, here is a quick overview of what’s in store.
The government has launched a consultation on zero-hours contracts focusing on two key concerns — exclusivity clauses and a lack of transparency.
The landmark decision of the EAT in the Woolworths case is due to be heard by the Court of Appeal at the end of January.
The government has announced how the new system of shared parental leave will work when it comes into force in April 2015.
It has been a long time coming, but the new TUPE regulations are now finalised and set to take effect from 31 January 2014.
This article examines the impact of the Agency Workers Regulations 2010, including a recent complaint by the TUC, which may affect the food sector.
On 10 January 2014, the amendments to the TUPE regulations were laid before parliament. The amendments may well provide new areas for debate.
Nicolas Anelka’s recent alleged anti-Semitic gesture has had significant consequences for his club. What can you do if an employee’s actions cause damage to your business?
Taylor Wessing has launched its third Cambridge newsletter, providing legal news and updates for companies in Cambridge and the surrounding areas.
Managing the risks and costs associated with TUPE can be a real problem when making changes to supply chains.
The use of zero-hours contracts are on the rise in the food industry, both in the food service sector and in food and drink manufacturing.
Eversheds has commented on ACAS’s response to consultation and statutory code of practice for UK employers.
Shoosmiths real-estate specialists have advised McKay Securities on the £6m freehold purchase of 1 Crown Square, Woking.
Employee and executive incentives: an overview of incentive arrangements in the Middle East download
This briefing highlights the benefits of trust-based plans and illustrates the fact that plans can be tailored to meet specific employer or country requirements.
As we start yet another year of change to employment law, Shoosmiths looks at the 10 most important developments in the pipeline.
This briefing highlights the benefits of trust-based share plans and shows how schemes can be tailored to meet employer or country specific requirements.
Executive share plans: guide to executive share plans to motivate a broad range of employees download
This guide highlights the variety of share plans in the market and illustrates the way in which these can be tailored to meet specific requirements as needed.
The pace of change for pension schemes will continue in 2014 and beyond. Nabarro has produced a timeline plotting the main developments it expects.
A client was served with a health and safety improvement notice after failing to provide its local council with a written scheme of examination concerning a coffee machine.
Wragge & Co has been named in lesbian, gay and bisexual (LGB) charity Stonewall’s Workplace Equality List, which ranks the best employers for LGB equality.
As the Acas code on disciplinary procedures makes clear, even if an employee is charged with a criminal offence, that is not normally in itself reason for disciplinary action.
New year, new TUPE download
The final version of the regulations amending the TUPE business transfer and outsourcing regulations has been published.
One size doesn’t fit all: right to return to suitable post is not just a question of job title download
An employee returning to work after additional maternity leave has the right to return to the job in which she was employed or to another job that is suitable.
A number of calls are taken each year from doctors and other clinical professionals reporting that damaging information has been published about them.
The proliferation of electronically stored information is driving legal departments to re-engineer dispute management to improve outcomes and lower risk.
On 25 February 2014, Hogan Lovells is set to hold a late afternoon seminar on retirement issues.
Taylor Wessing’s lawyers from Austria, Germany and the UK explain their respective national approaches to the issue of ex-employees in possession of trade secrets.
In the UK, the government has now confirmed the framework for shared parental leave, which comes into force in April 2015.
Francois Barker of Eversheds has said the delay in imposing a cap on DC default fund charges will ‘hopefully give the government time to get it right’.
Payment for sleeping on the job download
The Employment Appeal Tribunal has considered whether an employee was entitled to the national minimum wage for the hours she spent sleeping at work.
Employers should not rely unquestioningly on OH report in deciding whether an employee is disabled download
Gallop v Newport City Council demonstrates that an OH report cannot be relied on unquestioningly by the employer in deciding whether an employee is disabled.
CJD v Royal Bank of Scotland considered the dismissal of an employee accused of assaulting his partner (who was also his colleague) outside of work.
It will sometimes be the case that an individual will be neither an employee nor a worker and thereby without any protection against unfair dismissal or discrimination.
On 19 December 2013, the Department for Business, Innovation & Skills released a new consultation on the use of zero-hours contracts.
There can be, and often are, disputes between clubs and players regarding the ‘extra’ contractual clauses that are often inserted into contracts.
The realities are that in any football insolvency the creditors (including the players) lose out and the players involved are usually at the lower-level clubs.
Match-fixing cases tend to be messy. They can result in three (possibly four) sets of legal proceedings all running at once.
It is common practice for clubs to ask players to enter into pre-contract agreements. However, are such agreements enforceable?
It is not uncommon for sportspeople to find themselves being ‘benched’ for reasons other than their on-field performance or their off-field behaviour.
A one and a half day Supreme Court hearing is scheduled to begin on 24 March to decide whether LLP members should be protected by whistleblowing legislation.
Hogan Lovells has been ranked 35th in the Stonewall Top 100 Employers 2014 Workplace Equality Index.
The Court of Session has confirmed that the expiry of fixed-term contracts does not trigger the requirement to collectively consult with appropriate representatives.
The government can suspend ‘affiliates’ of a suspended contractor, even though there is no allegation that the affiliates themselves had done anything wrong.
After many promises and debates, and much activity, the TUPE regime is changing (in the main) on 31 January 2014.
Eversheds has featured at number 45 in the Stonewall Workplace Equality Index 2014, up seven places from last year.
DLA Piper’s head of global equity, Dean Fealk, has been appointed to the Northern California DEC.
Employers wanting to avoid or manage industrial action would do well to consider the following points.
Allen & Overy has advised Link Market Services in connection with the acquisition of Registrar Services, based in Frankfurt, from Deutsche Bank.
The European Banking Authority has approved the draft regulatory technical standard on the definition of material risk takers.
Wragge & Co’s public companies team has completed the reverse takeover of AIM-quoted cloud service provider Nasstar.
All private sector employers must give written notice of wage rates to all New York employees, both exempt and non-exempt, by 1 February of each year.
Eversheds’ Pensions Agenda summarises 10 key issues that UK pension plans and plan sponsors need to be aware of.
When key employees leave to join a competitor, employers often risk losing other team members to the new employer too.
The High Court has recently confirmed that the so-called ‘last-straw’ doctrine applies to employers as much as it does to employees.
Hogan Lovells has announced that it is participating in the OnRamp Fellowship, a programme aimed at facilitating the re-entry of experienced female lawyers.
Hogan Lovells is set to host a webinar on employment law changes on 22 January 2014.
In the recent case of BS v Dundee City Council, clarification has been given on the correct test employers should apply to long-term health dismissals.
HM Revenue & Customs has proposed to tighten up the rules allowing members of a limited liability partnership to be treated as self employed.
The thorny issue of the drafting of conditions went before the High Court in R (oao) Teresa Sienkiewicz v South Somerset District Council and Probiotics International Ltd.
In August 2010, the claimant in Rooney v Dundee City Council was involved in an incident where she had disregarded an express instruction from a senior employee.
The High Court in East England Schools CIC v Palmer was looking at the enforceability of the non-solicitation and non-dealing covenants.
Health Alert — 13 January 2014 download
DLA Piper has released the 13 January 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
This year, the SEC is intent on bringing record numbers of financial reporting cases and has some new tools and resources to enable it to do so.
Law à la Mode — 2013–14 download
DLA Piper has published the winter edition of Law à la Mode, which includes a review of the potential pitfalls and opportunities when franchising in the UAE.
In this video training session, members of the Nabarro employment team update you on new rights for agency workers, which came into force on 1 October 2011.
We are well positioned to advise corporations about compliance with new legislation and to represent individuals and companies subject to investigation and prosecution.
Bosman: Marc II? — restrictions on ability of footballers to move between clubs ‘infringes their human rights’ download
On 17 December 2013, FIFPro announced its intention to launch a challenge against the football transfer system.
2014 deadlines approach to furnish incentive stock option and employee stock purchase plan information statements and returns download
Section 6039 of the Internal Revenue Code requires a corporation to furnish a written statement to certain employees or former employees.
On 6 January 2014, workers at a Goodyear factory in Amiens, ‘boss-napped’ two directors over plans to close the site. Shoosmiths consider the factors that led to this.
Eversheds has launched an online auto-enrolment compliance tool for employers that are due to reach their auto-enrolment staging date in 2014 and beyond.
We are regularly instructed by disciplinary authorities and respondents in proceedings dealing with the full spectrum of professional misconduct.
We are experts in coronial law and appear in inquests as well as claims for judicial review of coroners’ decisions.
Building on its experience and reputation in criminal cases, Three Raymond Buildings is regarded as a leading set in health and safety and fire safety work.
Back to 2013 — Luxembourg newsflash download
Arendt and Medernach has released a short flashback intended to enable you to keep track of the main legal trends that marked 2013.
Allen & Overy (A&O) has hired a partner from French employment boutique Flichy Grangé Avocats to head up its Paris employment and benefits team.
The crucial point about these proposed changes is that they will apply to all EMI options, not just those granted from the dates that the changes have effect.
Another case has challenged ‘well-established principles’ regarding companions, this time in the context of constructive dismissal.
Hogan Lovells has announced the promotion of 29 new partners, effective 1 January 2014.
Following an information gathering period that took place in late 2013, the government has launched a formal consultation on the use of zero-hours contracts.
Legal prompts — January 2013 download
Jinga Maravela looks at four recent legal rulings, including the updating of the national minimum gross wage and the postponed entry into force of the Civil Procedure Code.
In July 2013, the EAT held that an employee’s choice of companion for a hearing does not need to be ‘reasonable’ but that compensation for a breach of the right was likely to be low.
In a KPMG survey of 60 executives, 90 per cent indicated that the number of cross-border investigations have either increased or remained the same over the last year.
The UK government announced two main anti-avoidance provisions in its Autumn Statement last month.
Employers should review the forum selection and choice of law clauses in their employment and non-competition agreements following a recent Supreme Court decision.
Moran v Ideal Cleaning Services Ltd was a claim made by individuals employed by one company but placed with another company as cleaners.
In this briefing, Mills & Reeve takes 10 key areas of employment law and looks back on developments in 2013 that are likely to have continuing significance.
The arrival of 2014 has already ushered in major reforms to New York’s employment law landscape, with broad ramifications, particularly for New York City employers.
This video webinar from the Nabarro employment team focuses on the grievance process, workplace disputes and the use of mediation.
This podcast, featuring Vivien Cockerill, head of pensions at Wragge & Co, offers a pensions update for January 2013.
New legislation presents challenges to investors as the Hungarian government advances its ‘unorthodox’ political agenda download
Since its election in 2010, the Hungarian government has used its parliamentary majority to pass much legislation — 223 new laws in 2012.
DLA Piper has been recognised as one of the best law firms for lesbian, gay, bisexual and transgender (LGBT) equality by the Human Rights Campaign.
Audrey Williams, partner at Eversheds, has commented following news that the number of whistleblowing tip-offs in the UK has risen.
Winckworth Sherwood has released its December issue of Heads Up, which discusses the issues that faced education throughout 2013.
The Department for Business, Innovation & Skills has published the Seventh Statement of New Regulations (covering the period January to June 2014).
The advocate-general has issued an opinion on how to calculate the holiday pay of employees who are paid by way of basic salary plus regular sales commission.
The Court of Appeal has confirmed that employers must make their own factual judgments on whether employees are disabled for the purposes of discrimination legislation.
Law Society staff have been clobbered with a special holiday treat from senior bosses – they are being forced to take annual leave between Christmas and New Year in a move lawyers speculate could be challenged in court.
Hogan Lovells’ Johannesburg office has achieved a level-two BEE accreditation — the only major South African law firm to achieve such a high rating.
In almost all circumstances, workers are entitled to receive a wage that is no less than the current national minimum wage rate for each hour of work.
Corporate lawyers at Walker Morris have advised the management team of Yorkshire-based UK Wealth Management on its acquisition by Ashcourt Rowan.
In this final instalment, Thomson Reuters looks at the steps a new general counsel can follow in order to make a significant impact in the legal department.
Osborne Clarke’s employment head David Cubitt has been elected as the firm’s new London chief.
Simon Rice-Birchall, partner at Eversheds, has said that after discussion over the potential abuse of zero-hour contracts, employers should expect some change to come.
In December, the DC Council unanimously passed a bill that would incrementally increase the minimum wage in the district to $11.50 by 2016.
Individual imprisonment download
There has been a 400 per cent increase in prosecutions of directors and managers under section 37 of the Health and Safety at Work Act 1974 over the past five years.
In Woodland v Essex County Council the Supreme Court reviewed the law on non-delegable duties of care and set out the criteria when a non-delegable duty arises.
The pensions regulator has issued guidance on asset-backed contributions arrangements (ABCs).
We began the year with the final chapter in the long-running series of cases on manifestation of religious belief.
This year brought changes to the legislative provisions governing collective redundancy consultation.
There has for some years now been a campaign to include protection against caste discrimination in equality legislation.
Once again, the long-running saga of how to deal with holiday leave entitlement for those on sick leave featured this year.
One area of employment law that has seen little statutory change in 2013 is discrimination.
On 8 March 2013, the amount of unpaid parental leave that can be taken per parent, per child, increased from 13 to 18 weeks.
The controversial concept of ‘employee shareholder’ employment status has been a hotly fought point in the game of ‘ping pong’ between the House of Commons and the House of Lords.
Does the fact that a person is obese mean they are, or could be, ‘disabled’ for the purposes of the Equality Act 2010?
The EAT has held that the Agency Workers Regulations only apply to workers supplied by a temporary work agency to work temporarily for the end user.
This year the Court of Appeal confirmed that differences in severance payments on voluntary redundancy between older and younger workers was not unlawful age discrimination.
The good news for employers is that the EAT has confirmed that a minor procedural flaw does not necessarily render a dismissal unfair (Buzolli v Food Partners Ltd).
Stress at work download
The effect of stress at the workplace has long been considered a taboo subject and one that people have been reluctant to address.
Following Prof Löfstedt’s review of health and safety legislation in the UK, a number of changes were introduced to address some of the concerns that had been identified.
This brief provides a condensed summary of the key changes brought about by the Incentives for Job Makers Act 2013.
Hopes raised last year of simplifying the required content of compromise agreements have come to nothing; instead we merely got a name change.
Tribunal fees became a reality on 29 July. This is a historic change to the system that has until now been free for end users.
Employment law 2013 review: TUPE download
TUPE reform has long been part of the government’s proposals to cut red tape.
Another area in which the legislative draftsmen have been busy is whistleblowing, a convenient if emotive description of a member of staff reporting malpractice in his or her organisation.
An office party that goes off the rails is a real source of employee complaints, workers compensation claims, damaged collegial relationships and even litigation.
An employee may want to record a conversation in the workplace for any number of reasons.
The pace of change in employment law shows no signs of abating next year. Addleshaw Goddard reports on the key developments expected in 2014 and beyond.
The Fair Work Commission’s new workplace bullying regime commences 1 January 2014 — employers be prepared.
The termination of a long-time employee of the Department of Defence was unfair, even though his conduct in sending pornographic emails was a valid reason for dismissal.
The line between conduct that may be said to have taken place within or outside the workplace is often quite blurry.
The Fair Work Commission has found in favour of an employer in a dispute about a flexible working arrangement.
The Fair Work Commission has held that a fixed-term employee sacked before the specified end date in her contract was entitled to pursue remedies for unfair dismissal.
Tax Newsletter — November 2013 download
Jinga Maravela has released the November edition of its Tax Newsletter, which sets out in chronological order the main tax news/amendments published in the period 1—30 November 2013.
Employers managing employees on sickness absence need to be careful of unquestioningly relying on occupational health assessments.
Employment Law Review 2013 download
Addleshaw Goddard takes stock of some of the most important legislative developments and proposals from the year and highlights some key decisions from the courts and tribunals.
The November/December 2013 edition of the Employee Incentives Alert has been published by Addleshaw Goddard.
Careworkers should be paid the national minimum wage for every hour of a sleep-in, even when they are asleep download
This is what the Employment Appeal Tribunal has decided in the recent case of Mrs J Whittlestone v BJP Home Support Ltd.
ACAS has published proposals to change its code of practice on disciplinary and grievance procedures as a result of a surprise EAT decision earlier this year.
Hogan Lovells has detailed the developments expected in employment law in 2014.
Commission accounted, on average, for some 60 per cent of the monthly pay of the claimant in Lock v British Gas Trading Ltd, a sales consultant.
The issue in Gallop v Newport City Council was ‘what is required for an employer to have knowledge of an employee’s disability?’
Pensions Priorities: case — European case may open door to challenge to pension exemptions from anti-age discrimination laws download
For pensions which are inherently age-related, a number of exemptions have been written into the UK enabling legislation.
Pensions Priorities: other developments — Regulator issues warning regarding employer contributions under DB scheme’s recovery plan download
When an employer leaves a defined-benefit pension scheme, it may be required to pay a debt under section 75 of the Pensions Act 1995.
Pensions Priorities: law reform — changes provide some flexibility to employers fulfilling their auto-enrolment obligations download
Some key provisions have been taken forward by way of the Automatic Enrolment (Miscellaneous Amendments) Regulations 2013.
Pensions Priorities: law reform — DWP consults on changes to charges in workplace defined-contribution pension arrangements download
The DWP’s consultation on charges in relation to defined-contribution pensions sets out a number of proposals for how charges in relation to such schemes should be dealt with.
Pensions Priorities: other developments — proposed levy may hit employers, members and insurers download
The European Parliament has proposed that the European Insurance and Occupational Pensions Authority should be funded independently.
Pensions Priorities: other developments — HMRC tightens its procedures to address pensions liberation issues download
The July edition of Pensions Pieces included an article about an issue that continues to dominate much of the pensions press — pensions liberation.
Pensions Priorities: law reform — new reporting requirements on directors’ remuneration for UK quoted companies download
Legislation came into force on 1 October 2013 that introduced a new legal framework for reporting on directors’ remuneration.
The government has published a formal consultation document (the DA Consultation) with proposals for a regulatory framework.
Pensions Priorities: law reform — change to the statutory definition of ‘money purchase benefits’ download
The regulation surrounding defined benefit pension schemes is immense, and has increased significantly over the last two decades.
Ms Chaloner was employed by Somerset Council as deputy director of Dillington House, an adult education and conference centre owned and run by the council.
Recent Australian privacy reforms will significantly affect offshore share incentives for Australian employees download
The changes to the Privacy Act 1988 (Cth) significantly increase the obligations imposed on an offshore parent or related entity that collects or deals with personal information from Australian employees.
The EAT has upheld a decision that ECFRS was not reasonably expected to know (from a legal perspective) that one of its employees was disabled.
Test for constructive dismissal download
The EAT has emphasised the correct test for determining whether an employee has resigned in response to fundamental breaches by his or her employer.
It is not outside the scope of reasonable adjustments to require an employer to fund private medical treatment download
The decision by the Employment Appeal Tribunal in Croft Vets v Butcher may be surprising and even alarming to employers.
The Court of Appeal has upheld a decision that a voluntary redundancy scheme, which benefited older employees over younger ones, constituted unfavourable treatment on the grounds of age.
In its changes to the Human Rights Act 1981, Bermuda’s parliament has added sexual orientation to the list of defined characteristics protected from unlawful discrimination.
Bristows has published its Up Close and Personnel newsletter for December 2013.
In Neal v Freightliner Ltd, the Employment Tribunal looked at the payment of overtime during a worker’s statutory holiday leave.
A KPMG survey indicates that while many large companies acknowledge corporate responsibility risks, their executives are not incentivised to manage these effectively.
This edition of snapSHot summarises some of the key legal and regulatory developments that occurred during November in relation to occupational pension schemes.
The rules surrounding the calculation of holiday pay are notoriously complex and have resulted in a number of claims before the Employment Tribunal.
The Occupational Safety and Health Administration of the US Department of Labor proposed a new rule which will require employers to electronically report injury and illness data on a quarterly basis.
An issue that comes up fairly regularly in redundancy selection is whether employers must consider all employees in similar roles or whether they can opt for a ‘pool of one’.
Hibbett v The Home Office is another case on the duty to make reasonable adjustments for an employee with a disability.
The introduction of compulsory pre-tribunal claim conciliation and forthcoming changes to the transfer of undertakings regulation download
This year saw a raft of changes to employment law being introduced by the coalition government and 2014 will be no different.
Michael Rawlinson QC of Kings Chambers was instructed to admit breach of duty but deny causation on a novel basis in A v Avalon Solicitors.
The authors analyse two decisions by the US Supreme Court that narrow the circumstances under which employers can be held liable for retaliation or harassment claims under Title VII of the Civil Rights Act of 1964.
Autumn Statement 2013 download
Following the release of the Autumn Statement, Taylor Wessing has summarised some of the main announcements.
The government has approved the repeal of the Social Security (Categorisation of Earners) Regulations 1978 to the extent that they relate to entertainers.
A tribunal decision that required a committed Christian to work on a Sunday on an occasional basis in accordance with her contract of employment did not discriminate against her.
In D.R. Horton, Inc. v NLRB, the US Court of Appeals for the Fifth Circuit overturned a controversial NLRB decision regarding class- and collective-action waivers.
This is an important decision that is helpful to administrators wishing to cut costs to avoid closure of a business pending its sale as a going concern.
Managing actual or potential conflicts of interest is essential for every professional.
The Court of Appeal has ruled that a children’s centre did not discriminate against a former Christian employee by requesting that she work on Sundays.
Anthony Korn says statutory framework details ‘must change’ to encourage employees to report wrongdoing.
The November 2013 edition of the Employee Incentives Alert has been published by Addleshaw Goddard.
The Chambers UK Bar Guide has ranked No5 Chambers in 15 practice areas.
The government has confirmed that it will introduce a new system of shared parental leave by April 2015.
The UK’s living wage recently increased by 20p to £7.65 an hour outside of London and by 25p to £8.80 per hour in London. This equates to a pay rise of more than £450 for Londoners working full time.
In mid-November 2013, ASIC released a consultation paper in relation to the relief for employee share schemes from the disclosure (prospectus/PDS) and licensing requirements of the Corporations Act.
Governance News — 3 December 2013 download
Governance News from Minter Ellison summarises the top headlines in corporate governance this week.
Is an employer obliged to make reasonable adjustments in respect of an employee who is not herself disabled, but who has caring responsibilities for a disabled person?
The EAT has held that an employee’s self-diagnosis is not necessarily conclusive.
The High Court has granted an interim injunction to enforce a garden leave clause in a stockbroker’s employment contract, so as to force him to stay at home for the duration of his 12-month notice period.
The government has published its response to the consultation on the administration of the new shared parental leave and pay system to be introduced in 2015.
Dismissals of football club employees shortly before sale of the club by the administrator not automatically unfair download
The Court of Appeal has found that dismissals of football club employees shortly before a sale of the club by the administrator were not automatically unfair under Regulation 7 of TUPE 2006.
In this briefing, Taylor Wessing looks at the termination process for senior executives in various countries.
This is the second of two looks at new measures being introduced by the Revenue to crack down on what it perceives as the use of partnerships for tax avoidance purposes.
Karanovic & Nikolic’s employment and dispute resolution practice groups have teamed up to hold a business breakfast.
Audrey Williams, partner at Eversheds, has said that shared parental leave will require careful management by employers and employees.
Amendments to the auto-enrolment legislation to take account of practical experience came into force at the beginning of this month.
The government has issued a response to its consultation on the administration of shared parental leave and pay.
This collection of briefings covers key employment law developments and will bring you up to date with what is happening both in terms of new legislation and relevant case law.
Labour market testing was introduced as a mandatory requirement for all standard business sponsors who wish to nominate a position under the 457 visa programme.
Audrey Williams, partner at Eversheds, has commented on a report of the findings of a Whistleblowing Commission conducted by the charity Public Concern at Work.
With the John McCririck age discrimination case hitting the headlines, Wragge & Co experts look at this case alongside other age discrimination developments this year.
Pensions news — November 2013 download
Nabarro has released the October 2013 issue of its Pensions Update, which discusses money purchase benefits among other topics.
ASIC is proposing to update and broaden its current employee share scheme class-order relief and regulatory guidance in response to developments in market practice and the need for clarity.
Research from KPMG reveals that many organisations take a narrow approach to talent management — one that is steadily weakening their competitiveness and agility.
Twelve Walker Morris volunteers have been participating in the seventh Leeds Law Society’s Education Week.
Nabarro’s quick guide shows you how auto-enrolment will affect your business and provides you with a list of your obligations.
Simon Rice-Birchall, partner at Eversheds, has commented on a report highlighting perceived UK deficiencies in whistleblowing protection for employees.
Whistleblowing in Luxembourg download
Whistleblowing is the process of reporting wrongful, unethical or unlawful behaviour or misconduct internally or externally, i.e. to a third-party organisation.
Age-related contribution rates to an occupational pension scheme can be objectively justified download
The Equality Act 2010 prohibits discrimination against an individual based on their age. However, there are a number of statutory exemptions in the UK that apply to this overriding principle.
This briefing from Wragge & Co sets out an overview of the draft regulations and a table summarising the key amendments.
Shoosmiths came first in the Best Vacation Scheme, Best Vacation Scheme — National Firm; and Best for Training — Vacation Scheme categories at the AllAboutLaw awards.
Following a decision that John McCririck did not suffer age discrimination when he was replaced as a TV racing pundit, what steps can employers take to guard against similar claims?
The High Court has granted an injunction to keep an employee on garden leave for the whole of his 12-month notice period.
This advisory is directed to stations in Alabama, Colorado, Connecticut, Georgia, Maine, Massachusetts, Minnesota, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota and Vermont.
A contract for insulation work on boilers at a power station was originally granted to Kitsons in December 2010.
In Cleeve Link Ltd v Bryla, the EAT considered whether a repayment clause relating to certain recruitment costs incurred by the employer in hiring the employee was unenforceable as a penalty.
The claimant worked as a beauty consultant in airside duty free at Heathrow Airport and formed a limited company.
HMRC EBT settlement opportunity download
It is clear from HMRC’s highly publicised recent settlement with JP Morgan Chase that settlements can be made on extremely advantageous terms.
The Pensions Regulator’s new Code of Practice no. 13, ‘Governance and administration of occupational defined contribution trust-based pension schemes’, has come into force.
Pensions News — October 2013 download
DLA Piper has released its latest Pensions News publication, which reports on recent developments in pensions legislation, guidance and case law.
The DWP has issued draft regulations for consultation. This follows the change in the statutory definition of money purchase benefits, due to come into force next year
Unions target tech companies’ outside vendors: four action points when your company is caught in the middle download
Since the technology company does not employ the individuals performing the services, it has nothing to worry about from labour unions seeking to organise them. Right?
Making dismissals on an administration and impact of TUPE — Walker Morris represents Crystal Palace FC at the Court of Appeal
Crystal Palace FC went into administration in January 2010 to avoid the prospect of liquidation.
While the majority of the Stronger Super reforms have now commenced, a number of changes are due to come into effect at the end of 2013.
Workplace guides in place for start of Australian anti-bullying laws in 2014 — replacing proposed Code of Practice download
After two rounds of public consultation, Safe Work Australia has determined to release its draft Code of Practice on Preventing and Responding to Workplace Bullying in the form of a guide.
Hogan Lovells and South African law firm Routledge Modise have announced the approval of their respective partnerships to combine their firms.
Audrey Williams has commented on the recent vote by the European Parliament in favour of a directive to boost the presence of women in Europe’s boardrooms.
The anti-retaliation provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act only confer protections to whistleblowers who report conduct to the SEC.
Eversheds has been named as one of the top 10 private sector organisations for racial diversity and inclusion by Race for Opportunity
DLA Piper has advised the Cabinet Office on the creation of SSCL, a joint venture between HM Government and Steria.
Employee health can be a significant source of risk for any business and employers increasingly seek help from medical professionals in managing such risk.
Earlier this year, the DWP consulted on proposals to ‘consolidate, harmonise and simplify’ the existing disclosure regime.
In the third update of 2013, Wragge & Co’s private equity specialists comment on key issues and recent developments affecting the sector.
Eversheds believes that the launch of a FTSE-compliant UK Employee Ownership Index is a positive step but says there is much still to be done.
The judgment that brought an end to the Mondadori affair offers an opportunity for some reflections on the issue of damage due to loss of chance.
Dismissals as a result of a business transfer will not be automatically unfair under TUPE where the reason is economic, technical or organisational.
This is the first of four articles summarising the general duties and potential liabilities of a director of an English private company (which is not in a group with a PLC).
This is the second of four articles summarising the general duties and potential liabilities of a director of an English private company (which is not in a group with a PLC).
This is the third of four articles summarising the general duties and potential liabilities of a director of an English private company (which is not in a group with a PLC).
This article provides guidance for companies offering internship programmes when considering whether or not to pay NMW.
The defendant in JM Finn & Co Ltd v Holliday, a stockbroker, resigned with the intention of joining a competitor as soon as he could.
The claimant was employed as company secretary of a company where there had already been redundancies.
This is the fourth of four articles summarising the general duties and potential liabilities of a director of an English private company (which is not in a group with a PLC).
Double counting and pensions download
The Pensions Regulator issued a statement on 25 October 2013 warning against ‘double counting’ in defined-benefit pension schemes.
Goodman Derrick has received recommendations in all of its core commercial practice areas from Chambers & Partners and The Legal 500 in 2013.
Lawyers from DLA Piper in Kyiv have contributed to the World Bank’s 2014 Doing Business report, looking at the local market in Ukraine.
Eversheds has been appointed as legal adviser to the Cell Therapy Catapult, a UK centre of excellence in cell therapy, following a competitive pitch process.
Kavanagh v Crystal Palace FC centred on the interpretation of provisions of the Transfer of Undertakings Regulations 2006 (TUPE).
Despite 20 states allowing the use of medicinal marijuana and two more allowing recreational marijuana use, employers remain unaffected.
It is now illegal in New York City for employers to discriminate against job applicants based on their employment status.
We advise on all aspects of UK employment law, whether in the context of a merger and acquisition, resolving disputes between employer and employee or drafting contracts.
Nabarro has released the November issue of its financial sector update.
Nabarro has released its 10th Clarity Guide, which discusses the revised draft Code of Practice on the governance and administration of trust-based DC schemes.
From 1 January 2014, a person who reasonably believes they have been bullied at work will be able to apply directly to the Fair Work Commission for orders to deal with the bullying.
The Court of Appeal has declined to introduce the detailed guidelines on awards for injury to feelings for discrimination into the DPA regime.
The EAT has considered whether a successful internal appeal could ‘cure’ an initial decision to refuse an employee’s flexible working application that was indirectly discriminatory because of sex.
Shambolic redundancy scoring was an honest attempt to be fair: Osoba v the Chief Constable of the Hertfordshire Constabulary download
In Osoba v the Chief Constable of the Hertfordshire Constabulary, the EAT was not convinced that police officer Miss Pritchard had any discriminatory intentions.
The EAT has ruled in the case of Blackburn v Aldi Stores that a failure to provide an impartial grievance process can amount to a breach of the duty of trust and confidence.
Sports lawyers at Walker Morris have won a major employment legal case in the Court of Appeal for Crystal Palace FC.
Second Circuit: in-house counsel may not seek to profit as whistleblowers against former employers download
The US Court of Appeals for the Second Circuit has issued an important ruling restricting in-house counsel from acting as whistleblowers in litigation against their current or former employers.
Hogan Lovells has advised Astronics in relation to the acquisition of French company PGA Electronic.
Governance News — November 2013 download
Minter Ellison’s Governance News provides a synopsis of its weekly summary of corporate law and governance developments in Australia and overseas.
Last year, the High Court heard the first case about which occupational pension scheme rights transfer on an asset sale when the TUPE regulations apply since Beckmann and Martin.
The automatic-enrolment regulations have the effect of preventing members of defined-contribution automatic-enrolment schemes being forced to pay consultancy charges.
SARs are often used as a mechanism for pre-action disclosure by current or former employees for the purposes of actual or intended litigation.
The Equality and Human Rights Commission will be undertaking a comprehensive research project into the scale of pregnancy and maternity discrimination in the workplace.
KPMG Capital is an investment fund created to accelerate innovation in data and analytics that will help clients of member firms unlock tangible value of their big data.
The claimant in The Environment Agency v Donnelly suffered from osteoarthritis and spondylitis, affecting her knees, back and hip.
The Deputy Pensions Ombudsman held that an insolvent employer should pay certain outstanding pension contributions, plus interest.
The EAT decision in USDAW v Ethel Austin Ltd (in administration); USDAW and anor etc sent shockwaves through the legal and HR professions.
The recent changes to the Workers’ Compensation and Rehabilitation Act 2003 (Qld) have generated debate.
Wragge & Co recently hosted an evening of networking for 100 students and young people interested in a career in law.
Wragge & Co is named a National Leader in the new Chambers UK 2014. The firm’s construction, employment, intellectual-property, planning and real-estate teams are all listed.
A Scottish health board has been fined £32,000 after being found guilty of failing to ensure the safety of a worker who was physically attacked by a patient with mental health issues.
Clifford Chance has elected a new global tax, pensions and employment (TPE) head to replace outgoing chief David Harkness.
Energy company KCA Deutag has appointed Pinsent Masons to its panel for employment and property across three jurisdictions in the first step of an ongoing panel review process.
Most employers have a certain standard of dress in the workplace, whether enforced through contractual terms or through customary practices.
Poland’s Supreme Administrative Court has referred an issue concerning the taxation of ‘benefits in kind’ to the Constitutional Tribunal.
Ignorance of the law is no defence download
However you feel about the Shoesmith case, says Melissa Paz, it is simply wrong to say that her reported £600,000 settlement sum was for ‘unfair dismissal’.
Mills & Reeve has released the November 2013 issue of its Health Legal Update.
On 31 October 2013, the IRS issued guidance relaxing the use-or-lose rule applicable to health FSAs under employers’ cafeteria plans.
Addleshaw Goddard has announced the hire of Nigel Francis, former head of litigation and employment at Minter Ellison, as head of its associated Hong Kong law firm operations.
A report by KPMG has revealed that culprits are predominantly employees colluding with others outside the organisation.
Tribunal fees challenge download
Unison is challenging the decision by the Ministry of Justice to start charging fees in employment tribunals for the first time.
TUPE: but not as we know it? download
The government has launched a consultation paper indicating that it proposes to remove the SPC provisions altogether.
Taylor Wessing has advised Inflexion Private Equity Partners on the secondary buyout of Cablecom Network Holdings.
The duty on employers to make reasonable adjustments for employees with disabilities has a frequent topic this year. This week there are another two cases on this difficult area.
In order to establish protection under the whistleblowing legislation, employees first have to show that they have made a ‘qualifying disclosure’.
Goodman Derrick’s employment team will hold a breakfast seminar that will review the key employment decisions made during the course of 2013.
The UK Border Agency has updated its guidance for employers on preventing illegal working in the UK.
Research published by the CIPD in August has indicated that there are around one million people in the UK working under zero-hours contracts.
Draft legislation amending TUPE and the law relating to collective redundancies has now been published and is expected to come into force in January 2014.
Given its long lead in, one would think that everyone was ready for auto-enrolment. In reality, it appears not to be the case, as the Pensions Regulator has issued its first compliance notice.
Wragge & Co provides a summary of changes that will apply to workplace pensions form 1 November 2013 and 1 April 2014.
The decision concerned an application by one defendant to have court proceedings that had been started to prevent a Pensions Ombudsman investigation struck out as an abuse of process.
DC pensions — all change download
A closer look at the proposed new requirements and initiatives in relation to workplace defined contribution pension arrangements
The EAT has confirmed that a single employee can be an ‘organised grouping’ of employees.
New financial penalties for employers who lose employment tribunal claims coming into force on 6 April 2014 download
The Enterprise and Regulatory Reform Act 2013 includes a provision giving employment tribunals discretionary powers to levy financial penalties against employers who lose claims.
New Fair Deal published download
This week the government published Fair Deal for Staff Pensions: staff transfer from central government, which replaces Fair Deal guidance last updated in 2004.
The MoJ has published ‘ad hoc’ statistics revealing information on the number of Employment Tribunal claims received by HMCTS in the months July to September 2013.
Is it possible for an employer to 'cure' indirect sex discrimination by an internal appeal process? download
The EAT has held that an employee did not suffer indirect sex discrimination where, at an internal appeal stage, her employer reversed its earlier decision to reject her flexible working request.
Immigration law update download
The UK Border Agency has published an updated version of its guide for employers on preventing illegal working in the UK.
The government’s Business Taskforce has recently published its proposals on legal reforms designed to address various barriers to business.
In reality, the guidance does not tell us much that we did not already know. One point, however, is worth noting.
When key employees leave to join a competitor, employers often risk losing other team members to the new employer too.
The October 2013 issue of Nabarro’s Health and Safety newsletter is now available.
The CJEU has ruled in the case of PPG Holdings BV (PPG) (C-266/12) that an employer is entitled to recover VAT on services procured by the employer for the management and operation of its pension fund.
VAT recovery: the economic link download
As is often the case with buses, a second important case on input tax recovery has come along shortly after another.
European courts are divided over the rights of parents of surrogate babies to take paid leave
Employee shareholder status download
As from 1 September 2013, companies are now able to enter into employee shareholder agreements with employees.
The latest edition of Chambers UK has placed Mills & Reeve in the top five law firms in the UK, based on the number of top-ranking practice areas.
There have been a number of developments on the workplace bullying reforms since May.
Bermuda is well placed to benefit from increased life expectancy rates that have some employers seeking to restructure the pension entitlements of their employee members.
The government has published its response to the consultation on reform of the TUPE Regulations 2006.
The recent case of Toal and Others v GB Oils Ltd reminds us of the extent of an employee’s right to choose his or her companion in grievance proceedings.
This article provides some guidance about the obligation to bargain in good faith under the Fair Work Act 2009 (Cth) (FW Act).
Having taken account of the consultation responses, the TUPE reforms that the government is now proposing are considerably less radical than those it was originally considering.
Eversheds has commented on a DWP paper that sets out proposals to cap the charges levied by default funds under qualifying DC schemes.
Pensions Update — October 2013 download
Nabarro has released the October 2013 issue of its Pensions Update, which discusses automatic enrolment among other topics.
Machine safety download
There are dozens of deaths and more than 40,000 injuries each year related to the use of machines.
DLA Piper’s Wilmington office has received the Christopher J Battaglia Memorial Award, which was presented at the Delaware State Bar Association’s annual pro bono awards.
Landmark Chambers’ Nathalie Lieven QC has defeated Blackstone Chambers’ James Eadie QC in the Supreme Court in a battle over the legality of the Government’s ‘back to work’ scheme.
The major change in the SOPA Amendments is the insertion of time limits.
It is not surprising that at this year’s party conference season, the focus has turned to the part government intervention can play to increase real wages.
Safe Work Australia’s Bullying Code marks the first meaningful development in work health and safety law for employers in ‘safe’ industries and office workers for many years.
Baker & McKenzie has turned to Gleiss Lutz for the hire of employment partner Burkard Göpfert.
The DMP has highlighted that it will focus on investigating serious incidents with a view to potential prosecutions and 10 key areas in the 2013–14 year.
For unfair dismissal purposes, the question ‘is there a redundancy?’ has to be answered in two parts.
In July the EAT came to the unexpected conclusion that an employee’s choice of companion for a disciplinary or grievance hearing does not need to be ‘reasonable’.
This guide addresses the issues that arise when an exempted company seeks to establish a physical office in Bermuda.
Thirty-seven per cent of employers in the voluntary sector make use of zero-hours contracts — a significantly higher proportion than either the public or private sector.
Memery Crystal provides practical and commercial strategic advice to employers and employees on all aspects of employment law.
New York employers are not required to provide indefinite leave as an accommodation under the state disability discrimination law, but they may be required to do so under the broader New York City law.
Goodman Derrick has announced the appointment of employment law partner Helen Brooks and solicitor Will Clift.
Health and safety in the workplace involves two different branches of the law, civil and criminal, as well as both corporate and personal responsibility.
On 23 October 2013, the Supreme Court handed down its judgment in the long-running case of Woodland v Essex County Council and in the process rewrote the common law.
NCTM has advised Venice Holdings, a company controlled by the Rhone Capital fund and owned by the Silvestrini family, on an investment agreement with Dixons.
The employment team at Nabarro has hosted two roundtable breakfast seminars providing a high-level update on key employment law reforms.
New York State now allows employers to make payroll deductions for inadvertent overpayment of wages download
Section 193 of the New York Labor Law proscribes an employer’s right to make deductions from its employees’ paychecks with very limited exceptions.
This guide explores the steps that need to be considered in relation to a claim for age discrimination and notes the legitimate aims that have been recognised.
The CJEU has ruled that an employer is entitled to recover VAT on services procured by the employer for the management and operation of its pension fund.
The dismissal of three employees for sending pornographic emails over a work email system was unfair, despite the employees having clearly breached the employer’s policy.
Victorian Supreme Court considers interaction of employment policies and procedures and the employment contract download
Non-compliance by the employer will not necessarily be found to constitute a breach of contract, even where an employment contract expressly incorporates policies and procedures.
The FCC has rejected two former Virgin employees’ claims that they were selected for redundancy because they had exercised workplace rights under the Fair Work Act 2009 (Cth).
Provision of accommodation is not 'payment' that may be withheld if protected industrial action is taken download
The High Court of Australia has held that the provision of accommodation to employees does not constitute a ‘payment’ to those employees.
The Federal Circuit Court of Australia has refused to issue an interlocutory injunction to prevent an employee’s dismissal for making comments and criticisms on Twitter.
Paul Fontes, partner at Eversheds, has commented on the news that the majority of UK bankers expect to receive a larger bonus in 2013.
DLA Piper has appointed Pilar Menor as the firm’s managing partner in Spain. Pilar is head partner of the employment group at DLA Piper Madrid.
Christian Bayart and Ilse Bosmans of Allen & Overy have written a chapter on employment issues in the compilation International Outsourcing Law and Practice.
The EAT has considered whether the tribunal at first instance should have taken into account a claimant’s post-termination conduct when determining his award of compensation.
Mrs Whiteley (the claimant) commenced employment with HMRC on 23 October 1978 and was still employed when this case was heard.
The EAT has held that where an employer has found an employee to have committed gross misconduct, it is not automatically reasonable to dismiss that employee.
DLA Piper has moved its New Jersey office from Florham Park to the Class A office building at 51 JFK Boulevard in Short Hills.
The Federal Court of Australia has issued fines totalling $1m to 117 construction workers who went on strike against Australian Industrial Relations Commission orders.
$100,000 payout for employee sacked for failing competency test while suffering from PTSD and depression download
The Federal Circuit Court of Australia has awarded a train driver $100,000 after he was sacked while suffering from post-traumatic stress disorder and depression after a crash.
The Fair Work Commission has released a draft unfair dismissal practice note, which will be open for public consultation until 25 October 2013.
Enterprise agreement dispute resolution procedures must be carefully followed before going to the FWC with a complaint download
The Fair Work Commission (FWC) has held that it did not have the jurisdiction to settle a dispute where the parties’ own dispute resolution procedures had not been followed.
The claimant, a government administrative officer, took voluntary redundancy at the age of 26.
The claimant in Somerset County Council v Chaloner had been the deputy director of an education centre run as a business by the council.
The claimant had been employed as a security guard by a security company for just more than two years. He was recruited, with another employee, to cover 102 hours at a Morrisons store.
Geoffrey Mead, partner at Eversheds, believes that a forthcoming tribunal fees challenge could be costly for the UK government.
For many emerging companies, the road to a global workforce is paved with potholes.
Guidance (and a touch of solace) for compliance and legal personnel on potential supervisory liability download
Supervisory liability does not attach unless a compliance or legal employee truly functions in a supervisory capacity.
One year into the auto-enrolment regime, some of the complexities encountered so far by employers in practice will shortly be ironed out.
This update is intended to be an ‘at-a-glance’ summary of the key changes that will be made to TUPE following the government’s consultation response.
The first half of 2013 has seen many announcements in relation to changes expected in the employment law arena.
Irwin Mitchell’s Manchester commercial litigation chief John Lord is to join TLT following the firm’s Manchester launch in July.
Working time cases round-up download
The vexed issues of holiday entitlement and holiday pay under the Working Time Regulations 1998 continue to keep tribunals busy.
'Proceed with due diligence': what does it mean in construction contracts and development agreements? download
The Technology and Construction Court examined this issue in a recent case and found that the contractor was in breach of the obligation.
On 15 October 2013, a bill to amend the Workers’ Compensation and Rehabilitation Act 2003 (Qld) was introduced into Parliament and is likely to be passed next week
It has been announced that from April 2014 employment tribunals will have the power to order losing employers to pay a financial penalty on top of any financial award made to the claimant.
Since 1 September 2013, employers may offer employees a new form of employment relationship — that of ‘employee shareholder’.
A draft EU report due out imminently confirms a commitment to examine more closely the use by some member states of pay between assignment contracts.
Geoffrey Mead of Eversheds has commented on the revelation of a list of 30 EU regulations that a UK taskforce of business leaders believe should be scrapped.
The ECJ has ruled on the validity of age-related contributions in a money purchase pension scheme, confirming they are permissible provided they can be objectively justified.
A long battle between airline pilots and British Airways may have paved the way for more generous holiday pay for ground-based UK workers.
These obligations cover several aspects, from isolated acts that come under the umbrella of general loyalty to acts to be accounted for with regard to non-competition requirements.
Governor Jerry Brown has signed into law a bill that extends the deadline to serve a prevailing wage penalty assessment on employers.
Post-employment restrictive covenants in the context of employment relationships have long posed challenges for employers.
FATCA update — October download
The US Foreign Account Tax Compliance Act (FATCA) was enacted as part of the Hiring Incentives to Restore Employment (HIRE) Act on 18 March 2010.
Devereux Chambers has elected Timothy Brennan QC as its new head of chambers to replace Ingrid Simler QC, who is joining the High Court bench.
Allen & Overy looks at the new Fair Deal policy and its implications for employers tendering for contracts to provide public services.
Stephenson Harwood has appointed a legal director and two consultants to its offices in China.
Two key features of the JOBS Act, when combined with certain advantages enjoyed by issuers in Rule 506 offerings, will open up a new category of ‘publicly offered private offerings’.
Audrey Williams has commented on the European Parliament Committee vote to endorse a proposal aimed at introducing binding legislation to increase the share of women on company boards.
The right to pray and work download
A women made a Direct Discrimination claim that she was treated less favourably as a Muslim in not being provided with uninterrupted breaks.
In a welcome judgment for employers, the Guernsey Employment and Discrimination Tribunal (the Tribunal) recently rejected an employee’s claim for constructive unfair dismissal.
Laura Daniels, barrister at Kings Chambers, has addressed permanent health insurance (PHI) payments and age discrimination.
Hogan Lovells has released its quarterly newsletter on European employment matters and trends for 2013. This section focuses on the UK.
Hogan Lovells has released its quarterly newsletter on European employment matters and trends for 2013. This section focuses on Spain.
Hogan Lovells has released its quarterly newsletter on European employment matters and trends for 2013. This section focuses on the Netherlands.
Hogan Lovells has released its quarterly newsletter on European employment matters and trends for 2013. This section focuses on Italy.
Hogan Lovells has released its quarterly newsletter on European employment matters and trends for 2013. This section focuses on Germany.
Hogan Lovells has released its quarterly newsletter on European employment matters and trends for 2013. This section focuses on France.
In this business insight, Walker Morris examines the proposed changes to TUPE , their practical implications and what businesses should be aware of at this stage.
Ogier has joined together with Brighter Futures and Jersey Women’s Refuge to help provide professional work wear and support for women who are returning to work.
Audrey Williams has commented on the news that the Home Office will consider encouraging whistleblowing by financial incentives in cases involving fraud, bribery and corruption
Hogan Lovells has advised the trustees of KPP on the implementation and completion of a settlement of its claims against EKC.
The current controversy over the issue of zero-hours contracts is focused on the fact that they leave workers with little stability or security.
Mills & Reeve has been recognised in the Financial Times Innovative Lawyers 2013 report in the value resourcing category.
Minter Ellison has released the latest version of its WHS Update, which outlines the key work health and safety developments of the last quarter.
Quadrant Chambers’ chief executive has defended the bar’s recruitment processes following revelations that former chambers member Tom O’Riordan had lied about his qualifications.
Mills & Reeve publishes third edition of Farm Tenancies book.
Pillsbury has announced that Marcus Wu has joined the firm as a partner in the executive compensation and benefits practice in San Diego.
SEC proposes pay ratio disclosures download
The pay ratio disclosure would be required in all filings that require disclosure of executive compensation matters under Item 402 of Regulation S-K.
Jason French-Williams, an expert in transport and employment at Eversheds, has reacted to the decision from the European Parliament regulating pilots’ working hours.
Eversheds’ Gary Delderfield has commented on the Fair Deal guidance issued by HM Treasury following a review of the existing Fair Deal guidance.
Jinga, Maravela & Asociatii’s knowledge and experience has helped clients smooth their labour relationships.
In this issue of Employment Post, Mills & Reeve looks at the evolution of TUPE, holiday pay, collective consultation and ACAS.
LegCo is proposing to introduce paternity leave provisions in the Employment Ordinance (Cap 57) (EO).
The House of Lords has introduced legislation to remove the ‘strict liability’ provisions which mean that companies are automatically liable for certain injuries in the workplace.
Age discrimination is in the news again as high-profile claimants bring cases in the employment tribunal.
Lord Sugar’s recent win in an employment tribunal proved bittersweet when he was unable to recover any of his costs, but his experience is far from unusual.
The question of who owns the contacts on LinkedIn — or on Twitter — is one that is that is increasingly troubling the courts.
The Fair Deal sets out the principles that will ensure that staff compulsorily transferred out of the public sector will continue to have access to their existing public service pension schemes.
HM Treasury has published new guidance on its Fair Deal policy. This follows a lengthy consultation process beginning in March 2011.
Wide-ranging pension reforms were introduced by the Pensions Act 2008 and came into force on 30 June 2012.
On 1 October 2013, radical changes to the way in which executive pay is disclosed and reported came into force.
Retail e-briefing: how should pension schemes treat same-sex married couples and civil partners download
Employers and pension scheme trustees will need to consider how they will treat same-sex married couples in respect of survivors’ benefits under their scheme.
The UK technology sector is defying the double-dip employment slump.
The government response to its consultation over TUPE reform reveals that changes to the 2006 TUPE Regulations will not be as significant as suggested previously.
Eversheds has the widest range of experience in the world. This means we offer clients whatever they need in terms of human resources advice.
A winding-up petition hearing involving Truro firm Follett Stock has been adjourned for three weeks following an initial hearing last week.
Our global fraud and international investigations group comprises specialists from Europe, Africa, Asia and the Middle East.
Eversheds is a pioneer of HR consultancy services. Our team was set up in the 1990s to provide clients with practical HR support that makes a real difference to their organisations.
Legal advice privilege is one of the two forms of legal professional privilege that entitle clients to refuse to disclose certain confidential communication to other parties.
With decision no. 20228, the Italian Supreme Court stated that the diversion of employees, in order to constitute unfair competition, requires the intent to damage the competitor’s business.
From this date, anyone reaching age 65 will not be entitled to a state pension until they reach age 66.
This month, Minter Ellison will launch its national CPD intensive programme.
Field Fisher Waterhouse (FFW) has taken a lead role for the Metropolitan Police in settling former police commander Ali Dizaei’s five employment tribunal claims against his former employer.
Recent legislative activity illustrates how governor Chris Christie is striking the balance between making New Jersey business-friendly and protecting the state’s employees.
Four years ago, Mauritius brought about a new era in its employment laws by redefining the employer/employee relationship when it promulgated the Employment Rights Act.
Industry surveys describe our employment team as having ‘an impressive depth of talent’, providing ‘timely, practical, pragmatic and principled advice’.
Our international outsourcing team includes a team of employment lawyers across the globe who can advise on the vital legal but also employment-relations aspects of your strategies.
Philip Davies has said that the recent provisions requiring the annual directors’ remuneration report to include a future remuneration policy report will ease investor discomfort.
Be Global — 1 October 2013 download
Be Global is a publication by DLA Piper’s global employment group, designed to keep you informed on recent developments around the world.
Allen & Overy has advised Saudi Arabian solar company Sun & Life on the acquisition of the insolvent solar division of the Flabeg Group.
The abolition of the Agricultural Wages Board took effect on 25 June 2013, subject to transitional provisions running until 1 October 2013.
It has been a hectic few months for the larger players in the food industry as they face head on the challenges posed by auto-enrolment.
Nabila Mallick has been nominated by chambers at the suggestion of the bar bono unit for bar pro bono lawyer of the year.
Partner and head of Bra?ov office
Here comes the shutdown: key points download
What impact will the shutdown have? Here are some of the highlights.
The DWP has updated its guidance on certifying money purchase and defined-benefit schemes for auto-enrolment.
The results are in from Eversheds’ ‘Automatic Enrolment One Year On’ survey.
As of 1 October 2013, the index applicable to employees’ remuneration will increase from 756.27 to 775.17.
Memery Crystal has improved on its rankings in the latest UK Legal 500, which was released on 26 September 2013.
A recent decision by the Supreme Court of New South Wales has highlighted an important limitation to section 560 of the Corporations Act 2001 (Cth).
The sequence of events for the claimant in Little v Richmond Pharmacology Ltd, a sales executive working full-time, was as follows.
There are no uniform rules on surrogacy across the EU, not least because it is prohibited in some member states.
The claimant in Osei-Adjei v RM Education Ltd argued that he should be entitled to compensation for loss of earnings and vulnerability on the labour market.
On 1 July 2013, the PRC Exit-Entry Administrative Law came into force. The law’s supporting regulation, the PRC Administrative Regulation of Entry and Exit of Aliens took effect on 1 September 2013.
Ogier has improved its Guernsey rankings and maintained top positions in Jersey in Legal 500 2013.
October employment law changes download
The last 12 months has proved an exceptionally busy period for employment law reform. This October brings fewer changes, but they are nonetheless noteworthy.
Minter Ellison’s Ajay Khandhar has been awarded the 2013 Australian Young Lawyer Award for Organisation.
Sintons has been recognised by The Legal 500 for its excellence and in-depth expertise across a range of legal disciplines.
The government has published guidance on the new employee shareholder status contracts as well as separate guidance on the income tax and capital gains tax rules.
Park Cakes Ltd v Shumba and others dealt with the question of whether an employer’s enhanced redundancy package had been implied into employees’ contracts by custom and practice.
It would be an error of law to hold that summary dismissal is always a reasonable penalty for gross misconduct, as this fails to give due consideration to any mitigating factors.
HR professionals often question whether to discount sickness absences for disabled employees in order to avoid falling foul of the duty under the Equality Act to make reasonable adjustments.
Despite the legislative free-for-all of the past few months, there are still some key employment law changes that will be coming into force on 1 October.
From 1 October 2013, the directors’ remuneration report in quoted companies needs to contain information about the company’s directors’ remuneration policy.
The once-threatened ‘service provision change’ rule has been given a reprieve and will not be abolished.
This briefing describes a landmark decision on collective redundancy law holding that the words ‘at one establishment’ should be totally excised from the TULCRA.
In the UK, around one million workers are employed on such contracts under which they remain ‘on-call’ but with no guaranteed work.
Those who fail to comply with the Civil Procedure (Amendment No 7) Rules 2013 and court orders do so at their own peril.
From 1 October 2013, the Equality Act 2010’s ‘three-strikes’ rule will disappear.
Repeal of third-party harassment provisions is not the end of the story for employers, says Hogan Lovells
From 1 October 2013, provisions in the Equality Act that make employers liable for harassment of employees by third parties will be repealed.
Women who have children by surrogate mothers may be entitled to maternity leave under European law download
The European Court has given its preliminary view that a woman who has a child by a surrogate mother is entitled to the benefit of EU pregnancy and maternity rights.
KWM recognised by Asian-Mena Counsel In-House Community Representing Corporate Asia & Middle East Survey 2013
King & Wood Mallesons has been named Firm of the Year 2013 in China across six practice areas.
The Equality Act 2010 contains comprehensive provisions in respect of long-service benefits.
The employment group offers a full range of advisory and advocacy services in all courts and tribunals in England and Wales, as well as representation in Jersey and other European jurisdictions.
Despite opposition from the Chamber of Commerce, governor Jerry Brown has signed into law a bill raising California’s minimum wage for the first time since 2008.
All claimants in employment tribunal claims brought on or after 29 July 2013 (and appeals to the EAT) must now pay a fee to issue a claim and to proceed to hearing.
The impact of the introduction of pre-termination negotiations and settlement agreements in practice.
Eight members of private-equity-backed Whitworths’ management team being offered ‘shares for rights’ by their private equity owner may be an indication of things to come.
While an employer might feel compelled to immediately dismiss an employee in situations of perceived gross misconduct, they should exercise caution.
The Employment Appeal Tribunal has ruled that an employer’s failure to provide an impartial grievance appeal could amount to a breach of the implied term of trust and confidence.
Manches is close to sealing a merger with private client firm Penningtons in a move that would create a £60m firm of roughly 250 lawyers.
Daniel Brown is awarded the first OTC/FRU pupillage.
The SEC has approved a proposed rule requiring companies to disclose the median of the annual total compensation of all employees and the ratio of that median to the annual total compensation of their CEOs.
Helen Barney looks at the recent case of Woodhouse v West North West Homes Ltd 2013 UKEAT 0007_12_0506.
Caroline Jennings explores the use of CCTV as evidence in the employment tribunal.
Fatim Kurji considers the meaning of ‘same employment’ within the equal-pay legislation.
The government has decided not to repeal the TUPE rules on service provision change. Anthony Korn summarises its response to the consultation published earlier this year.
Charles Crow considers how claimants can move their cases between the tribunal and the court without getting caught by the doctrine of estoppel.
Louise Corfield looks at what happens when decisions to terminate an employee overlap with a mutual separation.
Russell Holland looks at the recent concerns raised by the TUC in relation to the Agency Worker Regulations.
Depending on the level of breach, a failure to adhere to a grievance procedure is capable of amounting to or being part of a breach of the implied term of trust and confidence.
Vince Cable has announced that there is to be a government consultation on zero-hours contracts.
An employer’s failure to allow an employee to have his appeal against the rejection of a grievance dealt with by a different manager could amount to a breach of the implied duty of trust and confidence.
The State Councel issued regulation on the administration of foreigners’ exit and entry to clarify the rules relating to exit and entry, stay and residence, and employment of foreigners.
Processing personal data on the basis of an employee’s ‘consent’ may not be considered a valid legal basis due to the unequal relations between an employer and an employee.
Anna Macey has joined Kings Chambers’ employment and personal injury team.
The employment team at Kings Chambers is dedicated to finding effective employment solutions for all of its clients.
Addleshaw Goddard has released the September 2013 edition of its European Employment Law Update for Sweden.
Addleshaw Goddard has released the September 2013 edition of its European Employment Law Update for Switzerland.
Addleshaw Goddard has released the September 2013 edition of its European Employment Law Update for the UK.
Mills & Reeve looks at the issue of foreseeability and how case law suggests the concept is approached in relation to PUWER.
Employee shareholder status download
As from 1 September 2013, companies are now able to enter into employee shareholder agreements with employees.
Addleshaw Goddard has released the September 2013 edition of its European Employment Law Update for the Netherlands.
Addleshaw Goddard has released the September 2013 edition of its European Employment Law Update for Spain.
With the social elections to be held on 13 November 2013, Allen & Overy takes the opportunity to examine the special protection against dismissal for certain categories of employees.
A Full Bench of the Fair Work Commission has found that the dismissal of two employees for distributing pornography was unfair.
A majority of the Full Federal Court of Australia has held that there is a term of mutual trust and confidence implied into all Australian employment contracts.
A threat to fire an employee for seeking legal advice can amount to adverse action under the Fair Work Act.
After being given an A$200,000 criminal fine for safety breaches that led to the death of an employee, a company director avoided personally paying because he was indemnified under an insurance policy.
For the eighth year in a row, Pillsbury has been named to Working Mother’s 100 Best Companies list.
Keystone Law has closed its 14-month recruitment drive with the addition of a final eight lawyers into its property, employment and insurance teams, bringing the total number to 132.
Addleshaw Goddard has released the September 2013 edition of its European Employment Law Update for Ireland.
Addleshaw Goddard has released the September 2013 edition of its European Employment Law Update for Italy.
Plans have been released for new coal and metalliferous mine safety laws focusing on harmonising Queensland laws with those in other states and the Work Health and Safety Act 2011.
New regulation on foreigners' exit and entry administration takes effect on 1 September 2013 in China download
The new regulation seeks to facilitate the importation of foreign talents and further regulate foreigners’ exit and entry administration.
The claimant in Rynda (UK) Ltd v Rhijnsburger had insufficient continuity of service to bring a claim for unfair dismissal based on her service with Rynda.
Carmelli Bakeries v Benali shows that even where an employee admits gross misconduct, there is no guarantee that the resulting dismissal will be fair.
The much-maligned Equality Act provision making employers potentially liable for harassment of employees by third parties will disappear on 1 October.
The Maritime Labour Convention came into force internationally on 20 August 2013 and within two weeks of port state control having commenced, the first vessel was detained for non-compliance.
All change for TUPE? Not quite... download
The government has published its long-awaited response to its consultation on TUPE.
Walker Morris’ legislation tracker sets out the changes in employment law in chronological order and highlights the headline points together with the implementation dates.
Addleshaw Goddard has released the September 2013 edition of its European Employment Law Update for Germany.
Addleshaw Goddard has released the September 2013 edition of its European Employment Law Update for France.
Addleshaw Goddard has released the September 2013 edition of its European Employment Law Update for Finland.
Addleshaw Goddard has released the September 2013 edition of its European Employment Law Update for Denmark.
This tool is designed to help covered entities and business associates determine what they need to address under the Health Insurance Portability and Accountability Act.
Mexico’s president, Enrique Peña Nieto, has submitted to the Mexican Congress a proposed bill for the comprehensive overhaul of Mexico’s federal tax system.
TUPE regulations are in line for refinement, but not fundamental change, which is a good thing
Political hysteria over zero-hours contracts is unhelpful and misplaced as safeguards already exist
Employee shareholder status download
As from 1 September, companies are now able to enter into employee shareholder agreements with employees.
The government has confirmed that amendments will be made to the TUPE Regulations, but service change provisions will not be repealed as had previously been expected.
An Austrian court has ruled that illness during the consumption of compensational leave for overtime work does not change the quality of the compensational leave.
A Belgian court has held that the distinction between blue- and white-collar workers constituted a breach of the constitutional principle of equality and non-discrimination.
Australia has an impressive track record in legislating and enforcing work health and safety laws.
On 26 June 2013, the Supreme Court of the United States issued two rulings that significantly advanced same-sex marriage rights in America.
On 6 September 2013 the UK Border Agency (UKBA) announced a number of positive changes to the immigration rules which will help UK employers.
SafeWork Australia releases draft amendment to the Model Code of Practice on Managing Risks in Construction download
SafeWork Australia has released draft amendments to the Model Code of Practice on Managing Risks in Construction Work.
DLA Piper has published the second issue of its Life Sciences Spotlight publication for 2013.
The Straight Allies initiative allows firms to reinforce positive attitudes to diversity in the workplace
Benjimin Burgher is to present a CLT webinar entitled ‘Constructive dismissal — process, principles and pitfalls’ on 7 October 2013.
Mills & Reeve has been appointed as the main external legal adviser to the London School of Hygiene & Tropical Medicine.
Treasury and IRS adopt ‘state of celebration’ rule for same-sex marriages — implications for employee benefit plans download
Guidance has been issued to treat a same-sex couple as ‘married’ for all federal tax purposes as long as the couple was legally married in a state or country that recognises same-sex marriage.
The Western Australian Government is expected to announce that it will not nationalise its laws in line with the occupational health and safety nationalisation process adopted by most other Australian states.
Hogan Lovells has advised the trustees of KPP on the settlement of its claims against EKC and Kodak Ltd.
Mills & Reeve has announced the appointment of Christopher Newell as a non-executive director to the firm.
Acas has published new non-statutory guidance to accompany the introduction of its new statutory code of practice on settlement agreements, which came into force on 29 July 2013.
From 1 September it will be possible for companies to engage staff as employee shareholders, a new type of employment status with tax benefits.
The new Employee Shareholder status comes into force on 1 September 2013.
Data published recently by the CMI has revealed that on average last year men in management positions received bonuses that were twice as high as those paid out to female managers.
It is a common misconception that simply labelling a meeting or discussion ‘without prejudice’ protects that discussion from future admissibility in legal proceedings.
Mills & Reeve has released its employment legislation tracker, which describes different aspects of employment legislation from February 2013 to 2015, and provides the estimated/actual date in force.
As of 29 July, employers can enter into confidential negotiations with an employee with the aim of terminating their employment.
The EAT has held that an employment tribunal erred in deciding that an employer’s approach of discounting some disability-related absence from the overall level of sickness absence was impermissible.
EAT, annual leave and the WTR download
When individuals are on long-term sick leave and unable to take annual leave, only four weeks’ annual leave will carry over automatically into the next holiday year.
All UK employers will be required to auto-enrol eligible workers into a pension scheme and make mandatory contributions, in a process staged over several years.
The employee shareholder status will likely be confined to private equity companies with few employees and the flexibility to implement a new form of employee share plan.
For the first time in Australia, an implied term of mutual trust and confidence has been incorporated into an employment contract and damages awarded for a breach of that term.
DLA Piper has advised the Central Works Council of bank ABN AMRO.
Data protection: Information Commissioner's Office has published a code of practice for subject access requests download
The Information Commissioner has published a new code of practice covering how employers should deal with subject access requests from employees.
The Court of Appeal has held that an employee who was acquitted of theft in criminal proceedings had been fairly dismissed by his employer.
The number of sick days taken in the UK has dropped to a record low, according to a recent survey.
The Data Protection Act 1998 provides that personal data must not be processed unless at least one of the conditions in Schedule 2 of the Data Protection Act 1998 is met.
Like English law, German law places certain limitations on the monitoring of employees. For example, video surveillance must take the privacy rights of the employee into account.
Employee emails and the workplace download
In this article, Taylor Wessing discusses the tools open to employers seeking to manage internal and external employee interaction.
Discovery by a different name? Data subject access requests from a post-employment perspective download
Subject access reqests can be particularly useful where the information the employee requires is not available through traditional disclosure.
With the surge in social media use over the last few years, there has been an increase in the number of employment cases involving potentially offensive postings on social media sites by employees.
Grievance and disciplinary hearings: does particular companion have to be a 'reasonable' choice? download
In the case of Toal and another v GB Oils, the Employment Appeal Tribunal (EAT) decided that it does not.
In the UK, employers often carry out pre-employment checks prior to making an offer of employment to an individual.
The departments of labour, treasury and health and human services recently published final Affordable Care Act regulations on wellness programmes.
A Scottish Court has recently considered when employers should provide protective footwear to any staff who work outdoors.
We have now had slightly more than a week to consider the effect of the Mammoet case (CFMEU v Mammoet  HCA 36).
In the last few weeks, there have been encouraging developments, from judge and jury alike, for employers fending off claims by disgruntled workers.
A recent case has highlighted the pitfalls of failing to make any settlement offer ‘subject to contract’.
Allen & Overy advises Borealis in relation to firm offer to acquire Total SA fertiliser business units
Allen & Overy has advised Borealis in relation to its firm offer to acquire fertiliser business units of Total SA.
What adjustments does an employer need to make to its absence policy for a disabled employee? download
The Employment Appeal Tribunal has recently considered how an employer might make allowances for disabled employees when applying its sickness absence policy.
Cornish-headquartered Follett Stock has agreed a settlement with solicitor Kate Baker, who accused managing partner Chris Lingard of bullying her while she worked at the firm.
Pensions update — August 2013 download
The August 2013 issue of Nabarro’s Pensions Update is available now.
A Newcastle law firm that claims to have won billions of pounds for female public sector workers in equal pay cases is to close at the end of next month as its English caseload has dried up.
Romero Insurance Brokers v Templeton Ltd provides a recent example of the successful use of restrictive covenants in the insurance industry.
FATCA implementation download
As part of the Hiring Incentives to Restore Employment Act, the US government enacted the Foreign Account Tax Compliance Act (FATCA) in 2010.
Is Luis Suárez right: does an oral agreement between parties vary the terms of their written agreement? download
Last weekend heralded the return of the Premier League football season and the spotlight is firmly fixed on potential transfer business before the transfer window closes.
'Off-the-clock' security checks and the Fair Labor Standards Act — what companies need to know download
The practice of conducting unpaid security checks of employees at their workplaces is under fire across the country.
The general counsel of West Yorkshire-based professional rugby league Castleford Tigers has joined ABS Brilliant Law as employment head.
Employees sometimes argue that what the employer considered a discretionary benefit has become a binding term of their employment contract through custom and practice.
Addleshaw Goddard has released the July 2013 edition of its Employee Incentives Update. The update contains a round-up of developments in this area during July.
In the recent case of Bangura v Southern Cross Healthcare Group Plc, the cconsidered the question of whether an employee could be protected by Transfer of Undertakings (Protection of Employment).
Whistleblowing has been a hot topic in the NHS. The Enterprise and Regulatory Reform Act 2013 will make significant changes to our whistleblowing legislation.
UK employment law reforms 2013 download
There are a number of important reforms being made to UK employment law this year, largely due to the enactment of the Enterprise and Regulatory Reform Act 2013.
Proposed changes to the Employer Debt Regulations risk missing opportunity to facilitate corporate restructurings download
The Employer Debt Regulations provide the detail about debts that become due from employers that exit from underfunded defined-benefit pension schemes.
Minimum solvency provisions for pension schemes dropped from forthcoming European legislation (IORP II) download
In good news for employers, the European Commission has dropped proposals that could have resulted in a dramatic increase in contributions to defined benefit pension schemes.
Pension obligations on employers in relation to auto-enrolment are being introduced, on a phased basis, from October 2012.
The Department for Work & Pensions has issued a call for evidence in relation to quality standards in workplace DC pension schemes
It remains to be seen whether proposed changes to the Pension Protection Fund (PPF) compensation regime will lead to increased PPF levies.
Since the Wheels case, the Court of Justice of the European Union has been considering further issues to do with VAT and pension schemes.
A cross-practice team at Ogier in Jersey and Guernsey has been formalised to create Ogier Local Legal Services.
Employers would be wise to stay alert to what can constitute ‘blowing the whistle’, particularly given the recent and upcoming changes in the law.
Can you require an employee to submit to a medical examination and what happens if the employee refuses?
Last week’s announcement that the US Justice Department has charged a company with criminal insider trading has left the global hedge fund and banking industry reeling.
Vince Cable thinks zero-hour contracts are being abused and has announced a review of their use.
The Fair Work Act 2009 (Cth) contains a central distinction between ‘protected’ industrial action (that is, lawful action) and ‘unprotected’ industrial action (unlawful action).
The Fair Work Act 2009 provides for good faith bargaining, restrictions on the content of agreements and a single stream of collective enterprise agreements.
The Fair Work Act 2009 (Cth) contains a broad set of general protections against discriminatory, unfair or unlawful conduct.
The safety net consists of the 10 National Employment Standards and modern awards and sets the minimum terms and conditions of employment for employees in the federal system.
The decision to dismiss an employee is an area of the employment relationship that requires an understanding of a wide range of legislative and other obligations of an employer.
The Fair Work Act 2009 provides significant rights of entry for unions and potentially provides unions with a powerful recruiting weapon.
A majority of the Full Federal Court has concluded that there is an implied term of mutual trust and confidence in all Australian employment contracts.
Zero-hours contracts — is time up? download
Growing public concern over zero-hours contracts has led the UK government to review their use. What does this mean for companies that employ staff on such contracts?
DLA Piper has received Gold Standard Certification from the Women in Law Empowerment Forum for the second consecutive year.
On your marks. Three members of OTC Pensions Team involved in the first case of its type regarding abuse and the jurisdiction of the Pensions Ombudsman download
Most members of occupational pension schemes involved in a pensions dispute prefer to have their dispute determined by the Pensions Ombudsman rather than the court.
Addleshaw Goddard announces plans to increase its capability in Hong Kong.
Taylor Wessing has relaunched its shipping practice.
Fifth Circuit decision exposes contractors to vicarious liability for double damages when employees receive personal kickbacks download
The Fifth Circuit has ruled that a contractor may be held vicariously liable for double damages under the Anti-Kickback Act, even when the kickback is taken by an employee.
Starting an airline requires entrepreneurs with drive, motivation and vision to turn the idea into a viable reality.
The High Court has decided that a contractual payment due as compensation on early termination of Henning Berg’s fixed-term contract by Blackburn Rovers Football Club was not a penalty and was enforceable. In a recent claim brought against Blackburn Rovers Football Club by Henning Berg, its manager, the High Court decided that…
The government has published a consultation entitled ‘Supporting the employee-ownership sector’.
A recent EAT decision suggests that, as long as the companion falls within the statutory categories, the choice lies entirely with the employee.
Employee and executive incentives — an overview of incentive arrangements in Russia and the CIS download
The world of executive remuneration and the combination of cash and share-based incentives is ever under the spotlight.
Employment partner Sue Kelly was featured on BBC News 24 on 5 August, discussing employer’s use of zero-hour contracts.
Hogan Lovells has been named on the Working Mother Media and Flex-Time Lawyers ‘50 Best Law Firms for Women’ list for the second year in a row.
Working Mother has named DLA Piper as one of the 50 best law firms for women, recognising the many programmes it offers to attract, retain and promote talented female lawyers.
Leigh Day has filed an employment tribunal claim on behalf of a Sports Direct employee employed on a controversial ‘zero hours’ contract.
In practice, the best policy is to have no policy on redundancy payments.
Option to renew contract of services containing restraint cause validly exercised, celebrity barred from engaging with competitor download
The Supreme Court of New South Wales has enforced a contract of services between a television network and a celebrity talent judge to prevent the celebrity from working for a competing network.
The Fair Work Commission (FWC) has found an employer’s continuing unreasonable refusal of an employee’s request to work part time was ‘inimical’ conduct constituting constructive dismissal.
In this decision, recently retired Justice Gray of the Federal Court of Australia found that the selection of an academic for redundancy was unlawful adverse action
CFMEU blockade contempt of court download
The Victorian Supreme Court has found the Construction, Forestry, Mining and Energy Union (CFMEU) guilty of contempt of court for blockading Grocon’s ‘Emporium’ and ‘McNab’ sites.
This recent decision considers the vexed question of when a worker may be classified as an independent contractor.
Credit Suisse has had a finding made against it by the tribunal for direct age discrimination in relation to an experienced retail analyst.
New ‘pay-to-play’ rule will do little to ease the pressure on the Employment Tribunal system
The UK Supreme Court has overruled the Court of Appeal and held that held that the cost of complying with a Financial Support Direction or Contribution Notice was not to be classed as a ‘liquidation expense’.
Is a TUPE transferee bound by terms of employment that are collectively negotiated following the transfer, but where it is not a party to the negotiations?
King & Wood Mallesons has advised Molybdenum Co Ltd (CMOC) on its acquisition of Rio Tinto’s 80 per cent interest in the Northparkes underground copper mine.
2013–14 UK employment developments download
Allen & Overy’s six-month calendar sets out the employment developments planned for the coming months and early 2014.
2013 UK employment developments download
Allen & Overy’s six-month calendar sets out the employment developments planned for the coming months and early 2014.
The High Court has awarded award springboard relief against three of the claimant’s former employees who had attempted to use the claimant’s LinkedIn groups.
Two recent decisions have made findings of unfair dismissal where employees had been dismissed for comments made on social-networking sites.
On 29 July 2013, a number of major changes to employment law came into force. Here are five key changes that you need to know about.
On 25 June 2013, the Enterprise and Regulatory Reform Act 2013 introduced a number of key changes to the existing whistleblowing legislation.
ECJ holds that transferees are not bound by post-transfer changes to collectively agreed terms of employment download
The European Court of Justice has held that a transferee was not bound by post-transfer collectively agreed terms of employment.
The first half of 2013 has seen many announcements in relation to changes expected in the employment law arena.
Employment law reforms continue apace: but no sign of any measures dealing with holiday and sickness absence download
As the holiday season gets well under way, employers may well be wondering when they will finally have a clear understanding of their workers’ holiday entitlements.
On 29 July 2013, the changes to the Employment Tribunal Rules of Procedure and new sections of the Enterprise and Regulatory Reform Act 2013 came into force.
UK government publishes response to consultation on proposed system of ACAS Early Conciliation download
The UK government has published its response to the consultation on the proposed system of ACAS Early Conciliation, which is due to come into force on 6 April 2014.
Luxembourg legal update — July 2013 download
The July 2013 issue of Arendt & Medernach’s Luxembourg legal update is available now.
The case involved two groups (the Nortel group and the Lehman group) each of which contained occupational pension schemes with substantial funding deficits.
Not for the first time the fashion industry is under fire for its recruitment policies. Could requiring staff to have a certain ‘look’ be the next form of discrimination?
The English Court of Appeal recently handed down its judgment in Telford Homes (Creekside) Ltd v Ampurius Nu Homes Holdings Ltd.
DLA Piper has announced that David Durham has joined the firm’s employment practice as a partner in the San Francisco office.
There has been a raft of PAYE-related developments of late. This bulletin sets out brief details of those that may be of interest.
This issue of snapSHot summarises some of the key legal and regulatory developments that occurred during June in relation to occupational pension schemes.
After a considerable amount of work, the Government has finally introduced new rules for employment tribunals this week.
Sood Enterprises v Healy: Mr Healy had been on sick leave from June 2010 to July 2011 when he resigned due to ill health. He claimed payment in lieu of accrued, but untaken holiday during 2010 and 2011..
European Court chooses ‘static’ approach to effect of TUPE on collectively agreed pay terms download
In Alemo-Herron v Parkwood Leisure Limited the claimants’ contracts provided that their terms and conditions were ‘in accordance with collective agreements negotiated from time to time’.
The employer applying for injunctions in Whitmar Publications Ltd v Gamage was a publisher specialising in magazines for the printing industry.
On 1 January 2014, new workplace bullying laws will form part of the Fair Work Act 2009 (Cth).
The July 2013 issue of Walker Morris’s Employment Briefing is available now.
In Guernsey and Jersey there are currently no statutory provisions which dictate how a disciplinary procedure should be conducted.
In the recent UK case of Woodhouse v West North West Home Leeds, the Employment Tribunal’s original judgment was overturned by the Employment Appeal Tribunal, producing an interesting outcome and one which some employers may find unpalatable and a step too far…
The Jersey Employment Tribunal (JET) has recently struck out a claim for redundancy and payment of notice brought by a worker contracted under a zero hours contract on the basis that he was not an ‘employee’ and was not therefore entitled to bring any claims under the Employment (Jersey) Law 2003 (the Law).
A holiday is good for your health download
A number of studies have extoled the virtues of the humble holiday, hailing its ability to reduce blood pressure, improve sleep and recover from (or avoid) stress. It is difficult to deny that holiday is important for both employers and employees.
Big changes to employment law download
Employers and their human-resources advisers face constant difficulties in trying to avoid potential pitfalls posed by current employment and discrimination law.
Sponsors of global stock plans must navigate a host of legal and tax regimes to maintain compliance with applicable rules and laws.
Not many of us have the opportunity to offer advice to ministers of religion. However, the latest case about their employment status to reach the UK’s highest court can perhaps give an indication of the general direction of travel on this important topic.
On 29 July, another significant change to employment law comes into force under the Enterprise and Regulatory Reform Act.
Monday 29 July 2013 will see some very significant changes to employment law and practice and employers and individuals need to make sure they are ready.
The Employment Appeal Tribunal (EAT) recently clarified its position on workplace victimisation and dismissal in Woodhouse v West North West Homes Leeds Ltd.
Considering the level of cost awards that should be made against claimants with limited means download
In Vaughan v London Borough of Lewisham and others, the Employment Appeals Tribunal (EAT) held that an employment tribunal could make a costs award that the paying party, in this case the Claimant, could not afford.
The Employment Appeal Tribunal has re-written an act of parliament to make it compliant with European law and increased the scope of the duty to consult with unions or employee representatives in a redundancy situation.
Keep calm and carry on — pre-termination negotiations and settlement agreements in force from 29 July 2013
Pre-termination negotiations and settlement agreements will come into force from 29 July 2013.
NJ SAFE Act gives up to 20 days of unpaid leave to employees victimised by domestic or sexual violence download
New Jersey governor Chris Christie has signed the New Jersey Security and Financial Empowerment Act into law.
DLA Piper has signed a letter of intent with Hines Interests to relocate its Chicago office from 203N LaSalle to River Point.
Mills & Reeve has advised Sepura on its acquisition of Portalify.
In 2006, a professor bought a house in London with assistance from the college that employed him. This was a ‘shared equity’ scheme, which Mills & Reeve helped to pioneer many years ago.
Tom Gibson from Outer Temple Chambers has appeared for the successful appellant in the Court of Appeal in Duffy v George.
The end of this month sees further changes to employment law and the tribunal process, which will be relevant to all charities that have employees.
The DOL has announced an opportunity for administrators of participant-directed individual account plans to ‘reset’ their annual deadline for distributing plan-related information.
Update: employee ownership download
Employee ownership is a topic that remains high on the government’s agenda.
Walker Morris now has the EAT’s written decision in the case of USDAW & Ors v WW Realisation 1 Ltd and another (commonly known as the ‘Woolworths case’).
The ECJ has ruled that UK courts must adopt a ‘static’ rather than ‘dynamic’ approach to collectively agreed terms on a TUPE transfer.
Women who are pregnant or on maternity leave have numerous legal rights, but many of these are commonly misunderstood by employers.
Over the past 10 months, Grant Thornton and DLA Piper have launched a successful life sciences boardroom lunch series.
Earlier this month, the Employment Appeal Tribunal delivered its written judgment in the Woolworths collective redundancies case.
NCTM Studio Legale Associato has appointed two new equity partners, Paolo Lazzarino and Luca Garramone.
Unfair dismissal claim rejected despite employer's failure to respond to ongoing misconduct download
The Fair Work Commission refused an employee’s application for unfair dismissal despite finding that the employer was aware of his inappropriate behaviour.
The Fair Work Commission has found that an employer’s unreasonable refusal of an employee’s request to work part time after a period of parental leave constituted constructive dismissal.
The Federal Court of Australia has found that an employee was exercising a workplace right when he tagged forklifts due to safety concerns.
An employee in was off work because of illness from July 2010 to June 2011, when he resigned. He claimed payment for accrued but untaken holiday entitlement during 2010 and pro rata for 2011.
In the current heatwave, employers need to consider their strategy for keeping control of employee absences during the hot weather as employees make the most of the sun.
EAT decision: workers have free choice of companions at disciplinary and grievance meetings download
A recent Employment Appeal Tribunal (EAT) demonstrates the latitude that employers must give workers in choosing companions to accompany them at disciplinary and grievance meetings.
DLA Piper’s Spotlight on Belgium publication provides an overview of current legal developments that may have an impact on business activities.
DLA Piper has announced its involvement in the acquisition of Nicole Farhi by Maxine Hargreaves-Adams.
Employment and labour law issues increasingly constitute an important field of work for Binder Grösswang. We offer comprehensive advice to national and international clients with regard to all aspects of labour and employment law.
Shoosmiths has finished top overall of the Legal Week Employee Satisfaction Report 2013
As from 29 July, compromise agreements will be given a compulsory name change and re-branded as settlement agreements.
An Illinois court has held a nonsolicitation and noncompetition covenant unenforceable for lack of consideration because the employee’s job did not last two years after he signed the covenant.
New York’s attorney general has initiated an inquiry about payroll card programmes used to pay New York employees.
Whether privacy will be breached by the employer in gathering evidence with an aim of dismissing the employee will depend on the facts.
Partners from Shoosmiths were among the guests invited to the opening of the UK’s largest biorefinery.
Shoosmiths considers the current statutory paternity leave entitlements of expectant fathers and how these are expected to change in the future. While some employers offer more generous contractual benefits, the only legal requirement is…
A Federal Court decision demonstrates the balancing act an employer faces when disciplining an employee for misconduct where the employee has raised safety concerns.
Every now and then, a case comes along that shatters perceived wisdom and established practice. The Woolworths case is one of those cases.
Employment News — 15 July 2013 download
The 15 July 2013 issue of Hogan Lovells’ Employment News is available now.
The first half of 2013 has seen many announcements in relation to changes expected in the employment law arena.
Discrimination at work — part three: protected characteristics and the perception-reality gap download
This report examines employees’ knowledge or perception of which characteristics are protected by anti-discrimination laws in the workplace.
Compromise agreements are to be re-named ‘settlement agreements’ and pre-termination discussions will be inadmissible in unfair dismissal cases from 29 July 2013.
Offshore employment regulations are in for a shake-up, so make sure your employer clients are up to speed
Our professional negligence specialists provide an advisory as well as an adversarial service, and advise claimants and defendants on all aspects of professional negligence matters, including limitation, liability, quantum and evidence.
All areas of business life are affected by health and safety issues and Outer Temple Chambers’ barristers deal with cases from the most straightforward to the most complex and high profile.
Our Employment and Discrimination workgroup continues to reinforce its reputation as a major player in employment and discrimination with the recruitment of Daniel Barnett at the beginning of 2011 and Andrew Short QC’s Silk appointment in 2010.
DLA Piper has announced that Margaret Keane has joined the firm’s employment practice as a partner in the San Francisco office.
On 27 June 2013, the Senate passed a comprehensive immigration reform bill to overhaul the US immigration system.
Joining a competitor? The potential consequences of insurance brokers soliciting their former clients download
The Gentech case highlights the importance of using restrictive covenants in employee contracts.
Blackstone Chambers is advising McDermott Will & Emery as the US firm faces pregnancy discrimination claims from a former associate in London.
Ramadan in the workplace download
Today marks the start of Ramadan. For Muslims across the world, a month of fasting each day from sunrise to sunset begins.
Employers across the Asia-Pacific are increasingly facing shortfalls in work and reductions in demand in a competitive market.
There may be occasions when employers have to take disciplinary action against employees in their absence, but this carries legal risks.
The EAT has ruled that an employer was not required to waive a competitive interview process for a disabled employee in a redundancy situation.
Taylor Wessing’s International Pensions Guide looks at pensions provisions in the UK, Germany, France, Austria and the CEE, China, Dubai and Singapore.
In 2006, a professor bought a house with assistance from the college that employed him. This was a ‘shared equity’ scheme that Mills & Reeve helped to pioneer.
Employment News — 8 July 2013 download
The 8 July 2013 issue of Hogan Lovells’ Employment News covers collective redundancies, misconduct investigations and constructive dismissal.
DLA Piper has advised Syngenta on the acquisition of MRI.
MOLITOR has announced three appointments.
The EAT has considered whether a dismissal was fair in circumstances where the dismissal was necessary because a third party had refused to allow the employee to work for it.
The Employment Tribunal has provided guidance on what constitutes a ‘proportionate means’ of achieving a ‘legitimate aim’ when treating an employee or partner differently because of his age.
In a recent case the EAT has decided that the Equality Act does cover post-employment victimisation.
Ms Bangura was summarily dismissed on grounds of misconduct by Southern Cross about six weeks before the care home at which she worked was transferred to Four Seasons.
Hogan Lovells presents the first edition of its joint publication with Jakarta-based Hermawan Juniarto, entitled Doing Business in Indonesia.
We advise on the full range of employment matters.
Changes in April that tipped the balance in favour of employers have been followed by an EAT decision that is favourable to unions and the employees they represent.
EAT removes the concept of 'establishment' from the law on collective redundancy consultation download
The EAT has decided that the words ‘at one establishment’ are to be deleted from section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992.
Pillsbury’s Employment Practice assists employers ranging in size from emerging growth companies to multinational corporations.
The government has finalised its revised remuneration reporting regulations for directors in quoted companies.
Parental leave must not be a negative factor in redundancy decisions.
The tax position should be agreed up front to avoid a (costly) dispute later.
The Obama administration has announced a one-year delay in the so-called ‘employer mandate’ under the Affordable Care Act (ACA).
The Employment Appeal Tribunal judgment in the case of USDAW and others v WW Realisation 1 Ltd (in Liquidation) and others has been published.
There are times when employers wish to consolidate their pension schemes by merging one into another, often following a corporate acquisition.
The Deputy Pensions Ombudsman has held that the trustees of a pension scheme should pay £1,400 as compensation.
Perhaps the poorest of the poor relations in the litany of obligations on trustees and other pension providers is the regulation of the provision of information.
Case law update: employment tribunal finds that setting a compulsory retirement age is not age discriminatory in certain circumstances download
An employment tribunal has delivered its judgment in the long-running age discrimination case of Seldon v Clarkson Wright and Jakes.
The Control of Housing & Work (Jersey) Law 2012, which has been in discussion for many years, came into force on 1 July 2013.
Mourant Ozannes recently organised a series of workshops focusing on the Control of Housing and Work (Jersey) Law 2012.
DLA Piper has partnered with Corporate Pro Bono and the ACC to host a Clinic in a Box programme at its Chicago office.
The Fair Work Amendment Bill 2013 has now passed the Senate. The bill introduces a number of amendments to the Fair Work Act 2009 (Cth).
The US Supreme Court has ruled that the federal Defense of Marriage Act (DOMA) is unconstitutional.
The wave of recent enforcement actions against LIBOR-submitting banks has brought with it a destabilising undertow of new realities.
A new fee regime will take effect for employment claims brought on or after 29 July 2013.
Olympic Airlines was put into special liquidation in Greece on 2 October 2009. It had carried on business in England. It employed about 27 people and operated a pension scheme.
ACAS has published its response to the consultation on the draft statutory Settlement Agreements Code of Practice.
The EAT has held that the words ‘at one establishment’ are to be disregarded for the purposes of collective redundancies involving 20 or more employees.
The EAT has upheld an employment tribunal’s decision to make a costs award of around £87,000 against an unrepresented claimant of limited means.
The government has published a further consultation on how mandatory equal-pay audits will operate and the related publication requirements.
The Employment Tribunal has concluded that a mandatory retirement age of 65 for the partners at a law firm was justified.
Last year, Mr Justice Underhill published his review of the Employment Tribunal Rules of Procedure, producing a shorter and simpler set of rules.
The most radical change to the law relating to workplace pensions in a generation is coming into force between October 2012 and April 2017.
Outer Temple Chambers’ employment team has received the Employment Team of the Year prize at The Lawyer Awards 2013.
DLA Piper looks at the issue of redundancy and reductions in force and the current legal position of several countries within the Asia-Pacific region.
Pensions Update — June 2013 download
The June 2013 issue of Nabarro’s Pension Update publication is available now.
A new law entitles the employee to have a meeting with the employer at the end of parental leave and an extension of the non-remunerated parental leave.
Tracking the changes expected in the employment law arena.
Taylor Wessing has advised Electra Partners on the acquisition of mixing console manufacturer Allen & Heath from D&M Holdings.
The HSE has launched new online guidance on ‘health surveillance’ to make it easier for employers to understand their obligations.
On 10 June 2013, BIS published an ‘indicative timetable’ for implementation of the provisions of the Enterprise and Regulatory Reform Act 2013.
The employer in City and County of Swansea v Gayle was informed that an employee had been seen playing squash at a sports centre on two occasions when he was paid for being at work.
The claimant was a police community support officer. Her application to become a police constable revealed she had had a conviction 17 years previously that she had not disclosed.
Employment litigation has not been immune from the effects of the Jackson reforms nor from those designed to reduce the financial burden on the public purse.
Contractors are facing some tough employment issues, including job losses, furloughs and salary reductions.
Changes to the protection for whistleblowers implemented by the Enterprise and Regulatory Reform Act take effect on 25 June.
Cloisters’ barrister Caroline Musgrave has secured victory for military nurse Wendy Williams in a sex discrimination claim against the Ministry of Defence (MoD).
Bundle of Familiar Authorities for Employment Appeal Tribunals.
Sweden’s largest firm, Mannheimer Swartling, is boosting its employment team with the hire of Linklaters’ local employment head Anders Nordstrom.
On 25 June, three key changes come into force in the UK in relation to whistleblowing claims.
The Constitutional Council has rendered its decision concerning the new law on the protection of employment in France.
New rules seek to hone legislation covering whistleblowers and the rights of employees to hold political beliefs
King & Wood Mallesons has ranked first in the law industry category in the China Top Ideal Employers 2013 list.
The Department for Education has released its draft School Teachers’ Pay and Conditions Document 2013.
The Employment Forum has recommended that the existing qualifying period for protection against unfair dismissal should remain at 26 weeks.
Employers should review their dismissal procedures and guarantee of annual earnings arrangements following the annual increase to the Fair Work Act’s high-income threshold.
Walker Morris has advised Cott Developments on its acquisition of Calypso Soft Drinks.
The claimant brought various claims against the council, a previous employer from whom she had TUPE transferred and also against a number of individual colleagues.
The new Enterprise and Regulatory Reform Act renames compromise agreements ‘settlement agreements’.
Contract Bottling Ltd v Cave arose out of a redundancy exercise conducted by a company that needed to make cuts in administration and accounts staff.
OTC barrister Tom Gibson recently appeared in the Court of Appeal in Duffy v George, on appeal from the Employment Appeal Tribunal.
Karanovic & Nikolic has named Milena Jakšic Papac as the new head of its employment practice group.
The government is on a mission — to keep parties out of the employment tribunal system.
The Supreme Court has ruled on crucial issues concerning the position of a former employee in receipt of a company’s confidential information.
Collective consultation and the meaning of establishment: hints of a surprising decision from the EAT download
There have been a number of stories circulating during the past week that suggest we face a significant change in the law concerning collective redundancy consultation.
Earlier this week, the EAT reportedly reached a decision that turns on its head the law on employers’ collective information and consultation duties.
Walker Morris’s legislation tracker sets out employment law changes in chronological order.
Hogan Lovells has been recommended by the Legal 500 US 2013 edition in 35 practice areas, including seven rankings in the Tier-1 category.
The deadline for the annual reporting requirements in respect of employment-related securities acquired by UK resident employees is fast approaching.
Michael Briggs has been appointed as an associate to Shoosmiths’ Nottingham-based employment team.
The Office of National Statistics has recently released its annual review of trade union membership in the UK.
In Martin v Devonshires Solicitors, the EAT found that it was not victimisation to dismiss an employee who had raised a number of unfounded grievances against her employer alleging sex discrimination.
In late 2011, the government asked Mr Justice Underhill to conduct a wholesale review of the rules governing employment tribunal procedure.
Employment law alliance Ius Laboris has announced that US employment firm FordHarrison is its new US member, six months after previous Stateside firm Littler Mendelson quit the group.
US employment firm Seyfarth Shaw has expanded into Australia by taking on eight employment partners from three firms, Herbert Smith Freehills (HSF), Ashurst and Arnold Bloch Leibler.
USDAW and its lawyers published two press releases announcing that they had won a landmark legal case at the Employment Appeal Tribunal.
Doing business in China, companies frequently have to handle various types of crises, including those caused by mass labour disputes with employees.
Users of the Employment Tribunals will have to get to grips with a new set of procedural rules. The new rules are introduced from 29 July 2013.
DLA Piper has appointed Joseph Guarino as a partner in the firm’s employment and litigation practice.
Companies offering UK-based employees rights in the company’s stock should be aware that these employees may have reporting obligations to the UK tax authorities.
Lewis Silkin is advising Linklaters as the firm faces a discrimination claim and allegations of fraudulent billing from a former paralegal.
Walker Morris has advised Meridian Motor Group on its acquisition of four West Midlands dealerships from the Synter Motor Group.
Can reinstated employees be subsequently constructively unfairly dismissed on the grounds of unfavourable terms of return to work?
Many employees, volunteers and other workers are subject to a criminal records check. This alert summarises two important developments that employers should know about.
DLA Piper and NCTM are legal advisers in the acquisition of Inver Group, from the Domenichini family, by the Valspar Corporation, a manufacturer of paints and coatings.
Fox Williams has added Pinsent Masons partner Helen Farr to its employment and partnerships team.
In Imam-Sadeque v Bluebay Asset Management (Services) Ltd , the High Court considered whether an employee had acted in repudiatory breach of his employment contract and a compromise agreement.
A City employee has recently succeeded in a victimisation claim following dismissal by her employer, Commerzbank AG, for bringing a sex discrimination claim against her previous employer DB.
Tom Solesbury talks about the highs and lows of being a 2012 Olympic athlete, and the transition to practising as an employment lawyer
Walker Morris has been appointed to the West Yorkshire Legal Services Framework.
Mills & Reeve has announced that its merger with Manchester firm George Davies has completed.
The Enterprise and Regulatory Reform Act 2013 includes a number of measures to encourage employers and employees to settle disputes at an early stage.
Revised MARPOL Annex V: an update download
At the 65th session of the MEPC, one of the items on the agenda was the revised MARPOL Annex V, which came into force on 1 January this year.
Hogan Lovells has released the latest edition of Employment News, its weekly newsletter focusing on UK employment matters.
From 29 July 2013, all new employment claims (and appeals to the Employment Appeal Tribunal) will require a fee to be paid by the claimant or appellant.
The California Court of Appeal has signalled that employers should be careful when utilising alternative wage schemes for work done by employees.
Yorkshire firm Gordons has announced the launch of a pensions team with the hire of Eversheds’ Leeds pensions head Terry Saeedi.
An employer must comply with its duty to inform and, if relevant, consult if it is likely a TUPE transfer will take place to avoid claims for a protective award.
Before the Equality Act 2010 came into force, legislation and case law made clear that ex-employees were protected from victimisation at the hands of their former employers.
The DBS will launch a live ‘update service’ on 17 June 2013. Once individuals are registered on the service, employers will be able to carry out a free, online check on the current and up-to-date status of an individual’s DBS certificate.
Addleshaw Goddard has released the May 2013 edition of its Employment Up to Date publication.
It is anyone’s guess how many vexatious employment tribunal litigants there are. Their prevalence has been used to justify the planned introduction of tribunal fees.
Do you ever wonder if, instead of focusing on running your business, you spend your life catching up with bureaucracy and endless new government and legislative initiatives?
Hogan Lovells has released its May 2013 European Employment Law Update.
The Employment Tribunal has rejected an age discrimination claim by lawyer Leslie Seldon against his former firm Clarkson Wright & Jakes (CWJ), bringing to an end five-year legal battle that reached the Supreme Court.
Chambers USA 2013 recognises Hogan Lovells’ practice areas and lawyers.
The Serbian parliament has adopted the Law on Amendments of the Labour Law.
DLA Piper has received 177 individual lawyer and 64 practice rankings in the latest annual Chambers USA.
This year’s Lawyer Awards employment entries show just how wide-ranging this sector is
Travers Smith discrimination case shows why employers will continue to lose talented new mums
The Maritime Labour Convention (MLC) will enter into force internationally on 20 August 2013.
King & Wood Mallesons has released its Employee Relations & Safety Update for May 2013.
Mills & Reeve has been reappointed as sole adviser to the University of Bedfordshire.
Senior associate at Karanovic & Nikolic moderates session at Foreign Investors Council Reality Check event
Milena Jaksic Papac, senior associate at Karanovic & Nikolic, has moderated a session at the Foreign Investors Council Reality Check conference.
The New York State Department of Labor recently published proposed regulations addressing employer deductions from employee wages.
Andrew Rayment from Walker Morris speaks at Yorkshire event.
The Enterprise and Regulatory Reform Act 2013
Drafting references can be a legal minefield for employers.
Barrister acting for football club over dismissal claim must have known he was onto a loser
Travers Smith has lost a discrimination case brought against it by a former trainee who claimed she was not given a permanent job because of her pregnancy.
The Spring 2013 issue of Mills & Reeve’s Employment Post is available now.
The April 2013 issue of King & Wood Mallesons’ China Bulletin is available now.
Dacheng has a profound appreciation of the importance of labour law issues to its clients and attaches high importance to the quality of its services in this area.
The workplace in 2013 and beyond download
Two new acts were passed by Parliament in April 2013 that, when brought into force, will largely complete the Coalition’s programme of employment law reform.
Walker Morris announces two partner promotions as well as eight director promotions.
It is debatable how useful post-termination restrictions are and to what extent they can really provide any protection.
Recognised as one of the market’s top employment and benefits practices, we offer clients a truly integrated approach.
Taylor Wessing has added a fresh batch of data-protection-focused content to its Global Data Hub site.
When a key employee leaves, employers can find themselves facing difficult practical and legal issues over who to replace them with.
The Information Commissioner’s Office (ICO) has published new guidance on ‘bring your own device’.
Hogan Lovells has released the 13 May edition of Employment News.
For many employers, the key to having a productive and high-performing workforce is recruiting the right people.
The Coalition has released its workplace relations policy with a statement that the policy ‘will not re-introduce Australian workplace agreements, nor will it weaken safety nets or cause any Australian worker to go backwards’.
An exclusive remedies clause provides that a party’s remedy for breach of contract is restricted to the form of redress expressly prescribed in the contract to the exclusion of all other remedies that would otherwise be available at law.
The May 2013 edition of Addleshaw Goddard’s European Employment Law Update is available now.
When negotiating a contract for the provision of services, the legal implications of TUPE should inform the commercial position of the parties.
Employers need to take enhanced care when contemplating adverse action against an employee who may qualify for whistleblower status.
Although changes to the collective redundancy consultation regime introduced last month have been well publicised, some important things are not changing.
The Employment Appeal Tribunal has handed down a helpful decision on identifying the affected employees with whom information and consultation must take place on a TUPE transfer.
The Summer Term edition of Winckworth Sherwood’s Heads Up! publication is available now.
Addleshaw Goddard’s Up to Date publication (April 2013) is available to download.
DLA Piper has announced that 34 lawyers have been promoted to its partnership. The promotions are effective from 1 January 2013 in the US and 1 May 2013 for the EMEA and Asia-Pacific regions.
French employment law is set to change, but the proposals have caused dissent and strikes.
The US EPA has unveiled a new approach to evaluating climate change impacts under NEPA — monetising social costs of CO2.
ACH Shoosmiths has opened its new offices in the heart of Edinburgh’s business and financial district.
Employers need to consider whether they can offer a disabled employee reduced working hours as a reasonable adjustment before dismissing them.
Jordan: employee share-option plans download
Jordan Securities Commission Instructions for Conferring Share Options on Public Shareholding Companies’ Employees stipulates the conditions for conferring share-option plans on employees.
The parliamentary term ended on 25 April 2013 with a narrow win for the government in a stand-off over the ‘shares for rights’ scheme.
Addleshaw Goddard has released its Employment Up to Date publication for April 2013.
Approval of the introduction of the employee shareholder status has finally been given by Parliament, but only after a number of amendments to the relevant legislation were agreed by the government.
Chambers Europe has recognised Mourant Ozannes as a leading law firm in the offshore sector.
The Hong Kong Minimum Wage Ordinance (Cap. 608) came into force on 1 May 2011 and introduced a statutory minimum hourly wage rate of HKD28.
Law à la Mode: Issue 9 — Spring 2013 download
Issue 9 of DLA Piper’s Law à la Mode publication is available now.
The Enterprise and Regulatory Reform Bill will bring unfair dismissal awards and whistleblowing claims under much stricter scrutiny, according to Hogan Lovells.
Appleby has announced the promotion of three lawyers to the partnership and the appointment of five lawyers to the position of counsel.
Karanovic & Nikolic has released the April 2013 edition of its Employment newsletter.
Mills & Reeve has announced six new internal partner appointments, which will take effect from 1 June 2013.
Winckworth Sherwood has released issue four of its Need to Know HR Law Update.
Hogan Lovells has released the latest edition of Employment News, focusing on warnings, employment reforms and whistleblowing.
Binder Grösswang has advised Austrian Stock Exchange-listed Lenzing on the auction sale of its plastics business unit.
The Mills & Reeve employment team understands the challenges that face the education sector; from advice on pensions and redundancy, to tribunals and strikes.
Jo Keddie has been quoted in the Financial Times on Aviva’s decision to reduce redundancy packages.
Hogan Lovells has secured a victory in the Supreme Court on behalf of its client, US Airways, in US Airways v McCutchen.
Six new partners are among 22 promotions at Shoosmiths. The partners are joined in the law firm’s 2013 round by 16 new senior associates.
Following changes to the law on collective redundancy consultation, ACAS has published guidance for employers on how to manage collective redundancies.
New housing and work law legislation download
The Control of Housing and Work (Jersey) Law 2012 is expected to be brought into force on 29 April this year.
The National Minimum Wage will rise again in October 2013 when both the adult and apprenticeship rates will increase.
Employment News — 15 April 2013 download
Hogan Lovells has released the latest edition of Employment News.
This briefing from Walker Morris looks at the latest word on changes in employment law. It considers those changes that are already in force, those coming into force later this year, and those expected in 2014–15. The firm also looks at changes that currently face an uncertain future.
Winckworth Sherwood has appointed solicitors James Lynas and Hazel Anderson to the partnership.
How you approach the issue of BYOD depends on the nature of your business, whether the practice offers you any real benefits and your IT budget and capabilities.
Pinsent Masons is set to make roughly 13 lawyers redundant in its employment practice in its third round of layoffs since merging with Scottish firm McGrigors last year.
Winckworth Sherwood’s employment partner David von Hagen quoted in FT and Daily Mail.
King & Wood Mallesons has released the April 2013 edition of its Workplace Essentials publication.
Hogan Lovells has released the latest edition of its weekly newsletter on UK employment matters.
The Money Advice Liaison Group has released a briefing note on the best practice for appropriately processing data from individuals with mental health problems.
The Health and Safety Executive (HSE) introduced the Fees for Intervention (FFI) scheme on 1 October 2012. Six months on, what has been the experience of clients?
Goodman Derrick announces employment law seminar.
Karanovic & Nikolic helps organise business breakfast on ‘The New World of Work’.
Young, dynamic industries such as the technology sector have perhaps felt rather smug that they are not embroiled in the complexities that surround pension provision.
Winckworth Sherwood’s Karen Cooksley has commented on the simplified National Planning Policy Framework — which marked its first anniversary on 27 March 2013.
The government recently made a surprising announcement that it intends to push back many of its employment reforms from April 2013 to ‘the summer’.
Shoosmiths has reached 100 employees at its Manchester office.
The government has announced that the timetable for some of the proposed employment law reforms expected to come into force in 2013 has changed.
Pensions News — February 2013 download
The latest developments in pensions legislation.
A female partner in Linklaters’ employment practice has endorsed quotas for women on executive boards
According to a 2012 NHS report, 26 per cent of the UK’s adult population is obese. Data shows an approximate one per cent annual increase in obesity.
Pensions update — March 2013 download
Nabarro’s March 2013 pensions update is available now.
King & Wood Mallesons has acted for Airtrain Holdings in its sale to USS Axle, by way of three interconditional schemes of arrangement, for AUD109.55m (£76m).
Hogan Lovells has won two awards at The Times’ Graduate Recruitment Awards 2013.
Issue 3 of Winckworth Sherwood’s Need to Know employee law update is now available.
Spring is an excellent time to refresh your employment contracts. Even contracts that are kept under regular review may have become a little outdated as a result of recent developments in employment law.
The Control of Housing and Work (Jersey) Law 2012 is expected to come into force on 29 April 2013. Property lawyers from Appleby ran a seminar on 11 March outlining the key aspects of the legislation.
Simmons & Simmons appoints Danny Tsang and Ian Fraser as partners within its international employment group.
King & Wood Mallesons has released the March 2013 edition of its Employee Relations & Safety Update.
The federal government has introduced amendments to the Fair Work Act 2009 (Cth).
DLA Piper has released a summary of all of the firm’s rankings and editorial commentary in Chambers Global 2013.
With an increasingly mobile workforce, the practice of bringing your own device (BYOD) is already a fact of life for many businesses.
Olswang has been recognised by Chambers & Partners in its 2013 Global edition.
This week’s Employment News features articles on redundancy selection, disciplinary procedures, data protection and mobile devices.
Appleby recently acted in the matter of Dervan and MD Events v Concept Fiduciaries Ltd and Others for applicants to the Royal Court of Guernsey who sought to set aside two dispositions into an employee benefit trust on the ground of mistake.
Employers are reminded that, for those subject to the reporting requirements under the WGE Act, the current reporting period ends on 31 March 2013.
Are covert recordings admissable? download
The EAT has reaffirmed that, whilst distasteful, covert recordings are admissible as evidence in an Employment Tribunal and the way in which they are made does not alter that.
Recruitment company Manpower has reported that the UK’s employment situation is the best since the recession began and that recruitment is set to increase.
A panel of three judges in the DC Circuit stunned Washington on Friday by striking down President Obama’s recess appointments to the NLRB in Noel Canning v NLRB on a basis much more sweeping than had been anticipated.
Hogan Lovells has announced that the Diversity & Flexibility Alliance has awarded Eve Howard and Susan Herlick as an attorney-client team with one of only two Alliance Flex Success Awards for 2013.
The Supreme Court has ruled that 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.
MPF Awards recognises Hogan Lovells’ development and leadership programmes.
Case digest: (un)lawful terminations, religion discrimination and holiday rights of healthy workers download
A number of judgments, published in the last few weeks, are likely to affect the day-to-day working practices of many of our readers.
The employment department has developed a considerable experience in providing legal assistance on employment and labour law matters.
NCTM has developed a broad experience in Italian worker safety and environmental regulation.
It is time for employers to re-examine every step of the Chinese employment process and how it is handled, from hiring to firing, to avoid costly mistakes.
A guide to Hong Kong employment law for employers.
A guide to Australian employment law as it covers workers with long term medical conditions, disabilities or injuries.
The decision to dismiss an employee is an area of the employment relationship that requires an understanding of a wide range of legislative and other obligations of an employer.
A guide to Australian employment law, covering discrimination, entitlements, redundancy and more.
An overview of developments in employment law in Bosnia & Herzegovina, Macedonia, Montenegro and Serbia.
King & Wood Mallesons has published its Workplace (e)ssentials for March 2013.
Walker Morris has published its Employment Briefing for March 2013.
This briefing from Nabarro looks at a few simple steps that employers can take to reduce the risk of employment tribunal claims and to increase the chance of successfully defending them.
Employment News — March 2013 download
Hogan Lovells has released its employment news update for March 2013.
The US Department of Labor has updated the Family and Medical Leave Act regulations.
Companies looking to ban ‘remote working’ could fall foul of employment laws.
Recent news stories concerning the NHS and the financial services industry have highlighted how challenging the issues associated with whistleblowing can be for an organisation.
The much-anticipated final report on the review of unapproved share schemes was published by the Office of Tax Simplification on 16 January 2013.
The law relating to collective consultation on a TUPE transfer and where more than 20 redundancies are proposed has changed.
The Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013 is expected to come into force on 6 April 2013.
Employment partner Jo Keddie has been quoted in the Daily Telegraph in an article relating to redundancy.
Employment alliance appoints Vasil Kisil & Partners as a member and makes Nestor Nestor Diculescu Kingston Petersen and Al Tamimi & Company affiliate members.
A plan for Australian jobs download
As part of ‘A Plan for Australian Jobs’, the government plans to roll out the Australian Industry Participation plans.
No need for qualifying service in cases claiming unfair dismissal for political views.
Employee shareholders: the basics download
Employee shareholder legislation is now making its way through parliament.
Children and Families Bill 2012/13 download
The UK government has been considering changes to family-friendly rights. In early February 2013, the proposals came one step closer to becoming reality with the introduction of the Children and Families Bill 2012/13.
Bowman Gilfillan is one of South Africa’s leading employment law firms and has the largest employment law practice of its kind in South Africa.
Our Employment Law, Pensions and Benefits practice advises domestic and international institutional clients, originating in large part from the banking sector, on a range of day-to-day issues.
Managing sickness download
Goodman Derrick sets out some useful reminders on how to deal with sickness absence.
Hospitality employers have been given yet another reason to review their practices when it comes to employee gratuities and the deduction of any portion of such gratuities.
Sexual harassment in the workplace download
Sexual harassment in the workplace: the rights of the victim and obligations of the employer.
The Labour Code does not contain any specific provisions relating to alcohol in the workplace.
On 6 February 2013, the US Department of Labor issued new Family and Medical Leave Act (FMLA) regulations that take effect on 8 March 2013.
On 22 December 2012, the government of Mongolia issued resolution #192 approving the foreign labour force quota ratio for 2013.
Watson Farley turns to German independent Heuking for employment partner Anne Kleffmann as it continues to expand its German offering.
Opinions on Several Issues Concerning the Implementation of the Regulations on Work-related Injury Insurance (Consultation Draft) has been released to solicit public comments.
The Decision on Strengthening Network Information Protection was promulgated by the Standing Committee of the National People’s Congress and came into effect on 28 December 2012.
The DIFC Authority has introduced some key amendments to the rules regarding employment relationships for organisations operating within the DIFC.
King & Wood Mallesons comments on a case where an indemnity agreement for a work-related injury was revoked for obvious unfairness.
Employers warned over evading payment of employee’s wages.
Hogan Lovells has released its weekly newsletter on UK employment matters.
We assist our clients in all aspects of labour law.
ACAS has launched a consultation on a draft code of practice on settlement agreements that explains the government’s new legislation on pre-termination negotiations.
Romantic relationships between colleagues are presenting various legal concerns for employers.
Former Travers trainee claims firm discriminated against her by not granting her a permanent job because she was pregnant.
The Practical Law Company’s Multi-Jurisdictional Guide to Employee Share Plans 2012/13 features this extract on Luxembourg.
MOLITOR’s Michel Molitor and Nadine Bogelmann focus on Luxembourg in 2012/2013 employment guide.
Our firm deals with employment matters including lawsuits for the claim of due payments, compensation for unfair dismissal and any other benefits on behalf of our clients, employers or employees.
MOLITOR provides advice and assistance to employers in industrial disputes, staff representative elections and collective dismissals.
Employment firm picks up experienced professional training lawyer to set up a team dedicated to the field.
The latest guidance from the Supreme People’s Court in China.
We advise clients on all aspects of employment law, ranging from contracts of employment, dismissals and redundancies and employment disputes.
The Curtis ERISA, Executive Compensation and Employee Benefits practice represents clients including national and multinational corporations and partnerships, corporate executives, boards of directors, single- and multi-employer plans and ERISA fiduciaries.
The Employment and Labor practice at Curtis advises US, European and multinational companies on employment-related policies and programmes.
The employment and benefits group at Mayer Brown has lawyers in key business centres across the US, Europe and Asia.
Our team helps clients manage the legal, commercial and reputational risks associated with employment, OHS and industrial relations issues.
Employment law continues to evolve rapidly and, since our Spring 2012 Employment Law Update, there have been further significant developments, in particular as regards employer pension duties and imminent changes in relation to the employment of seafarers.
Welcome to the October 2012 edition of our Employee Incentives Update.
Welcome to the September 2012 edition of our Employee Incentives Update.
Our expert lawyers deliver practical and commercial solutions to often complex employment issues.
The new limits on employment tribunal awards and on statutory payments for 2013 have been announced.
This report examines some of the factors contributing to discrimination at work.
This report examines some of the factors contributing to discrimination at work.
Since no two people are alike, neither are two employees. We always address any employment issue as an individual set of circumstances, specific to our client.
Our Employment, Pensions and Benefits team advises on all aspects of employment and pensions law and employee incentive arrangements.
Hogan Lovells’ Litigation, Arbitration and Employment practice has a long track record of achievement in complex, high-stakes, international disputes.
Our employment and pensions practice understands that employment and pension issues are often the most delicate and important a company has to face.
Mourant Ozannes’ employment team provides specialist employment law advice in the Cayman Islands, Guernsey and Jersey.
The employment world’s legal landscape is changing constantly, presenting a unique challenge for businesses and their HR teams. There is not much that our team of experienced employment specialists has not seen before, meaning we are well placed to deliver cost-effective commercial advice without the ‘legalese’.
Karanovic & Nikolic’s employment team provides a complete service dealing with all aspects of the employment relationship, from recruitment to retirement, including cross-border human resources and immigration issues.
Our employment lawyers act for both employers and employees which gives us invaluable insights into workplace issues from both sides.
Employers have an ongoing need for advice, representation and in-depth knowledge of employment, reward and civil rights matters. The assessment and management of risk arising from the employment relationship is a key requirement for all organisations, wherever they are based or operate from.
The Equality and Human Rights Commission has issued guidance for employers and job applicants on pre employment health questions.
Religion at work: new ECHR ruling download
The European Court of Human Rights has handed down a judgment considering the right of individuals to manifest their religion in the workplace.
Government cuts large-scale collective redundancy consultation period to 45 days.
The employment and pensions teams at Walker Morris work closely together to provide a complete service for clients.
US employment firm Jackson Lewis is to open an office in Puerto Rico, marking its first base outside of mainland US.
The OFT has launched a market study to examine whether the UK defined-contribution workplace pension schemes deliver the best value for money for savers.
Employers and their Human Resources advisers face constant difficulties in trying to avoid potential pitfalls posed by current employment and discrimination law.
Goodman Derrick LLP has acted for clients in the hotel and leisure industry for many years and the Employment Department recognises that this sector is heavily reliant on its staff.
2012 has been a very busy year in employment law, with significant changes to the law surrounding pensions, sick leave and paid holiday and the minimum wage.
Introduction to employee-ownership download
Businesses can engage people to work for them on many different terms. They may have full-time, part-time or fixed-term employees, workers or self-employed individuals.
Liquidated damages in the UAE download
International contractors from common law jurisdictions will be familiar with the concept of liquidated damages.
Bonuses in the United Arab Emirates download
Employers often use bonus schemes as incentives to reward and retain valuable employees and this is usually the time of year when employers are reviewing performance and determining whether bonuses will be issued.
Since the introduction of the TUPE Regulations in 2006, customers and suppliers have generally taken a cautious approach to the new “service provision change” test, applying TUPE to most outsourcing situations.
Employment and pensions legal update — Seldon: the end of the road for compulsory retirement age? download
The long awaited decision from the Supreme Court in the case of Seldon v Clarkson Wright and Jakes has resulted in Mr Seldon (a partner in the law firm, CWJ, forced to retire at 65) losing his appeal.
Proposed amendments to the PRC Employment Contract Law - impact on labour dispatch companies (Part 1) download
November 2012: Anticipated changes to PRC Employment Contract Law this month will affect labour dispatch companies, if approved.
Looking back over 2012, we have noticed a clear trend from the cases which emphasise the ability of employer and employee to set the terms by which they will agree to work together.
FSA sanctions in team move cases download
In Spring 2010, we published an Update on the Tullett Prebon Plc v BGC Brokers LP case.
Changes continue to be introduced to HR Regulation in many of the Asian jurisdictions in 2011.
Changes to European prospectus regime: will it be easier for US companies to operate employee stock plans in Europe? download
Recent amendments to the European prospectus rules may make the operation of certain employee stock plans in Europe by multinationals listed in the United States cheaper and more straightforward.
Recent amendments to the European prospectus rules may make the operation of certain employee stock plans in Europe, by multinationals listed outside Europe, cheaper and more straightforward.
The additional rate of tax, which applies to taxable income above £150,000, has stood at 50% since it was introduced in April 2010.
A voluntary “Code of Good Practice” on Incentive Exercises (the “Code”) has been published by a Working Group drawn from organisations across the pensions industry.
November 2012: Pensions update download
An overview of issues facing the pensions sector, with attention to recent government reforms.
July 2012: Pensions update download
An overview of issues facing the pensions sector, covering automatic enrolment and age related factors in financial services.
December 2012: Pensions update download
An overview of legal issues facing the pensions sector in the new year.
IBM trustee success in rectification claim: active members entitled to an unreduced early retirement pension download
In a case brought by the trustee of the IBM Pension Plan (advised by Nabarro partners Jennifer Bell and Neal Gibson) the High Court has ruled that the scheme documents should be rectified to confirm that active members have a right to retire without employer consent from age 60.
2012 has seen the Government take steps to encourage employee ownership which, according to figures released by the Department for Business, Innovation and Skills (BIS), has become increasingly popular.
The law dealing with the holiday rights of workers on sick leave taxes many HR professionals: the law has developed in a piecemeal fashion and gaps are filled haphazardly by the courts.
One issue on which we frequently advise is the meaning of the term “establishment” for the purposes of collective information and consultation.
The government has just announced its plans to revise the UK’s collective consultation regime.
An employee who wishes to compete with your business can obtain unfair competitive advantage. The so-called “springboard injunction” can come to your rescue.
In this briefing we explore some key features of the Constructing Excellence contract and some effects and issues arising from the same.
On 8 October 2012, the Chancellor of the Exchequer announced plans for the introduction of a new form of employment relationship – the “employee-owner”.
The Enterprise Management Incentive (“EMI”) option regime came into effect in 2000.
Last week, the Government announced a number of proposals for changes to employment laws.
Employment lawyers and HR professionals expect 2013 to be a busy year.
Tax: Employee share plans download
For both listed and unlisted companies, employee share plans can play a crucial role in the recruitment and retention of employees at all levels within their business, especially since some forms of employee share plan attract tax favourable treatment in the UK.
Since 6 April 2011, certain termination payments made to employees after issue of their P45 have been subject to a new tax regime implemented by the Income Tax (PAYE) Regulations 2011. “Share-based payments” (including employee shares, share options and related gains) made after the issue of the employee’s P45 were carved out of the new regime, but this is set to change. Under draft regulations recently published by HM Revenue and Customs (HMRC), with effect from 6 April 2012, employers ...
A number of recent developments in the area of religion and belief discrimination merit employers’ attention.
Baker & McKenzie employment partner Monica Kurnatowska (scroll down for video interview) would be the first to admit that as a lawyer acting predominantly for employers it’s not always the case that the employees on the other side of the table reach the end of a deal feeling upbeat.
Head of the employment department at Mishcon de Reya Joanna Blackburn runs one of the largest teams in London, with 27 fee-earners and seven partners.
The European Court of Human Rights has issued its long awaited judgment in the case of Eweida and Others v the United Kingdom.
Landis+Gyr, which specialises in smart metering, has appointed Walker Morris as its sole legal adviser for employment law in the UK.
Italian labour law firm hELP - Persiani has launched an office in London in a rare move for a boutique European firm.
On 1 July 2012, the Act on Special Measures concerning Procurement of Renewable Energy Sourced Electricity by Electric Utilities (Act No. 108 of 2011) came into effect and a feed-in tariff system was introduced in Japan in an effort to promote the use of renewable energy.
Italian employment firm Lablaw has hired partner Sharon Reilly from competing boutique hELP - Persiani, boosting its strength in international matters.
The European Court of Human Rights (ECHR) has delivered a mixed verdict in four landmark religious liberty cases this morning, finding that British Airways (BA) discriminated against a cross-wearing employee but dismissing the other three appeals.
Job losses in the City reached the highest level since the peak of the financial crisis in 2008, data obtained by Pinsent Masons has revealed.
Eversheds has taken on a team of four employment lawyers from the Shanghai office of Salans, which is to merge with SNR Denton in the coming months.
Veale Wasbrough Vizards has announced it has hired education employment specialist Alice Reeve to join the firm’s education practice group.
The compensation limits on Tribunal awards will increase as of 1 February 2013.
2012 year-end German law update download
In retrospect, 2012 likely will be remembered as another year of manifold challenges in the Eurozone and of slow consolidation rather than one of fundamental reform or renaissance.
This at-a-glance guide to forthcoming changes in employer/employee relations is intended to keep readers on top of developments.
Employment firm network Ius Laboris has appointed Claeys & Engels senior partner Chris Engels as its new chairman.
The UK Supreme Court has provided guidance about issues of importance for employers wishing to dismiss a UK employee.
The government is set to reduce the collective redundancy consultation period to 45 days.
German labour and employment news download
In this issue (Inter alia): minimum wages in Germany; transfer of business by takeover of personnel; facilitation of immigration of specialised personnel.
The European Commission recently proposed a directive with the aim of accelerating progress to greater gender equality in corporate boardrooms.
Gibson Dunn & Crutcher is appearing in the London Central Employment Tribunal this week in an attempt to fight off a sex discrimination claim brought by a former employee.
Italian employment boutique Lablaw is entering the Neapolitan market through an association with local firm Fontana Studio Legale.
This Commentary highlights some of the principal calendar and year-end reporting requirements for employee stock plans that US companies most commonly encounter when offering these programs to their employees in selected jurisdictions worldwide.
Reform to Mexico’s Federal Labor Law download
The Labor Practice Group of Baker & McKenzie Mexico has prepared this document containing a general analysis of the relevant concepts of the reform to the Federal Labor Law approved by the Mexican Congress on 13 November 2012.
In this article we list the top ten labour law issues employers operating in Europe need to understand in order to avoid employment disputes, litigation and disruption to their businesses.
The European Court of Human Rights (ECHR) has held that employment law in the United Kingdom does not adequately protect individuals from dismissal as a result of their political beliefs or affiliations.
The UK government is proposing to amend the Employment Rights Act 1996 to create a new type of employee, the employee-owner.
Freshfields Bruckhaus Deringer is to host a targeted series of events for its workforce focusing on its employee benefits programme in a bid to freshen its benefits scheme and keep staff engaged.
In the past two months, the UK government has announced a number of reforms to existing UK employment law.
US employment firm Ogletree Deakins is set to enter the European market with office launches in London and Berlin before the end of the year.
Goodman Derrick’s Alison Downie is chairing the Law Society Law Management Section HR Forum 2012.
The US member of global employment alliance Ius Laboris, Littler Mendelson, has announced it is leaving the group to focus on a globalisation strategy.
In 2008, China’s Labour Contract Law provided uniform rules regarding non-compete issues after the termination of an employment relationship.
Employment lawyers have reacted with some scepticism about Chancellor George Osborne’s ‘rights for shares’ scheme proposals at the Conservative party conference.
Morgan Lewis has appointed Pinsent Masons partner Nick Thomas as a partner in its London labour and employment practice.
Eversheds has recruited two employment partners from Winston & Strawn’s Paris office, just a year after the pair joined the US firm.
Stewarts Law employment partner duo Gareth Brahams and Arpita Dutt are set to leave the litigation boutique to launch their own practice, less than a year after Dutt joined the firm.
Recent announcements by Business Secretary Vince Cable suggest that major employment reforms aimed at encouraging businesses to hire again might be implemented soon.
To successfully reorganize in Chapter 11, a bankrupt company may need to retain key employees who understand the company’s business and who can design and implement the company’s reorganisation plan.
Jones Day has appointed Nabarro’s employment head Julie Quinn as a partner in its London office, in a rare partner-level hire for the firm’s City employment team.
On 26 July 2012, the Pensions Regulator issued a statement on financial support directions (FSDs) with the intention of providing further guidance and comfort with regard to the circumstances in which it will issue an FSD after a company has been placed into administration.
A trio of partners from Benelux firm Stibbe and Field Fisher Waterhouse (FFW) have teamed up to launch a Brussels employment boutique.
DLA Piper has expanded its employment team in Paris with the hire of partner Philippe Danesi from Bird & Bird.
An update on developments in Frencj employment law, including new legislation on the tax regime concerning severance payments and sexual harassment, as well as important precedents in case law.
Recent publicity about confidentiality or ‘gagging’ clauses in employees’ severance agreements, especially where matters of wider public interest arise, has highlighted the issues involved in the negotiation and drafting of such provisions.
The holiday rights of workers who fall ill while on holiday, or are absent on long term sick leave, have been extended further by two recent rulings.
From October 2012, the new UK pensions auto-enrolment regime will start to apply to the largest employers in the UK, being employers with 120,000 or more “eligible jobholders”.
Sick workers in UK not required to make leave request to enjoy accrued annual leave benefits download
The Supreme Court recently held in NHS Leeds v Larner that the statutory right to 28 days annual leave is not conditional upon a sick worker having made a leave request to the employer in the relevant leave year.
This is our 3rd Olympics briefing, dealing with how to prepare for issues that may arise once the Olympic Games are underway.
The English Court of Appeal recently delivered a judgment in Chandler v Cape Plc  EWCA Civ 525 which has potentially significant implications for groups of companies.
Continuing economic uncertainty presents employers with challenging employment decisions and on occasion the need to conduct redundancy exercises.
Age discrimination, the decisions in Seddon and Tiffin and the employment ramifications of firms becoming ABSs are the hot issues for the peer panel
Specialist lawyers reject Beecroft ’sack on sight’ report, branding it unbalanced
Leading public law silk Richard Hermer QC of Matrix Chambers will lead the fight against Clyde & Co over whistleblowing claims launched by former partner Krista Bates van Winkelhof.
In Europe, many employers are currently caught in the middle of a conflict between older and younger employees. UK employers may lawfully use age directly or indirectly in decision-making if “justified.”
The Supreme Court has dismissed an appeal by lawyer Lesley Seldon, who challenged his firm’s right to retire him at the age of 65.
The Supreme Court will next week (25 April) decide what justifications a partnership can use to retire a partner when it hands down judgment in Seldon v Clarkson Write & Jakes (CWJ).
Employment alliance L&E Global has recruited Norwegian firm Storeng Beck & Due Lund as its 13th member firm.
Freshfields Bruckhaus Deringer’s entire Frankfurt employment team has exited to launch a boutique, with the magic circle firm sending in a two-lawyer team from Cologne to plug the gap.
A barrister from DWF is defending a Coventry-based firm in a caste discrimination claim being heard at Birmingham Employment Tribunal.
Employment lawyers have given a mixed response to an eagerly anticipated Court of Appeal (CoA) ruling on whether discrimination can be justified by saving costs.
Veale Wasbrough Vizards associate Michael Hasley has unsuccessfully defended the Royal College of General Practitioners (RCGP) against a claim of sexual harassment and discrimination from a former employee.
Simmons & Simmons is advising former Olympus president Michael Woodford, who was sacked after blowing the whistle on dubious deals at the company, as he takes his case to the London Employment Tribunal.
Bristol set Guildhall Chambers is to launch an employment group after adding five new members from Queen Square Chambers.
Italian employment boutique the Employment Law Plant (hELP) has merged with labour and welfare law firm Studio Legale Persiani, doubling its size.
The Supreme Court has convened five of the country’s most senior judges to hear a landmark case over the social justifications that can be used to justify retiring a partner.
Litigation firm Stewarts Law has further expanded its employment practice through the appointment of Russell Jones & Walker partner Arpita Dutt.
US employment and labour boutique Littler Mendelson has joined forces with a group of 25 attorneys to launch two offices in Mexico.
Justice minister Jonathan Djanogly has launched a consultation aimed at lowering the £84m cost to the taxpayer of running employment tribunals.
The High Court has jurisdiction to hear equal pay claims after the Court of Appeal ruled in a case brought by Birmingham City Council.
A former £200,000-a-year Stringfellows stripper has been granted permission to appeal a decision by the London Central Employment Tribunal, which ruled she could not sue her former ‘employer’ as she was self-employed.
Employment lawyers have generally welcomed business secretary Vince Cable’s new employment law measures but are sceptical about areas such as the reform of the tribunal system.
The Government is not standing still in its efforts to adapt employment law to today’s commercial realities, but as Tom Flanagan reports, a lack of cohesion between the various initiatives is threatening their efficacy
Commercially speaking, the meanings of partner are manifold. Tim Marshall cites two recent cases that indicate clearly the need for pen-and-ink clarity from the outset
A team of lawyers from Italian employment specialists Toffoletto e Socio and DLA Piper have split off to form a niche labour boutique.
Employment lawyers have hit back at a leaked government paper that proposes abolishing unfair dismissal claims for ’unproductive workers’, stressing it would rob all employees of basic legal protection.
International employment law alliance L&E Global has admitted Australia’s Harmers Workplace Lawyers to its membership, as the organisation expands into Asia Pacific.
Colt Technology Services has signed up Greenberg Traurig Maher (GTM) as its sole employment-law advisor a year after a similar deal with Berwin Leighton Paisner’s (BLP) Managed Legal Service arm collapsed.
Mexican firm Natividad Abogados has become the latest firm to join employment law alliance L&E Global.
Employment and incentives may not be the words that get most people’s hearts pumping, but for Linklaters the practice area has been a source of strife of late.
Linklaters has reshaped its employment and employee incentives practice following the departure of global practice head Janet Cooper.
The Supreme Court has convened five justices to hear a dispute over holiday entitlement for offshore workers, a case that could have implications for holiday allowance for all employees.
The Employment Appeal Tribunal (EAT) has rejected a bid made by Orchard Park Garden Centre to challenge an unfair dismissal ruling brought by an ex-employee and animal rights activist.
Mr Justice Langstaff has been appointed head of the Employment Appeal Tribunal (EAT) by the Lord Chief Justice Lord Judge.
Stephenson Harwood has turned to Ashurst again for a City hire, snatching employee incentives partner Barbara Allen.
Norton Rose has hired Linklaters employment partner Catrina Smith, filling the gap left by the departure of former practice head Peter Talibart.
Employment law alliance L&E Global has expanded into Asia Pacific with the addition of New Zealand firm Swarbrick Beck Mackinnon to its group.
Russell Jones & Walker (RJW) has promoted six to its partnership, with four made up in the firm’s employment team.
With litigation arising from team moves on the rise, Paul Goulding QC and Diya Sen Gupta look at how cases in this area are not providing a definitive path to judgment
Daniel Stilitz QC explains why the FSA’s new Remuneration Code for the financial services sector is likely to lead to a glut of litigation
CMS Cameron McKenna real estate disputes head Caroline DeLaney has quit after withdrawing a sexual discrimination claim against the firm.
Employers faced with the selection quandary during redundancy programmes have been given a helpful steer by a recent EAT decision. By Rachel Dineley
In this technologically driven age forensic accountants use a wide variety of tools to mine relevant data from the digital mountain. William Wilkinson reports
The Employment Appeal Tribunal has rejected Eversheds’ appeal against a decision that found the firm’s redundancy programme discriminated on grounds of sex by giving too much protection to pregnant employees.
An attempt by Clyde & Co to have Employment Tribunal proceedings against it stayed through the High Court has been rejected.
Lincoln’s Inn firm Payne Hicks Beach has hit Dawsons for employment partner Sarah Rushton.
Irwin Mitchell has hired Pinsent Masons partner Tom Flannagan as its new employment chief.
The number of claims lodged at the Employment Tribunal (ET) rocketed to 236,100 during 2009-10, representing an all-time high.
US employment boutique Littler Mendelson has formed a strategic alliance with Chinese firm TransAsia Lawyers, a move designed to expand the firm’s reach outside of the Americas for the first time.
Clifford Chance has named Chris Davies as head of its City tax, pensions and employment (TPE).
Government proposals to reform the employment tribunal system will have the greatest impact on the poor and will impede access to justice, employment lawyers have warned.
Six boutique employment law firms from across Europe and the US have joined forces to create an international employment law alliance.
Allen & Overy (A&O) has bulked up its Frankfurt office with the hire of the co-head of Hogan Lovells’ global employment practice.
Taylor Wessing has backed the launch of an LGB network for employment lawyers.
Leigh Day partner Camilla Palmer has helped secure victory for former Countryfile presenter Miriam O’Reilly in her age discrimination case against the BBC.
Some women cry rape, knowing the allegation to be untrue, but nobody would suggest abolishing rape laws. Likewise, some employees bring specious claims, knowing them to be untrue. That is not a reason to throw out employment rights for everybody.
JMW Solicitors senior partner Joy Kingsley has brought over a partner from her former firm Pannone to become head of employment.
City firm Devonshires has successfully fought off a victimisation claim brought by a former secretary in the Employment Appeals Tribunal (EAT).
Upcoming changes to the statutory parental leave system could leave employers facing some tricky decisions, says Suzanne Horne
Berwin Leighton Paisner has hired the head of Jones Day’s employment litigation practice.
Lawyers predict that he implementation of the Equality Act will lead to a rise in employment disputes as they take to the courts to test the boundaries of the legislation.
US firm Covington & Burling has boosted its employment team in London with a team of lawyers from Paul Hastings Janofsky & Walker.
The barrister who brought and lost a race discrimination claim against 4 New Square has had her appeal bid thrown out by the Employment Appeal Tribunal (EAT).
DLA Piper has failed to quash an Employment Appeal Tribunal (EAT) case from a former lawyer and will now have to re-defend a mental health discrimination claim in the Employment Tribunal.
Despite the fact that equality of pay for men and women was enshrined in law 35 years ago, it’s still a long way from being a reality. Richard Leiper asks whether we have any reason to be optimistic for the future
Two employment partners are leaving Wragge & Co for Reynolds Porter Chamberlain (RPC).
LEWIS Silkin has begun outsourcing sophisticated disputes work to litigation partners at a law firm in New Zealand.
Thomas Eggar London employment head Nick Hine has joined Davies Arnold Cooper’s (DAC) employment team.
The barrister who lost an Employment Tribunal racial discrimination case against three members of her former set and its senior clerk has launched an appeal.
London litigation boutique Cubism Law has hired David Buckle from Thames Valley firm BP Collins to launch its employment practice.
Dewey & LeBoeuf has started rebuilding its employment team a week after Morgan Lewis hired practically the entire department.
Dawsons has hired Berwin Leighton Paisner partner Paul Mander to head its employment practice following the departure of Jo Keddie earlier this year.
Offshore giant Walkers has launched a dedicated employment practice in its Cayman Islands base.
Dawsons has lost its second employment partner in a month with the departure of Jill Andrew to Marriott Harrison, it has emerged.
Field Fisher Waterhouse (FFW) has picked up the position as sole adviser on employment and HR issues for the Department for Work and Pensions (DWP).
Winckworth Sherwood has scooped Dawsons employment head Jo Keddie together with a three-lawyer team.
Reed Smith has hired employment partner Graham Green from McDermott Will & Emery.
As the battle surrounding the default retirement age rumbles on, Kate Miles and Charles Pallott outline the latest developments
Should companies now be considering increased use of permanent staff, askMartina Murphy and Peter Linstead
Basing pay on long service discriminates against women, says Emma Hawksworth
Law firms are having a good look in the mirror in light of the EHRC’s inquiry into sex discrimination within the financial services sector. By Naomi Feinstein and Marian Bloodworth
Be it the world of football, headhunting or banking, actions from former employees for stigma due to the actions of an employer are making a comeback. Ann Bevitt and Suzanne Horne provide some salutary examples
Travers Smith employment partner Dorothy Henderson has resigned from the firm, leaving just six female partners in its ranks.
Proskauer Rose and Morgan Lewis & Bockius target labour law in bids for London growth
Hammonds has appointed partner Matthew Lewis as its new Leeds head of employment.
French firm Franklin has beefed up its Paris employment practice with the hire of Norton Rose’s French employment chief.
Media firm Michael Simkins has hired a former Addleshaw Goddard partner to head its employment practice.
North West firm Brabners Chaffe Street has won a role advising the British Chambers of Commerce (BCC) on employment matters.
Pinsent Masons has beaten off competition from Addleshaw Goddard and Eversheds to win an exclusive role advising insurer RSA on employment and HR issues.
Executive remuneration and the cash bonus have become one of the hot topics of this recession.
A former Addleshaw Goddard partner has moved over to Finers Stephen Innocent to work in the firm’s employment team.
Locally managing part of a European-wide restructuring project is not to be underestimated. Alexander Vandenbergen explains why.
Chancery set Radcliffe Chambers has boosted its ranks with two new barristers, launching an employment ;litigation practice in the process.
International employment law alliance L&E Global has admitted Australia’s Harmers Workplace Lawyers to its membership, as the organisation expands into Asia Pacific.
The legal issue over whether strippers have an employment contract with lap dancing clubs could go all the way to the UK Supreme Court.
The Legal Services Act (LSA) has always been associated with personal injury (PI) powerhouses Irwin Mitchell and Russell Jones & Walker, both of which have big post-LSA ambitions.
Shoosmiths is looking at separating its volume business from the commercial part of the firm, with the aim of having two standalone brands.
The term ‘glass ceiling’ was coined to refer to situations where qualified and capable individuals are blocked from advancing through the hierarchy of an organisation.
Harbottle & Lewis has hired rated employment expert Howard Hymanson from Blake Lapthorn.
Being under constant public scrutiny is just one of the challenges facing Metropolitan Police general counsel Edward Solomons.
Freshfields Bruckhaus Deringer has been appointed the official law firm of the London Organising Committee of the Olympic and Paralympic Games.
Fund manager Patrick Evershed has instructed West End firm Monro Fisher Wasbrough to launch a constructive dismissal claim against his former employer New Star Asset Management.
Cadwalader Wickersham & Taft has threatened to sue the seven London partners who are leaving for Paul Hastings, after initially promising an amicable separation.
Life expectancy is rising by 15 minutes every hour. For a 45-year-old partner it will have increased by five years by the time they retire at 65. Partners will, therefore, need to support themselves for 25 years or more after the end of their working lives.
A former associate at US elite firm Skadden Arps Slate Meagher & Flom is suing the firm for defamation and wrongful termination of employment.
US firm Faegre & Benson has promoted one partner in its departure-hit London office, as part of nine promotions across its worldwide network.
The Employment Tribunal is to review its ruling in the £19m sexual discrimination claim against F&C Asset Management by Gillian Switalski.
Mr Justice Mann has accused Scottish firm McGrigors of “dopiness” in the advice it gave to Reid Minty founder Andrew Reid in a High Court dispute with former employees.
The global credit crunch has left large financial institutions vulnerable to takeover bids on a scale that has never been witnessed before. The structuring of these acquisitions requires a number of considerations, none more so than in relation to employees, says Simeon Spencer
Lloyds TSB and its takeover target HBOS have turned to Eversheds to deal with the employment law issues that will arise if the banks combine.
There's nothing like an economic slump to bring employment lawyers back into vogue. The CBI expects the UK to suffer its sharpest economic contraction in almost 20 years in 2009, and unemployment could hit three million before 2010.
Matrix Chambers has passed the 60-barrister mark with the hire of four new members as the former Director of Public Prosecutions Sir Ken Macdonald QC returns to the set.
The Court of Appeal’s rulings in a series of recent equal pay cases may force the Government and other employers to rewrite their policy documents.
Firms that swooped for individuals previously employed in Heller Ehrman’s London office run a minimal legal risk under Tupe. But the picture for groups of employees isn’t quite so straightforward, warn Ann Bevitt and Suzanne Horne.
London-based Landmark Chambers and North West set Kings Chambers have launched independent think tanks to develop their respective areas of law.
The former legal director of Dell, Belinda Eriksson, has launched an employment boutique.
Yesterday the advocate-general to the European Court of Justice rejected the first major challenge to the right of employers to make people retire at 65. The Heday case, brought by the charity Age Concern, has been running since 2006 to clarify the laws governing age discrimination around retirement.
Some law firms will be able to ride out the credit crunch relatively unscathed, others will likely not survive.
With lawyers and support staff reading about the looming economic black hole in their newspapers on the way to work, office nerves can be a little more frayed at present compared with this time last year.
West End firm Davenport Lyons has continued its recent expansion by hiring a trio of partners for its employment, IP and property practices.
Dewey & LeBoeuf has hired a Fried Frank Harris Shriver & Jacobson partner to co-chair its global compensation, benefits and employment department.
The press pack outside the London Central Employment Tribunal is a sure sign that somebody's reputation is going to be irretrievably sullied by the afternoon's media coverage.
F&C Asset Management's former legal chief Gillian Switalksi has defeated the company's bid to have her discrimination claim thrown out.
By common consent, the 2004 statutory dispute resolution procedures were not a success, and produced an avalanche of satellite litigation. They have been variously described as 'inappropriately inflexible and prescriptive' (Gibbons Report), 'the middle of a manky meat sandwich' (Hansard) and 'rebarbative' (Underhill J).
Eversheds and Slaughter and May have bagged the lead roles on a $1bn (£502.3m) outsourcing deal for insurance company Aviva.
Tens of thousands of low paid local council and NHS workers could claim equal pay compensation following a landmark decision handed down in the Court of Appeal today (29 July).
DLA Piper has lost its status as Abbey’s sole employment adviser after Eversheds joined the bank’s panel.
Bath firm Thring Townsend Lee & Pembertons is set to step up its recruitment programme after hiring two partners for its London practice.
Thames Valley firm BP Collins has brought a case in the Employment Appeal Tribunal (EAT) that could have ;implications ;for lawyers wanting to work beyond ;the ;statutory retirement age.
On 26 June, Harriet Harman, Minister for Women, announced the Government’s proposals in a White Paper entitled “Framework for a Fairer Future – the Equality Bill”. While acknowledging that discrimination laws have aided progress on equality over the last 40 years, she recognises that they have become extremely complex. She has rightly declared that ...
French firm Bredin Prat has made a rare lateral hire, luring the head of the employment department at the Paris office of Freshfields Bruckhaus Deringer.
A former barrister has launched a High Court action against the Home Office, claiming breach of contract.
US firm Duane Morris has moved into a new London office to pave the way for the expansion of its core practice areas. The firm is targeting litigation, insurance, corporate, IP, insolvency and employment as areas of growth in the City. London co-managing partner Susan Laws said: "The much-improved office space will allow us to continue to support the growing interest in the London legal market from our US, Singapore and Vietnam offices." The new office is next door to the old premises ...
Blackstone Chambers and Cloisters are to face off in a European Courts of Justice case that will determine if it is legal for 65 to be the standard retirement age.
The Health and Safety Executive has estimated that 13.8 million working days are lost due to work related stress each year with an annual cost to employers of £13 billion. Many more working days are lost to other mental health illnesses.
Former F&C Asset Management head of legal Gillian Switalski has sidelined Withers in favour of Blake Lapthorn Tarlo Lyons due to the spiralling legal costs of her £19m discrimination ...
Simpson Thacher & Bartlett is advising the board of American International Group (AIG) on the exit of its chief executive, Martin Sullivan.
NABARRO has hired an Allen & Overy (A&O) partner to expand its employment team's non-contentious offering.
It is that time again in the economic cycle when things look a great deal more turbulent and the legal market starts to feel the pinch, leading firms to scrutinise their business practices with a view to tightening up processes - with 'streamlining' and 'profitability' the buzzwords of the day.
New law makes employers liable for the harassment of staff by third parties. How will this affect the legal profession? Rachel Dineley reports
Recent legislation on maternity rights gives women contractual benefits for the whole of their maternity leave.
The London office of Dundas & Wilson has won a High Court victory for the Pension Protection Fund (PPF) that will have wide-reaching implications for thousands of pensioners in insolvent companies.
The challenge against the ex F&C Asset Management legal chief's multi-million pound discrimination claim has failed.
The court of Appeal has upheld an Employment Appeal Tribunal ruling that reversal of burden of proof should not apply to victimisation claimants under the Race Relations Act (RRA).
Fox Williams has headhunted Charles Russell partner Joanne Owers to ramp up its employment capabilities.
Arnold & Porter has snared WilmerHale’s London head of employment to launch its own employment team in the UK.
Dawsons has kick-started a recruitment campaign with the appointment of Jill Andrew as an employment consultant and Laura Harcombe as a partner in its dispute and litigation practice.
Bircham Dyson Bell has joined forces with an HR consultancy in a bid to up its employment capacity amid sweeping?changes?to discrimination legislation.
On 5 December 2007 the UK Home Secretary announced significant changes to our immigration regime.
The biggest shake-up of health and safety law in more than 30 years came into effect at midnight on Sunday 6 April with the introduction of the Corporate Manslaughter Act.
Clifford Chance is facing a sex discrimination claim and is due to defend itself in a Budapest court next month.
Employment set Cloisters has raided Fountain Court for its star silk Brian Napier QC.
Magic circle firm Clifford Chance is gearing up to contest a race discrimination case brought against it in New York.
Firms with burgeoning pensions practices could face a threat to their client lists under conflicts of interest guidance set out by the Government's Pensions Regulator.
F&C Asset Management is preparing to challenge a multimillion-pound discrimination claim brought by its former head of legal services.
Ian Pittaway is to serve a second term as senior partner of pensions boutique Sacker & Partners, having been asked to do so by the firm's partnership.
F&C Asset Management is preparing to challenge a multi-million pound discrimination claim brought by its former head of legal services.
Simmons & Simmons’ first female senior partner Janet Gaymer has been appointed as honorary QC in the latest honoris causa awards.
Travel giant Thomas Cook has appointed Shoosmiths as its main adviser for all procurement, employment and property work following its £3bn merger with MyTravel.
Withers is threatening legal action against Forsters after the Mayfair firm hit the private client specialist with a second raid in six months.
A welter of equal pay claims has piled the pressure on the public sector legal system, but reforming the way tribunals work could ease the problem
Much fanfare accompanied the award in Green v DB Group Services (UK) Limited (2006) IRLR 764 of £828,000 to employee Helen Green, who had suffered a nervous breakdown and a relapse a year later, both brought about by the bullying behaviour of her colleagues.
Clerks and administrative staff have received Bar Council support in relation to unfair treatment they received at the hands of some chambers.
The government’s equal pay programme for public sector bodies is at risk of being overwhelmed by discrimination claims.
Hammonds pensions team has won a new instruction from engineering company IMI, adding to a wave of high-profile instructions for the practice group.
2007 was the European Year of Equal Opportunities for All. According to the European Commission, the aim was "to make people more aware of their rights to enjoy equal treatment and a life free of discrimination".
Bristol firm Burges Salmon has appointed Clive Pugh as partner in its pensions team.
The NHS is facing a landmark test case that could pave the way for more than 800,000 equal pay claims, which will run parallel to recent high-profile claims against local authorities.
Dundas & Wilson has beefed up its employment practice with the addition of Clifford Chance partner Robert Davies to its London office.
Littleton Chambers has raided employment set Cloisters for the second time in eight months for two more barristers.
Simmons & Simmons is rolling out a firmwide policy that will make it easier for staff to work from home.
Former Freshfields Bruckhaus Deringer insolvency partner Peter Bloxham has decided not to appeal against the judgment that found unanimously for his former firm in his age discrimination claim.
An influx of Eastern European labour is helping North East business. But it's vital that the workers' rights are upheld, says David Gibson
Barlow Lyde & Gilbert (BLG) has re-enforced its employment team with the hire of Fladgate Fielder's head of employment Adam Lambert and has recruited associate director Emily Benson for its financial services regulatory team from the Financial Services Authority's (FSA) enforcement division.
Fladgate Fielder head of employment Adam Lambert is to join Barlow Lyde & Gilbert’s (BLG) employment practice.
The last age discrimination claim against Freshfields has been withdrawn after the firm's victory against former partner Peter Bloxham.
Section 75 debts are proving a hard nut to crack for the Department of Work and Pensions. Chris Close reports
Germany's Act on Equal Treatment brings discrimination laws under one blanket, but it will potentially increase the burden for companies, warns Michael Leue
Former Freshfields Bruckhaus Deringer partner Lois Moore has dropped the age discrimination claim against her former firm, The Lawyer can reveal.
US firm Hogan & Hartson has lost two key partners from its corporate and employment teams in London.
Eversheds head of international employment Viv Du-Feu has left the firm for Welsh-based commercial firm Capital Law.
Technology boutique iLaw has continued its expansion drive with the creation of an employment team through the hire of two senior counsel.
Employees on Guernsey have been given extra protection thanks to recent alterations to the island’s employment laws. By Tom Crawford
Eversheds_office.jpg" alt="Eversheds stalwart Viv Du-Feu quits for Welsh firm" /Eversheds head of international employment Viv Du-Feu has left the firm for Welsh-based commercial firm Capital Law.
Healthcare specialist Hempsons has boosted its employment practice with the appointment of Bevan Brittan's head of health and public sector employment.
Sacker & Partners has sealed its reputation in the pensions market, advising the trustees of Telent's pension scheme amid intervention from the Pensions Regulator.
One year on from the introduction of age discrimination laws, the feeling persists that they have not been fully utilised. By Naomi Feinstein and Adam Turner.
The boom of internet networking sites has provided a new avenue through which employers can assess job candidates. But they must ensure decisions are made on relevant criteria. By Sean Nesbitt and Camilla Marriott
Is it more important to keep hold of people or simply the information they possess? Merrill April looks at cases that have highlighted the issues
Leeds firm Watson Burton has scored a multi-million pound Employment Appeal Tribunal (EAT) decision for miners against Britain’s largest producer of coal UK Coal.
Denton Wilde Sapte (DWS) and Herbert Smith are thrashing out key pensions issues that are vital if Delta Two's acquisition of J Sainsbury is to go ahead.
Radcliffe Chambers' former chief executive Chris Owen has settled his claim for constructive dismissal after his acrimonious exit from the chancery set last year.
Nearly a year after former insolvency partner Peter Bloxham filed his age discrimination claim against Freshfields Bruckhaus Deringer, a judgment was finally handed down last week (10 October). It found unanimously for Freshfields.
Berryman has promoted its head of employment Ginny Hallam to the partnership.
With a bit of creative editing a job applicant’s CV you can be upgraded from mediocre A-levels to A grades. So what can an employer do to detect those who distort the facts?
The solicitors of former Freshfields Bruckhaus Deringer partner Peter Bloxham have hinted that their client may appeal after losing a £4.5m age discrimination claim yesterday (10 October).
Denton Wilde Sapte (DWS) and Herbert Smith are thrashing out key pensions issues that are vital if Delta Two’s acquisition of J Sainsbury is to go ahead.
...but Tribunal finds the magic circle firm proportionately discriminating in its handling of former partner Peter Bloxham.
McDermott Will & Emery has reversed the flow of high-level departures in its London office by hiring a partner for its employment team.
Herbert Smith played a key role in ensuring the employees of tube contractor Metronet did not miss out on pension benefits when the company went into administration.
Controversial cricket umpire Darrell Hair's race discrimination claims against the International Cricket Council (ICC) are being heard in the London Central Employment Tribunal today (1 October).
Allen & Overy (A&O) has scored an Employment Appeals Tribunal (EAT) victory against HSBC's former senior banker, who claimed he was discriminated against for being gay.
Controversial cricket umpire Darrell Hair's race discrimination claims against the International Cricket Council (ICC) will be heard in the London Central Employment Tribunal on Monday (1 October).
The Ministry of Justice (MoJ) today (28 September) confirmed that Fountain Court barrister Nicholas Stadlen QC is to join the High Court bench.
Hextalls has promoted Julian Cox to head its employment law team. Cox has more than 10 years' experience as an employment law specialist both in-house and in private practice. He joined the firm in March 2006. Hextalls chief executive Dominic Lang said he expected the employment practice to continue to grow. "Employment law is constantly evolving and we expect an even busier time ahead," he said.
A trio of Devereux Chambers barristers are battling it out in a £10m racial discrimination employment tribunal over a City banker who claims that he was forced out of this job because he was not German.
Clifford Chance has raided White & Case, hiring employment partner François Farmine to ramp up its Paris office.
Sacker & Partners and Wragge & Co have undergone a mutual recruitment drive, with each poaching lawyers from the other's pensions team.
Allen & Overy (A&O) has played a key role in a landmark pensions deal, advising Thomson Regional Newspapers’ pension fund on its acquisition by Citigroup.
Employment tribunal cases continued to rise during 2006-07, up 15 per cent on the previous year, figures from the Tribunals Service have revealed.
Star banking partner David Ereira filed a discrimination claim against his former firm Freshfields Bruckhaus Deringer as he made the rare move across to magic circle rival Linklaters earlier this year.
LG has boosted its ranks with the hire of an employment partner from Eversheds.
Field Fisher Waterhouse has appointed Oliver Rijckaert as an employment partner in its Brussels office.
Scottish law firm Muir Myles Laverty (MML) has blamed bosses copying the brash style used by Sir Alan Sugar on television programme The Apprentice for the rise in the caseload of employment tribunals.
Clifford Chance has been struck by what is thought to be the first UK discrimination claim against a law firm on the grounds of sexual orientation.
Freshfields Bruckhaus Deringer's tribunal woes will stretch out until the end of 2007.
Conversion to LLP status means firms have to reveal the full extent of their pension deficits - and do something about them. Giles Murphy and Peter Maher suggest how to go about this
MONCKTON Chambers has scored a victory at Luxembourg’s Court of First Instance (CFI) that will see the European Commission pay out almost £30m in damages to UK workers.
The smoking ban may stop claims over second-hand smoke, but will the smokers themselves start claiming it's all too unfair? ask David Harper and Anya Switalski
Companies hoping to save money by outsourcing their operations abroad need to do their research, says Martin Warren
New legislation gives carers the right to request flexible working. Jane Moorman and Howard Lewis-Nunn on a case that could push the UK's laws even further
Trade union and personal injury specialist Thompsons Solicitors has won a battle for a group of dinner ladies in the war over equal pay.
Pension fund trustees often have to negotiate with employers, throwing up a host of conflict issues. By John Papadakis and Rosalind Connor
Thompsons has won the first age discrimination case since new laws were introduced in October 2006, paving the way for a slew of similar cases.
Lovells is advising BNP Paribas on its defence of allegations over sex discrimination despite losing key employment partner Lisa Mayhew to Jones Day last year.
Blackstone Chambers has scored a major victory for the Equal Opportunities Commission (EOC) in a judicial review against the Government.
Employers must be aware of the extent of their duty to adjust for disabled employees or risk falling foul of the Disability Discrimination Act. By Jane Mann and Charis Martyn
Hill Dickinson has scored a success for its sports department after advising on the £6m transfer of Premiership footballer James Beattie from Southampton to Everton .
Decoding what lawyers say gives us endless hours of amusement. Sometimes it’s pretty obvious. A partner leaves, and you can bet that the managing partner will comment: “We wish him well.” Occasionally, they might add: “But our practice is thriving and will continue to be successful” – a comment that always speaks volumes about what’s lurking below the surface.
As offshoring takes an ever firmer hold in the UK, Gilbert McClung examines new regulations that protect the vulnerable UK workforce
A Clifford Chance junior assistant in Paris is taking on his own firm to defend his right to act as a trade union representative.
Lovells’ management has pushed through one of the biggest one-off redundancy programmes ever seen at a City law firm. As first revealed on www.thelawyer.com be-fore Christmas, the firm is to axe 25 partners in a bid to improve its flagging profitability.
The Bar Council has been slammed by employed barristers who, in a new survey, accuse it of treating them like “second class citizens”.
Lovells is celebrating after winning last year’s most publicised employment case, successfully defending a multimillion-pound sex discrimination claim for Merrill Lynch.
New regulations on employment disputes are far too complicated. Andrew Chamberlain reveals how both employers and employees could lose out
The Working Time Directive has failed to curb the UK’s long-hours culture. Rebecca Harding-Hill on the European Commission’s plans to restrict the opt-out clause
The legal relationship between employers and employees is constantly evolving and in the UK can be confusing, but a recent ECJ decision provides some clarity. By Tim Johnson
Lovells has successfully defended a sexual discrimination claim against Merrill Lynch brought by former banker Stephanie Villalba.Villalba was claiming a record £7.5m against the investment bank, alleging that she had failed to win promotion and had been paid less because of her gender. The employment tribunal in Croydon today (22 December) dismissed the claim.The tribunal did, however, find that she had been unfairly dismissed from her job and had suffered a degree of unlawful ...
Norton Rose is advising the Kingdom of Bahrain on new employment laws.
Magic circle firm proposes tougher centralised process for sacking weaker partners; vote imminent
Nine top City firms are among a group of organisations launching a ‘common diversity in law’ policy tomorrow (30 November). It comes a week after David Lammy, the Minister for Constitutional Affairs, called on firms and chambers to look outside Oxbridge for recruits.
Tomorrow is a big day for nine major City firms, which are going to be signing something called the Diversity In Law Statement of Intent. Some big guns will be attending: Tony Angel of Linklaters and Mike Francies of Weil Gotshal, to name but two. (As an aside, it’s interesting A&O is going to be there, given that it apparently doesn’t have a clue about which universities its UK partners went ...
Martineau Johnson and Pinsents have won a competitive tender to secure the University of Plymouth as a new client.
Baker & McKenzie (B&M) has elected Laurent Epstein as the firm’s new Paris managing partner. Epstein replaces Eric Lasry in the top French role, following Lasry’s election to B&M’s global executive committee last month. Fellow partner Denise Broussal has been elected as co-manager and will be responsible for representing Paris on B&M’s internal international committees. Epstein has been a partner ...
The government is planning to axe scores of its lawyers, reversing a rate of growth in its legal system that is 1,000 per cent higher under New Labour than under the Conservatives.
Pictons has been chosen to host the 2004 European LawPact Conference. Attending firms are due to come from as far afield as New York, California, Chicago, Mexico, Cyprus, Spain, Germany and the Czech Republic. Pictons’ IP team will launch the event. Head of IP Sarah Staines will lead the first conference session, entitled ‘Trade Mark Rights and Global Trade’. LawPact is an international affiliation of accountants and lawyers. Conferences and other business events are a key aspect of ...
w Wedlake Bell has appointed planning law specialist Susan Hawker to its property team. Hawker, who joins as a senior assistant from Lovells, has extensive experience working for both public and private sector clients.
ioPharm Licensing – The Fastest Route to New Markets, Expanded Business Opportunities and Increased ProfitsCorporate Accountability fourth Annual Conference
Business development specialists are playing an increasingly important role in today’s law firms. Jonathan Newey explains why
There are important liability issues for partners to consider before their firms convert to LLP status. By Peter Garry and Peter Ashford
Star partners are increasingly likely to join a new firm with their clients in tow. Law firms need to cover their backs. By Stephen Ralph
LLPs – and the problems they bring with them – are becoming more common. William Wastie on the numerous hurdles to overcome
A survey by the Australian Equal Opportunity for Women in the Workplace Agency has revealed that, on average, women make up 16 per cent of partners in Australia’s leading law firms.
SJ Berwin has ramped up its new standalone international arbitration practice by entering into formal agreements with special counsel in India, China and Austria.
Freeth Cartwright has appointed Ann Critchell-Ward as an associate in its IP and IT team. Critchell-Ward joins from Martineau Johnson, where she worked for eight years.
Stress management needs the support of the whole firm – starting from the top. By Carole Spiers
IBB Law has strengthened its commercial property team with senior solicitor Jeff Elphee, who joins the Middlesex firm from London giant SJ Berwin. The firm has also recruited assistant Julian Booth from niche practice Collins Dryland & Thorowgood to its construction division.
Countrywide Legal Indemnities, the specialist legal indemnity intermediary, has launched what it calls “the most comprehensive self-issue legal indemnity pack available”. The pack – the result of two years’ market research throughout the legal profession – is called ‘OnCover’, and offers 16 of the most requested covers, catering for both residential and commercial properties at competitive premiums.
Home working is now more popular, and freelance lawyers are a flexible option. By James Knight
Beachcroft Wansbroughs has scooped an employment partner from Hammonds. Harmajindar Hayre joins Beachcrofts from Hammonds’ Leeds office, where he was a partner for a year. His arrival strengthens Beachcrofts’ growing employment practice both nationally and in Yorkshire. The firm now has 13 employment partners nationwide and a large team of assistant solicitors. Hayre does both contentious and non-contentious work and has appeared as a solicitor-advocate in employment tribunals across ...
Chambers housed in the Inns of Court are struggling to comply with new laws governing the treatment of disabled people that were introduced this month.
Established in 1890, Hempsons is anything but an old-fashioned firm. In the 115 years since it was created, when its partners broke away from Slaughter and May, the firm has remained independent, preferring, as managing partner Janice Barber puts it, to “slip the baton and ...
Law firms failing to implement new employment regulations correctly could see a rise in unfair dismissal claims from trainees who are not kept on upon qualification.
The Government hopes its Pensions Bill will deal with final salary pension scheme deficits. Ken Titchen and Francois Barker report
Manby & Steward has hired a new partner for its dispute resolution division. Brian Aikman, a recently-appointed deputy district judge, joins the firm from Birmingham’s Martineau Johnson, where he was a partner in the litigation department.
Morgan Cole is reviewing the viability of its Croydon office as news emerges that the firm’s head of employment has quit for Eversheds.
Tim Russell gives the lowdown on the forthcoming changes to employment tribunal regulation
From October, the Disability Discrimination Act will apply to businesses with fewer than fifteen employees. Christopher Fisher reports on two important and relevant cases
The philosophy at Taylor Walton is simple: regional is best.
Compensation of more than £4m was paid out by employers last year in compensation for sex, race and disability discrimination cases. The figures are published in the Equal Opportunities Review, which examines discrimination cases in England and Wales. There were 376 successful cases brought to employment tribunals, 37 less than in 2002. Total compensation was also less, although 2002 saw record payments. First revealed on www.thelawyer.com 6 September 2004
An EU law expert will next week tell trade unions that the government’s attempts to avoid the effect of the European constitution on employment legislation have failed.
Compensation totalling more than £4m was paid out by employers last year in compensation for sex, race and disability discrimination cases.
Watson Farley & Williams has successfully fended off a claim for holiday pay from the Paris team that defected to Orrick Herrington & Sutcliffe.
The Steve Moxon case shows that whistle-blowing legislation may not protect employees if they go to the press. By Jon Robins
In-house lawyers and HR teams are gearing up for a raft of new employment legislation coming into force on 1 October, with those that do not comply facing increased claims from disgruntled staff.
Lovells and Lewis Silkin were back in action in Croydon last week as Merrill Lynch began its defence of former banker Stephanie Villalba’s £7.5m claim for sex discrimination.
Tech company latest to adopt one-firm partnering scheme pioneered by DuPont
Renowned human rights firm Bindman & Partners is advising Lloyds TSB’s workers’ union on its legal attack on the bank’s offshore outsourcing, which could threaten the future of the practice.
The international implications of Sarbanes-Oxley were being examined last week as two former employees of the Swatch Group claimed for unfair dismissal under ‘whistleblower’ protection provisions.
US retail giant Wal-Mart was thrown a temporary lifeline last week (Friday 13 August) as a court gave it permission to appeal against a class action order granted in June.
Trade union specialists Rowley Ashworth is facing up to Allen & Overy (A&O) in continued negotiations over Turner & Newall pensions.
Davies Arnold Cooper has announced a trio of promotions and a new appointment at associate partner level. Janie Castle joins the commercial litigation team in London from Paul Hastings Janofsky & Walker, while Gillian Dada, Mark Shaya and Crispin Tomlinson have all been promoted to associate partner level in the product liability, insurance and property divisions. The promotions follow the recent announcement of five new equity partners at the firm.
The army of lawyers involved in the Football Association (FA) scandal has grown to include Barker Gillette, Fox Williams and McGrigors, all acting for the individuals at the centre of the controversy.
The tribunal that found the Sinclair Roche & Temperley (SRT) partnership guilty of sex discrimination was “misguided” and failed to read crucial pieces of evidence.
Canterbury firm Furley Page has bolstered its family law division with the hire of solicitor Anne Blenkinsop from Maidstone’s ASB Law. Blenkinsop has 14 years’ experience in family law and is a member of the Law Society’s Family Law Panel.
EY Law Italy is in the final throes of a strategic review, which has seen several offices close, up to 50 lawyers depart and the realignment of key practice areas.
Nabarros acts pro bono on claims against BA" /Nabarro Nathanson is acting on a pro bono basis for the British Airways (BA) stewardesses suing the airline for sex discrimination. The Nabarros team, led by head of employment Sue Ashtiany (left), is advising 12 of the 14 stewardesses in their claim. Two more women ...
Gateley Wareing has recruited a new associate to bolster the corporate services division in its Birmingham HQ. Chris Reed, who specialises in acquisitions and disposals as well as joint ventures, joins from Wragge & Co.
City firm hit by unprecedented discrimination claim as senior equity partner alleges anti-Semitism
The Employment Tribunals Service (ETS) this week announced a rise of 17 per cent in the number of employment cases it handled. The ETS’s annual report show that 115,042 applications were registered in 2003-04, compared with 98,617 the previous year. A third of applicants were claiming for unfair dismissal from work, while 17 per cent brought sex, race and disability discrimination claims.
Law firms, like investment banks, have been facing a succession of high-profile discrimination claims. Why? And what can firms do to prevent future employment tribunal litigation? Sex discrimination and equal pay claims in particular have proliferated for many reasons. Since 1993, compensation for sex discrimination has been unlimited and, as lawyers tend to be highly paid, tribunal ...
Langleys Solicitors has appointed a new partner to bolster its commercial team. Andrew Argyle has joined the firm’s Lincoln office, where he will specialise in commercial litigation. Argyle arrives from Birmingham firm Shakespeares, where he was a partner in the commercial litigation department.
South East firm DMH likes to impress as soon as a client walks through the door, and in quite a stylish manner – the firm’s Brighton and Crawley offices double as art galleries. The firm is unusual in having a dedicated gallery manager, and exhibitions showcasing the work of predominantly local artists are held regularly.
“We’d love to hire you, but we simply don’t have the toilet capacity for your type,” is unlikely to suffice as a legitimate reason for non-recruitment by an equal opportunities employer. However, that may be the only option if law firms don’t pay close attention to their toilet strategies.
The largest sex discrimination claim against a law firm in modern times – brought by two female ex-partners of former City firm Sinclair Roche & Temperley – has been ordered back to the Employment Tribunal for review.
The House of Lords last week strengthened employment rights for the disabled in a landmark ruling.
Former Merrill Lynch employee tests new water by comparing her pay with other jurisdictions in record £7.5m claim
International employment law alliance ius laboris has launched a free online compensation and benefits service in response to calls from employers for access to free advice. The Knowledge Base, as it will be known, will provide companies with information on legal developments in compensation and benefits throughout Europe.
Paul Hastings Janofsky & Walker is this week understood to be gearing up to defend Wal-Mart in the largest civil rights action ever brought against a private employer in the US.
Philip Smith, the managing partner of Cheshire firm SAS Lawyers, is not one to hide his firm’s light under a bushel. “We’re very assertive on PR,” he says.
On 21 May, Regulation 4 of the Amended Control of Asbestos at Work Regulations 2002 came into force. The regulations introduced the duty to manage and will mean that the UK has some of the most stringent controls on asbestos in the world.
“Commercially active high-net-worth individuals demand expert legal advice,” says Julian Whately, senior partner of Westminster firm Lee & Pembertons. Whately claims that his firm provides that advice, and not just in the traditional private client sectors of, for example, trusts and personal tax planning. “What we aim to be is a one-stop shop for all our clients’ needs,” he says.
South East firm Thomas Eggar has appointed Alan Parsons as a chartered tax adviser and Carl O’Shea as an assistant solicitor in its tax solutions group. Parsons was formerly advising on the management of offshore structures for wealthy individuals with both Deloitte & Touche and PricewaterhouseCoopers.
On 22 June, 1400 people will crowd into the Grosvenor House Hotel on Park Lane for the most eagerly-awaited event of the year. With only one week to go, The Lawyer brings you a sneak preview of the shortlisted individuals and teams
On 22 June, 1400 people will crowd into the Grosvenor House Hotel on Park Lane for the most eagerly-awaited event of the year. With only one week to go, The Lawyer brings you a sneak preview of the shortlisted individuals and teams
Lewis Silkin’s employment team is battling its largest ever employment tribunal matter, with the firm taking the lead for former Merrill Lynch banker Stephanie Villalba in her sex discrimination claim against the bank.
Turnover at Stevens & Bolton rose 13 per cent last year to £11.1m, with profits edging up 3.5 per cent to £240,000. The firm has recruited a number of heavyweight partners in the past year, including Stephanie Dale, former head of employment at Denton Wilde Sapte, and Ken Woffenden, former head of corporate at Simmons & Simmons.
The Civil Justice Council has agreed the level of success fees payable under conditional fee arrangements in employer liability accident cases.
Morgan Cole has lost its London head of employment in another blow for the firm. Ravinder Mahal, formerly an associate at Morgan Cole, has joined Wedlake Bell as a senior solicitor as part of an ongoing recruitment drive at the London and Guernsey firm, where fee-earners now number eight. Morgan Cole has lost five partners ...
Far-reaching employment rights are to be written into barristers’ contracts when they join chambers, under new guidelines issued by the Bar Council last week.
Lovells has taken on a KPMG partner as a senior consultant in its employee share incentive team. David Tuch led KPMG’s executive compensation practice and built up the Big Four accountant’s remuneration consulting practice. At Lovells he will concentrate on the executive pay structure at main board level. First revealed on www.thelawyer.com 25 May
Dewey Ballantine has poached Norton Rose corporate partner Markus Federle, who will restart its private equity push following the departure of the founder of the firm’s German practice Geza Toth.
Editor of Taxation magazine Malcolm Gunn joined the London tax team at Haarmann Hemmelrath as a tax consultant on 25 May. Gunn will focus on personal income and capital taxation.
Lovells has taken on a KPMG partner as a senior consultant in its employee share incentive team. David Tuch led KPMG’s executive compensation practice and built up the Big Four accountant’s remuneration consulting practice. At Lovells he will concentrate on executive pay structure at main board level.
Regional law firms have shrugged off the economic malaise affecting their City contemporaries by reporting solid figures for the last financial year.
Addleshaw Goddard is promoting 11 lawyers after losing three partners earlier this month. Three will become partners, including employment lawyer Ruth Davies, finance and projects lawyer Andrew Pettinger and corporate restructuring and insolvency lawyer Daniel Redstone. Another eight lawyers will step into legal director roles, which have been designed to provide a career development path for ...
Olswang has undertaken a management shake-up after three of its four practice group heads decided not to stand for re-election.
Linklaters head of employment Raymond Jeffers has become the first magic circle partner to be voted chair of the Employment Lawyers Association (ELA). Jeffers was appointed at the ELA annual general meeting last Wednesday (12 May). He takes over the reins from Osborne Clarke’s Julian Hemming.
Beachcroft Wansbroughs has recruited three partners for its property, employment and corporate finance teams in London, Bristol and Manchester. Monica Blake joins the London commercial property team from Mishcon de Reya, Frank Morton has quit Osborne Clarke for Beachcrofts’ employment team in Bristol and Leila ...
Last week the House of Lords upheld unanimously a transvestite’s claim to become a police officer. It held that it was unlawful sex discrimination by the Chief Constable of West Yorkshire to refuse to employ ‘A’ as a police officer. The case was supported by the Equal Opportunities Commission.
Partnership – no longer till death do us part. By Ronnie Fox and Michelle Levin
Beachcroft Wansbroughs has recruited three new partners for its property, employment and corporate finance teams in London, Bristol and Manchester.
Worldwide employment alliance ius laboris has signed up Czech firm Prochazka Randl Kubr just in time for last week’s EU enlargement. The Czech Republic is the second firm from the new EU member states to join ius laboris, after Polish practice Soltysinski Kawecki & Szlezak was added last year. First revealed on www.thelawyer.com 4 May
The Free Representation Unit (FRU) has launched a scheme that offers free employment mediation to those unable to afford the dispute resolution process. Henderson Chambers, Freshfields, Linklaters and the International Dispute Resolution Centre (IDRC) have teamed up with FRU to set the FRU Employment Relations Mediation (FERM) initiative in motion.
Kemp Little has taken on former Norton Rose partner Tim Russell as part of the niche firm’s bid to expand its employment practice.
Jersey firm Mourant du Feu & Jeune has established a joint venture with Scottish firm Maclay Murray & Spens in order to tap into the mass of work arising out of the island’s first employment legislation.
Top SRT partner’s comments in discrimination case branded ‘malicious’; leads to £3,000 extra aggravated damages
Morgan Lewis is pressing ahead with plans to open a Paris office after recruiting a 15-strong team from De Pardieu Brocas Maffei & Leygonie.
Hampshire firm White and Bowker has been around longer than many of its competitors. Established in 1750, the firm has existed “in a number of guises ever since”, according to chairman Niall Brook.
Birmingham mega-set No 5 Fountain Court has become the first set to reach 150 tenants with the hire of a five-strong personal injury (PI) team from local rival St Philips. The set is also poised to launch a Bristol office, its third site in the UK after London and Birmingham. Graham Cliff, formerly head of the PI team at St Philips, Stephen Campbell, David Tyack and William Pusey are all to join No 5’s highly-rated PI practice. In turn, St Philips has taken on rated employment barrister ...
The management of Weil Gotshal’s global litigation practice is being decentralised following 100 per cent departmental growth in the past five years.
DLA has hired Linklaters’ former Spanish head of employment Luis Peinado. A managing associate, Peinado was head of employment at Linklaters until he left in December. He has advised national and international companies in Spain and recently advised HSBC on the restructuring and downsizing of its commercial and investment branches there. Linklaters managing associate Naiara Rodríguez-Escudero took over ...
Gianni Origoni’s close association with Linklaters has helped it score Cisco Systems as a new client.
As its European invasion continues, DLA has hired Linklaters’ former Spanish head of employment Luis Peinado.
A host of sexual harassment claims made by police officers look set to proceed following a decision by a Croydon Employment Tribunal in the case of Hands v the Commissioner of the Metropolitan Police.
Tim Sadka, managing partner of West Sussex practice Rawlison Butler, uses a boxing metaphor to sum up his sense of the firm. “We punch well above our weight,” he claims. Proudly, he quotes testimonials from clients praising the way in which he and his colleagues deliver a City service. Indeed, with its expansionist drive, Rawlison Butler looks well placed to be ...
Bird & Bird has secured first-time instructions from the Office of the Deputy Prime Minister.
Two retired tailors fighting a cutting-edge employment case against the Secretary of State for Trade and Industry will not pay a penny for their Court of Appeal claim, thanks to a cabal of barristers and solicitors working on the matter free of charge.
Nabarro Nathanson’s head of employment Sue Ashtiany has been reappointed as Commissioner to the Equal Opportunities Commission (EOC).
Whistleblowing: Rob Riley and Richard Port clarify the law on the meaning of ‘disclosure’
Legislation protecting employees has thrust employment lawyers into playing a much greater role in commercial transactions. Peter Holt reports
The Department of Trade and Industry (DTI) has decided to scrap the possibility of publishing a white paper on excessive payouts to departing directors.
McGrigor Donald has been ditched by the Student Loans Company (SLC) in favour of Harper MacLeod. The Scottish firm beat seven others to win the three-year contract, believed to include MacRoberts and Shepherd+ Wedderburn.
Employment law and tort: will you specialise in both? asks Brian Langstaff QC
The Court of Appeal has overturned an Employment Appeals Tribunal (EAT) decision that refused a sacked worker a new hearing despite concerns that one tribunal member had been drunk and asleep at the original hearing.
In March, The Lawyer launches its inaugural Employment Law Summit.
British Airways (BA) has accused a group of former staff members bringing a claim for sexual discrimination of trying to bring an age discrimination case “by the back door.”
Simmons senior partner Janet Gaymer says she has achieved her position purely by chance. But Emma Vere-Jones doesn’t believe her
Lewis Silkin opens Oxford office after swoop on Boodle Hatfield" /Lewis Silkin is to open an Oxford office after prising a corporate employment team out of Boodle Hatfield, led by highly-rated partner Russell Brimelow.
The Master of the Rolls has attacked the UK’s record on looking after accident victims. Lord Phillips of Worth Matravers (left) asked the Government to back the rehabilitation of those affected in its plans to deal with the spiralling costs of employers’ liability insurance. He told delegates at the Forum of Insurance Lawyers annual conference ...
A former teaching consultant at the University of Hong Kong has stepped up his campaign against his former employer and law firm Johnson Stokes & Master (JSM).
Clifford Chance partners could be facing a leaner Christmas as the firm debates whether to pay or delay on two chunks of profits before the year-end.
Bird & Bird has shored up its employment team by poaching Boodle Hatfield's head of employment Warren Wayne.
Manchester firm George Davies Solicitors has won a host of new employment work after launching a scheme to help football clubs nationwide with employment issues.
North West employment firm Mace & Jones has exp-anded its specialist HR consultancy with the hire of HR consultant Vince Housecroft.
Employment law alliance ius laboris has expanded into Finland with the addition of Finnish firm Roschier Holmberg, taking the total number of firms in the alliance to 20.
Survey shows only 22 per cent of companies prepared for forthcoming age discrimination legislation
The Government’s initiative to confound illegal workers could prove a hindrance to those who choose to do it legally. Nicola Tiffen reports
Andrew Chamberlain investigates the role of the 'eight-week rule' in the Friction Dynamics dispute
Will the EOC investigation into discrimination against pregnant women help those most in need, or will it just add to the legal minefield? Jessica Learmond-Criqui reports
The Government's 'softly softly' approach to introducing flexible working rights for employees seems to be a success.
The Information & Consultation Directive, due in 2005, has been heralded as one of the most significant pieces of employment legislation ever introduced in the UK. John Clinch and Fraser Younson go head-to-head to offer their views on what it will mean for unions and employers
DLA's prolific IT partner Richard Bonnar has triumphed over Arnold & Porter, Bird & Bird, Masons and Simmons & Simmons in a beauty parade of legal advisers for a series of projects which aim to rejuvenate the Department of Work and Pensions (DWP).
The arrival of former Manches senior partner and employment head Alasdair Simpson at Addleshaw Goddard last week will kickstart an expansion in the national firm's London employment team, a spokesman claimed.
Merricks is staggering the payment of staff wages to deal with its ongoing cash flow problems.
The Law Society is planning to launch its second investigation into Allen & Overy (A&O), this time on the back of a successful victimisation claim made against the firm by project manager Shazia Wahab.
A former solicitor who was struck from the roll has resigned as company secretary of legal services provider Willmakers of Distinction.
Lawrence Graham is facing a claim of constructive dismissal brought by a former assistant who resigned from the firm at the end of July.
Making the Channel 4 board is just reward for Nabarros employment ace Sue Ashtiany - but she isn't making a song and dance about it. By Julia Cahill
Cadwalader Wickersham & Taft has accepted a federal handout to remain in Lower Manhattan, despite earning millions of dollars in profits last year.
Voting threshold for expulsion to be lowered as management flexes its muscles
Nicholson Graham & Jones has lost its head of employment Jane Liddington to Hextalls. She will join Mark Shulman at Hextalls as the joint head of the employment department. Senior partner Paul Connolly said Liddington's arrival was another part of the significant growth of the firm in the past 12 months. Emma Vere-Jones
Home Office lawyers are critical to the Government's new initiative on unfounded asylum applications, says the Home Office Immigration Team
The Government has proposed time limits on legal aid immigration work, heralding it as an attempt to improve quality. But Alison Stanley says it's all about the money
Wragge & Co has launched a permanent employment team in London following a six-month trial in the City and is aiming to carve out a top five position for the team by 2005.The firm plans to build the team in London to 12 lawyers, led by partners Patrick Brodie and Andrew Hodge. In the meantime, Brodie and Hodge will be supported by three other fee-earners and an HR consultant, ...
Wedlake Bell is hoping to get a share of airline industry work after hiring British Airways (BA) senior employment lawyer Jo Pawley.
Hundreds of angry fathers dressed in black and brandishing purple flags have staged a demonstration at the High Court in London as part of a Fathers’ Day protest against their treatment at the hands of Family Division judges. Between 60 and 70 men made it past security guards on Friday (13 June) to occupy the Family Court building itself, while the protesters claim that up to 500 others staged a non-violent protest outside. The court is believed to have been in session at the time and, ...
South-East firm Asb Law has continued its rapid expansion of the past 24 months, taking on small Kent-based practice Mere-dith Smith and Pratt (MSP) as well as announcing an increase in turnover of almost 20 per cent.
Watford Football Club has ditched Eversheds for Mishcon de Reya to fight the £2m claim brought by former coach Gianluca Vialli.
Bevan Ashford’s non-lawyer chief executive Ann Conway-Hughes has resigned after just 18 months in the role.
Two-thirds of external advisers to go as Sanna overhauls entire legal function
Mayer Brown Rowe & Maw has made up seven partners in London, taking the partnership to 100. The new partners are Michael Brown in litigation and dispute resolution, Gary Cooper and Richard Smith in corporate, Christopher Fisher in employment, Nick Henchie in construction and engineering, Jonathan Moody in pensions and David Morrison in corporate/restructuring and insolvency. This is the second round of ...
Julia Cahill meets Salans' Barry Mordsley, the man who lured Peter Cooke from Theodore Goddard after the firms' merger talks collapsed
Head of chambers at Cloisters Laura Cox QC may have a fearsome reputation, but the only people she argues with these days are her children
Berrymans Lace Mawer is implementing plans to reassert employment as a national practice area, after its sole employment partner left for Reading firm Boyes Turner.
Some believe Law Society chief executive Janet Paraskeva is giving the society a spring clean, while others believe she is denting it all out of shape
The Employment Appeal Tribunal has taken the unusual step of ruling that an appellant should pay costs for bringing an appeal that should never been brought, in line with forthcoming and long awaited Department of Trade and Industry (DTI) regulations.
Liverpool and Manchester firm Mace & Jones has recruited a former Employment Tribunal chairman to its employment law team.
Cloisters chambers has hired three more barristers, bringing the number of recruits to six since its criminal section split off.
The employment practice of leading Italian law firm Negri-Clementi Toffoletto Montironi & Soci (NCTM) has demerged from the rest of the firm as pursues its role in European employment law alliance Ius Laboris.
The German Constitutional Court has suspended a decision by the German Supreme Court, which ruled that when lawyers switch firms, the new firm must drop instructions in which the lawyer's previous firm has represented the other side.
South East firm Argles Stoneham Burstows has lost its head of employment to the London office of Manches.
Simmons head of employment Janet Gaymer is tipped to be the firm's next senior partner. But does she have enough energy to take on the role?
CMS Cameron McKenna’s Polish office is wrangling with Lovells over the notice period of three partners who have defected to the firm.
Gouldens has propelled itself into the realms of the US firms by increasing its trainees' entry-level salaries to £30,000.
Top 10 Australian firm Deacons has been rocked by the departure of its national head of workplace relations, along with his team and a number of clients.
After spending a year out discovering her dislike for cooking and rediscovering her love for law, Nicola Walker has returned to work at Hogan & Hartson. Fiona Callister investigates
McGrigor Donald has been appointed sole mainland UK employment provider to banking giant National Australia Bank (NAB).
Norton Rose has bolstered its employment pension and incentives department with the hire of Barnett Alexander Chart's head of employment.
Warner Cranston has recently appointed Geoffrey Mead as its head of employment. Anne Mizzi chats to the man who is not daunted by the depleted team he now has to oversee
One of the gurus of employment law in the City, Fraser Younson is setting up his own department at McDermotts. Sean Farrell examines the details.