A recent case involving two Arcadia pension schemes shows the court allowing a switch from RPI to CPI, for both past and future service.
Protecting your market and goodwill; post-termination restrictions and stepping rights upheld download
In Carewatch Care Services v Focus Caring Service and Others, Mr Justice Henderson had to consider the enforceability of standard post-termination restrictions.
A recent MOL safety blitz has shown that many new small businesses violate basic legal requirements such as posting a copy of the Occupational Health and Safety Act.
DLA Piper has announced that Baltimore partner Ian Taylor has been selected to The Daily Record’s list of ‘Very Important Professionals’.
Obesity is estimated to affect around one in four UK adults. The EU advocate-general’s recent non-binding opinion may give rise to significant implications for employers.
The fact that an employee is on sick leave is a relevant consideration when determining whether a delay in resigning would prevent a claim for constructive dismissal.
The Court of Appeal has considered whether the High Court made the right decision in re-writing a 12-month non-compete covenant so that it made commercial sense.
The EAT considered whether a clause, which enabled the employer to deduct a month’s salary if an employee failed to work their notice period, constituted a penalty clause.
At PwC, we understand that managing employees can be one of your biggest challenges but also your greatest asset.
Welcome to PwC Legal LLP, a member of the PwC international network of firms.
If organisations create the appropriate culture, people will feel able to speak up when they suspect there has been a breach of ethics or values.
The appellants were former bus drivers once employed by Centre West who TUPE transferred to London United following a route re-allocation.
Can and should office relationships be allowed or does the home connection lead to domestic issues pervading the working environment?
Lessons from Lehman download
The Pensions Regulator has reported that a settlement agreement had been reached in respect of the Lehman Brothers Pension Scheme.
Shoosmiths has become the first top-40 legal firm to be accredited with the Investors in People gold standard for a second time.
Eversheds has appointed Mark Latimour as a pensions partner in the firm’s London office.
‘Don’t worry about me, I carry weapons’: employee’s violent statements warranted serious discipline but not dismissal download
An electrician’s comment, ‘Don’t worry about me, I carry weapons’ and ‘it would really feel good to kill something today’, did not warrant dismissal.
There seems to be a growing recognition that retaining the skills of the older worker makes sound business sense. But are we neglecting our younger potential workforce?
A recent decision dealt with the validity of amendments made to a trust deed and offers up some useful general principles for interpreting pension scheme documents.
Life Sciences Spotlight: Chinese regulatory enforcement action not slowing down; patent strategies and loyalty discounts; and more download
DLA Piper has released the fourth edition of Life Sciences Spotlight, which discusses developments in the sector across the Asia-Pacific region.
A California court has told employers that if employees must use their mobile phones for work calls, they must be reimbursed part of their mobile phone bills for that use.
Benefit change exercises — what are the practical implications of the IBM case for trustees and employers? download
The latest IBM case has implications for employers and trustees when considering changes to members’ pension benefits. But what implications?
Tim Pole of No5 Chambers has prosecuted in a case that saw two brothers from Stoke-on-Trent handed prison sentences after they exposed at least seven workers to asbestos.
From 5 April 2015, the government plans to give families greater flexibility when deciding who will take time off work to look after their new baby.
Just what should you say when leaving an out-of-office message? Should it be funny, apologetic or just short and simple?
The Cabinet Office has said it will appeal the High Court decision in Annette Ellis v Cabinet Office  EWHC 2049 (Ch).
Employer asks HRTO for permission to access employer’s own ‘Occupational Health and Claims Management’ file on employee download
Must an employer obtain permission from the Human Rights Tribunal of Ontario to access medical records on an employee who filed a human rights complaint?
The US Citizenship and Immigration Services agency reports faster processing times for immigrant investors in the US under the EB5.
BWB has been at the heart of the social enterprise sector for more than 20 years.
Winckworth Sherwood partner Sue Kelly has featured in a training video produced by the University of Law entitled ‘Employment: Children and Families Act 2014’.
Two recent cases illustrate the importance of employers making reasonable adjustments for disabled employees placed at risk of redundancy.
Shoosmiths looks at the legal implications of employees lying about their qualifications and how employers can guard against being misled.
We are widely recognised as the leading immigration practice in the UK. Our immigration team is led by Philip Trott.
We provide employment advice and representation, as well as support and training, to a wide array of clients, whether organisations or individuals.
DLA Piper has announced that Majorie Winters has joined the firm as director and counsel of its NEST (NextGen Environment for STartUps) programme.
Our charity and social enterprise team works with more charities than any other law firm in the country.
Our insolvency group is a team of lawyers with expertise in various areas, working together to provide the best possible service to clients dealing with insolvency.
Addleshaw Goddard’s Gun Judge has chaired a committee of employers, professional associations and regulators to define new apprenticeship standards.
Study warns of ‘management pay gap’ download
A female manager would have to work 14 years longer than a male counterpart to earn as much as them over a career, according to a new study.
Senior solicitor — manager, personal injury, Leeds
Mr J Linwood v British Broadcasting Corporation sends a clear reminder to employers to carefully manage the performance failures of their managers.
Shoosmiths’ Michael Hardiman suggests 10 top tips for drafting disciplinary outcome letters.
Twenty-day jail sentence for employee who released employer’s confidential information in breach of court order download
A former employee received a 20-day jail sentence after she disclosed the plaintiffs’ confidential business methods and disparaged their business reputation.
MoL permits employer to have multi-workplace joint health and safety committee, union’s challenge dismissed download
A union has lost a request to suspend an MoL director’s order allowing a school board to establish a multi-workplace joint health and safety committee.
Recent guidance clarifies that the use of female-only shortlists or quotas to encourage more women on corporate boards is unlawful.
Ensure restrictive covenants in a sale agreement are enforceable (as the courts won’t do it for you) download
The Court of Appeal has overturned a decision in which the judge read words into a restrictive covenant clause to reflect what he determined the parties had in mind at the time of drafting.
Bruce Dear, head of London real estate at Eversheds, has commented on the 2.9 per cent fall in property prices from July to August.
Employment law update — amendments to the Basic Conditions of Employment Act; increase in earning threshold; and more download
Eversheds has released the August 2014 issue of its Employment law update.
The claimant was placed at risk of redundancy with a number of other employees. They were all given the option of choosing voluntary redundancy or redeployment.
Clyde & Co has settled a long-running whistleblowing dispute with former partner Krista Bates van Winkelhof out of court after successive cases sought to establish the validity of the claim.
James Lynas, a partner at Winckworth Sherwood specialising in education employment law, highlights easily avoidable human resources errors that can cost schools dear.
Top 10 tips for the workplace download
Ensuring compliance with Dentons’ top 10 tips list will help to keep your workplace running smoothly.
Oman’s newly signed treaty with Spain reduces withholding tax rates and includes a new limitation on benefits clause to prevent treaty shopping.
We have a depth of experience across local and central government.
We have a proven track record of working within the highly competitive leisure and hospitality sector.
Male lawyers should consider embarking on a new parental journey.
MoL managers have discretion as to whether to send out an inspector when an employer calls after-hours about a workplace accident, a recent decision suggests.
There is a growing national movement to ‘Ban the Box’ — i.e. to prohibit questions about a job applicant’s criminal history on employment applications.
How would an organisation handle the reinstatement of a dismissed employee while the matter is being heard?
Conflicts of interest can be an inevitable part of employment for university academics, especially when performing different roles.
All enterprise agreements impose mandatory obligations on employers to consult with employees about ‘major’ changes in the workplace.
Should I employ a family member? download
Asking relatives to lend a helping hand with your business is quite different from recruiting somebody from the outside. What additional considerations are needed before hiring kith and kin and is it wise to choose family?
Flexible working for all employees download
From 30 June 2014, new Flexible Working Regulations, part of the Children and Families Bill 2014, came into force, giving all full-time and part-time employees the right to ask for flexible working.
Principles of working time download
There are a number of provisions aimed at protecting the health and safety of workers within the Working Time Regulations 1998.
In light of the recent rulings in a series of cases on the correct calculation of holiday pay, employers are advised to urgently review their contractual leave arrangements.
A dispute over redundancy payments illustrates that where it becomes established custom and practice to pay employees whose contracts are ended more than the statutory minimum, even where the practice is discretionary, this can become an implied contractual entitlement.
Alleging panic attacks due to mistreatment at work, employee’s HRTO application dismissed for duplicating court action download
Employees may not raise the same human rights issue before the Human Rights Tribunal of Ontario and the courts, a recent HRTO decision confirms.
The majority of new mothers feel they have to go back to work earlier than planned due to money worries, according to a study.
Gateley has announced a total of 28 promotions across its English offices. Seven of Gateley’s Manchester team have been promoted, with tax specialist Richard Clitherow being made legal director.
The Public Accounts Committee (PAC) has issued a report criticising the treatment of whistleblowers and the perceived failure by the UK government to introduce effective law.
The Middle East, with its booming and increasingly diversified economy and rapid population growth, is a popular region for expansion by many foreign multinational companies.
Employers in England should be aware of the possible impact that a rising number of people with dementia could have on their operations, a new report says.
DWF spent three days holed up at the Employment Appeal Tribunal during the cases of Fulton v Bear (Scotland) and Wood and Others v Hertel and Amec.
No5 Chambers’ employment group has announced the dates for its annual employment seminars in Birmingham and London.
With a commercial and pragmatic approach, our dedicated employment lawyers provide support and advice to employers and employees across all areas of employment law.
Last week the bound version of the Finance Act 2014 thudded onto my desk. Not an exciting publication and, for the uninitiated, about as satisfying to read as the London telephone directory (and perhaps a little less useful).
Bruce Carr, the QC leading an independent inquiry into legislation governing industrial disputes, has said that he will not make any proposals for a change in the law.
Update on Orozco v Plackis: was franchisor’s principal the employer of franchisor’s employee? Fifth Circuit reverses — three takeaways download
Although the Circuit Court stressed that its decision ‘did not suggest that franchisors can never qualify as the FLSA employer for a franchisee’s employees’, the case is important for several reasons.
DLA Piper has been awarded in three separate categories at the annual Euromoney Australasian Women in Business Law Awards 2014, held in Sydney.
When it comes to LLPs, all is still not clear over auto-enrolment.
Prophet plc v Huggett: update download
In Prophet plc v Huggett, the High Court came to the surprising decision that it could reword a badly drafted restriction in an employment contract.
Notes taken post-accident can lose privilege if used to refresh memory, court decision suggests download
Privileged notes taken by a witness after a workplace accident may cease to be privileged if used by the witness to prepare to testify in court.
Stereotypes can be ingrained at an early age, and Lego is one of the biggest influences on children as they grow up.
The Health and Safety Executive has highlighted industrial disease in its industry sector plan for 2014–15.
We advise corporate clients and high-level management employees on all matters relating to employment relationships and with regard to all employment-related tax aspects.
Double trouble for D&O insurers as the UK regulators extend the limitation period applicable to disciplinary investigations
Recent legislative changes in the UK are likely to raise concerns for D&O insurers and their insureds.
According to the Health and Safety Executive (HSE), ‘asbestos is the single greatest cause of work-related deaths in the UK’.
Shoosmiths has advised Palatine Private Equity and Bridgepoint Development Capital on the successful exit of their investment in Hallmark Hotels Group.
The New York City Department of Consumer Affairs has published its final rules regarding the Earned Sick Time Act.
More than 100 representatives from companies in Serbia attended a business briefing organised Karanovic & Nikolic on 1 August.
For the second consecutive year, Working Mother magazine has named DLA Piper as one of the 50 best law firms for women.
‘Red flags’ were used to assess workplace violence threat; employer’s request for psychiatric assessment was justified download
The Human Rights Tribunal of Ontario has ruled that the City of Toronto was justified in requiring an employee to obtain a psychiatric assessment because of ‘red flags’.
In conflicting opinions released on 22 July, two federal circuits split on whether ACA subsidies are available under a federally operated health insurance exchange.
The Bank of England introduces new Clawback Rules: Code Staff face seven-year clawback on bonuses download
The Bank of England has published new Clawback Rules setting out the standards that banks have to meet when setting variable remuneration for their staff.
The government has published guidance on how the new system of shared parental leave will work in practice and it may not be what you were expecting.
The Court of Appeal has held that Olympic Airlines had not experienced an insolvency event for the purposes of section 121 of the Pensions Act 2004.
The subject of holiday in employment law has been somewhat of a moveable feast, with a number of high-profile court decisions in recent years, both at domestic and European level, resulting in a number of changes in the law.
There is building momentum for the federal government to change laws that currently apply to employee share schemes.
From April 2015, individuals will have total freedom over how they use their pension savings.
Eversheds’ Audrey Williams has commented on a Public Accounts Committee (PAC) report that is highly critical of the treatment of whistleblowers.
The general counsel of the National Labor Relations Board has directed the issuance of complaints in 43 unfair labour practice cases.
Employment Legislation Update — Protected Disclosures Act 2014; Employment Permits (Amendment) Bill 2014; and more download
LK Shields Solicitors’ employment team highlights recent developments in labour and employment legislation in Ireland.
The Irish Commercial Court has handed down judgment in Holloway and Others v Damianus BV and Others — otherwise known as the Omega Pharma case.
The provisions of the Equality Act 2010 relating to race do not, at present, expressly prohibit discrimination against a person because of their caste.
The EAT will embark on a three-day hearing that represents a significant stage for the cases that will determine the fate of overtime in relation to holiday pay.
The number of prosecutions that the HSE takes each year as a consequence of injuries caused by inadequate guarding remains astonishing.
The European Commission to announce new Strategic Framework on Health and Safety at Work 2014–2020 download
The Strategic Framework on Health and Safety at Work 2014–2020 has the aim of ensuring that the EU remains at the forefront of encouraging high standards for working conditions.
This article takes a closer look at the implications of paying an FFI and, in doing so, suggests that a more robust response to the regulator is often warranted.
The Ontario Ministry of Labour is facing a negligence suit by the lone survivor of the Christmas Eve 2009 scaffold collapse.
Mishcon de Reya will pay over £66,000 in damages and interest to a former client after partially losing a professional negligence case in the High Court.
NCTM has represented BD Group Industries — a worldwide energy solutions provider — in the acquisition of a majority stake in Sagemis International.
The list of ‘insolvency events’ suffered by an employer that are required in order to qualify a scheme for PPF entry does not include events occurring outside the UK.
The Court of Appeal has overturned a High Court judge’s decision to add words to a non-compete restriction, which had originally offered the employer very little protection.
Relaxation of information and consultation requirements for micro-employers for transfers taking place on or after 31 July 2014 download
Regulation 13 of TUPE 2006 obliges employers to inform and consult with ‘appropriate representatives’ of the employees who are affected by the transfer.
The EAT has held that a grievance outcome letter sent from an HR Officer was capable of binding the employer to a new pay grade.
HR managers have to deal with a range of challenging situations, but senior executive hiring remains an area that is particularly fraught.
In the case Kaltoft v Kommunernes Landsforening, the advocate-general has given an opinion that morbid obesity may amount to a disability.
Disability discrimination: no obligation to make reasonable adjustments for employees associated with disabled employees download
The Court of Appeal has decided that employers are not obliged to make reasonable adjustments for employees who are associated with a disabled person.
A new Ontario Bill will make employers liable for the WSIB costs of injured agency employees working for them.
Walker Morris’s little green ibook explains the ins and outs of the most popular schemes.
In Chandler v Cape, it was held that a parent company owed a direct duty of care to an employee of a subsidiary who contracted asbestosis.
The case of Hershaw and ors v Sheffield City Council is a reminder to employers to be careful about how and what they communicate to their employees.
In a recent case, the judge concluded that something had ‘gone wrong’ with the drafting and added the words ‘or similar thereto’ to the end of the covenant.
In Romania, a new law on employee inventions entered into force on 29 June 2014. The law abrogates former provisions on employee inventions set forthby the country’s Patent Law.
Double jeopardy: three-year time bar on regulatory enforcement proceedings increased to six years download
One of the biggest stings in the clawback tail was that clawback could be applied for up to 11 years after the date on which a bonus or other variable incentive was first awarded.
Employers have a duty to prevent illegal working and are obliged to carry out prescribed document checks on individuals before they commence work.
For the first time in more than 30 years, the Equal Employment Opportunity Commission (EEOC) has overhauled its guidance on pregnancy discrimination issues.
Now that the 2014–15 Ontario budget has been passed, Ontario employers should think about how the new Ontario Retirement Pension Plan could affect them.
Annual EEO Public File Report deadline for stations in California, Illinois, North Carolina, South Carolina and Wisconsin download
This Broadcast Station Advisory highlights the upcoming deadlines for compliance with the FCC’s EEO rule.
The last few months have seen many announcements in relation to changes expected in the employment law arena.
Protecting confidential information is understandably an important issue for most employers.
LLP member is a ‘worker’ download
A member of an LLP is a ‘worker’ within the meaning of the Employment Rights Act 1996 and therefore qualifies for whistleblowing protection.
This case will remain relevant when assessing whether any future legislation regarding the disclosure of historic cautions or warnings breaches the right to private life.
The Court of Appeal has held that an employer has no duty to make reasonable adjustments for a non-disabled employee associated with disabled people.
Most businesses are now aware that all breaches of health and safety legislation are treated extremely seriously by the courts.
Are post-termination restrictions on a recruitment consultant enforceable where information is widely available on social media? download
The High Court has held that six-month non-dealing and non-solicitation post-termination restrictions were enforceable by the recruitment business against a former employee.
No, according to the EAT, in the case of a group of agency workers who were assigned to one hirer for periods ranging from between six and 25 years.
Following a preliminary EU court ruling, severe obesity may in future be classified as a disability under EU law.
An unqualified consumer relations officer can only be employed until the 31 July 2014 at the latest.
The shocking news of recent airline disasters brings into sharp focus for employers the sometimes unforeseeable risks facing employees who frequently travel for work.
InCredit — July 2014: Small Business, Enterprise and Employment Bill 2014–15; ring-fencing update; and more download
Addleshaw Goddard has released the 7 July 2014 issue of its InCredit publication.
Is it correct that a contract can only be implied between an individual worker and an end user where it is necessary to do so? download
A contract can only be implied between an individual and the end user where it is necessary to do so in order to give effect to the reality of the relationship.
SAFE has announced reforms to its foreign exchange administration in order to make it easier for Chinese individuals and companies to invest abroad.
Ogier Fiduciary Services has partnered with QIC to create a successful share plan that helps motivate, retain and incentivise employees.
The standard JCT forms of contract include provisions relating to defects that come to light during the rectification period.
Be Global — July 2014: new gender equality reporting obligations in Australia; meaning of ‘last wage’ clarified in UAE; and more
Be Global is DLA Piper’s snapshot of key global employment law developments designed to help you identify legal hotspots across your global operations.
The web-based training product is designed to leave managers better equipped and more confident to handle disciplinary issues.
The states approved the proposed Employment (Amendment No 8) (Jersey) Law 201- on 18 July 2014.
Nabarro has advised Swedish engineering company Indutrade on four strategically significant acquisitions.
Employment tribunal fees download
29 July 2014 will mark the first anniversary of the introduction of legal fees in the employment tribunal.
A recent decision has confirmed that in some cases the extent of an appeal manager’s authority does not include increasing the disciplinary sanction imposed.
The High Court has considered whether a claimant waived privilege in confidential documents simply because they had been seen by someone other than the claimant and his lawyer.
Wragge Lawrence Graham & Co’s energy team has advised Carron Energy on its disposal of three power response businesses.
Allen & Overy has advised Imperial Tobacco on its acquisition of the US Winston, Kool, Salem and Maverick tobacco cigarette brands and the US/UK blu e-cigarette brand.
Richard Hignett has successfully represented a small employer at the Birmingham Employment Tribunal, securing a sizeable costs award.
DLA Piper has announced that Maria Rodriguez has been named to the Daily Journal’s 2014 list of ‘Top Labor and Employment Lawyers’.
Budget — where we are now download
The government has published its response to its Freedom and Choice consultation issued as a result of the Budget.
Barrister Charles Crow from No5 Chambers has won an unfair and wrongful dismissal claim for a top surgeon.
The Parliament of the Republic of Serbia adopted amendments to the Labour Law on 18 July 2014.
Obesity: the new disability? download
With NHS statistics suggesting obesity levels are increasing, a recent case has looked at whether obesity can amount to a disability and come within discrimination provisions.
Partner and head of employment
Justice secretary Chris Grayling will hear his new Social Action, Responsibility and Heroism Bill 2014–5 debated in the House of Commons on 21 July 2014.
Reshuffles and ‘pale stale males’ download
The idea that the group of staff targeted represent the ‘pale stale males’ of an organisation may ring discrimination alarm bells for those in HR.
A new Ontario Bill will give unpaid trainees the protection of the Occupational Health and Safety Act.
In this video, pensions, benefits and executive compensation partner Pamela Baker reviews the ups and downs of golden parachute cap provisions.
In this video, Pamela Baker looks ahead to the future of COBRA subsidy provisions in executive employment agreements.
Serbia: seconding Austrian nationals to work in Serbia and applying the Double Taxation Treaty between the two countries download
It is commonplace for foreign companies active in Serbia, including Austrian firms, to second their employees to the country via their affiliates or business partners.
Neil Hudgell Solicitors has won €1.75m for engineer Hendrik Donkers, who lost two limbs in an accident that took place as he went to service a tyre below an aircraft’s nose.
Few legal cases have attracted wider public interest recently than that of the Danish childminder whose case has generated debate about whether obesity is a disability.
You’re finally lying by the pool and your phone rings. It’s the office and they need you to sign some urgent documents.
Is obesity a disability? download
The question of whether obesity constitutes a disability was recently considered by the advocate-general of the Court of Justice of the European Union.
Since September 2013, employee shareholder agreements have enabled companies to introduce a new type of employment status into their workforce.
The States of Jersey have passed an amendment to the Employment (Jersey) Law 2003, incorporating a number of ‘family-friendly’ rights into the legislation.
Stephenson Harwood has advised Cofely on its purchase of Lend Lease’s UK facilities management business.
Employment Update: summer 2014 — restrictive covenants; whistleblowing Q&A; fiduciary duties; and more download
Bates Wells Braithwaite has published its Employment Update for summer 2014.
Gateley has made promotions in numerous practice areas. They include seven promotions to associate, seven to senior associate and two to legal director.
The summer edition of Eversheds’ UK Pensions Agenda is out. It summarises 10 key issues affecting UK pension plans and plan sponsors.
Shoosmiths looks at what it could mean for UK businesses if Scotland decides to become an independent country.
Calculating holiday pay is proving to be a hot topic at the moment, with recent employment tribunal and European court decisions hitting the headlines.
Ontario’s government introduced workplace legislation on 16 July 2014 that would affect five labour and employment statutes in the province.
Court of Appeal rules employers are entitled to impose higher disciplinary sanction on appeal download
In McMillan v Airedale NHS Foundation Trust, the Court of Appeal held that employers may, in principle, increase a disciplinary sanction on appeal.
The Federal Circuit Court of Australia imposed fines on a company totalling AUD313,500 for sham contracting and related contraventions of the Fair Work Act 2009.
New figures released by the Health and Safety Executive have indicated that the number of cancer deaths in the UK caused by asbestos exposure is continuing to rise.
Reports of a business executive sacked for having a visible tattoo raise potential issues for employers wanting to set standards of appropriate dress and appearance.
Walker Morris has been ranked as one of the UK’s top graduate employers in the latest Guardian UK 300 listings.
In Peabody v Time Warner Cable, Time Warner contended that a former account executive was not entitled to overtime pay because she fell into the ‘commissioned employee’ exemption.
The IRS has issued final regulations that permit employers and IRA providers to offer ‘qualified longevity annuity contracts’ or ‘QLACs’ under defined-contribution plans and IRAs.
In Lock v British Gas, the European Court of Justice decided that holiday pay under the Working Time Directive has to include commission if salary is made up of commission.
Perspectives — Supreme Court rejects presumption of prudence for ESOP fiduciaries; and more download
This issue of Perspectives focuses on recent ERISA fiduciary and tax decisions, which have special importance to plan sponsors and plan fiduciaries.
Obesity is a growing problem in modern society. For the first time, the European Court of Justice is considering issues concerning obesity-based discrimination.
Collyer Bristow’s employment law specialists are dedicated to providing practical and commercial solutions to all of your employment problems.
Shoosmiths, in conjunction with Ryder Marsh, recently hosted a health and safety event in collaboration with a top US institution.
As of 1 July 2014, Saskatchewan employers who violate certain occupational health and safety laws may be issued a summary offence ticket.
The creation of a central registry of company beneficial ownership information.
Government loses workfare case download
Thousands of jobless claimants denied benefits under flagship back-to-work schemes could be in line to share £130m in compensation.
Not just a matter of terminology: disclosure between the US and UK is redefining the role of legal counsel download
Cory Birenbaum and Rod Anderson outline how general counsel and their advisers can prevent their employers from falling afoul of US judges.
In this article, Walker Morris examines the issues relating to zero-hours contracts and their practical impact for employers.
Mourant Ozannes has advised Canadian investment holding company Endiang Holdings on its acquisition of ARC Group.
An employee has failed in his bid to persuade the Human Rights Tribunal that safety-related discipline against him was discriminatory under the Human Rights Code.
As if employers needed one, we now have yet another decision invalidating a termination provision for failure to comply with the Employment Standards Act 2000.
In Germany, new rules specifically designed to regulate the limits of working hours in the offshore industry came into effect on 1 August 2013.
Once skilled migrants have moved to the UK and begun to work under their newly acquired immigration status, it is likely there will be changes to their pay and job role.
Small Business, Enterprise and Employment Bill — corporate governance: proposals that all UK companies should be aware of download
The Small Business, Enterprise and Employment Bill is seeking to impose an obligation on all UK companies to create and maintain a register of beneficial ownership.
The risks of revolutionary design — Sainsbury’s Supermarkets Ltd v Condek Holdings Ltd and Others download
Who can an employer look to when a revolutionary design goes wrong and the company that designed and constructed it has gone into liquidation?
Many people with an international element to their business or their lifestyle choose to employ domestic staff from overseas.
The law that converted the Poletti Decree (Law No. 78 of 16 May 2014) has only recently been published in the Gazzetta Ufficiale.
Irvine Maccabe reviews new statutory provisions outlawing race discrimination in Jersey.
One of the problems faced by HR managers is how you go about having a difficult conversation with an employee who isn’t performing as well as you would like.
Dentons’ restructuring, insolvency and bankruptcy group considers the legal, commercial and practical issues when buying from an insolvent company.
Ontario’s New Human Rights Policy download
In June, the Ontario Human Rights Commission released a new policy entitled ‘The Policy on Preventing Discrimination Based on Mental Health Disabilities and Addictions’.
Supreme Court rules that contractual damages cannot be recovered for manner of dismissal losses download
An employee cannot bring a breach-of-contract claim for losses flowing from the manner of dismissal even where the dismissal is in breach of an express contractual disciplinary procedure.
Employers should be aware of a number of recent developments in the employment law arena.
The government has published its response to the consultation on how mandatory equal-pay audits will operate, together with the draft regulations that will govern the new system.
The Small Business, Enterprise and Employment Bill sets out a number of further reforms to the employment law landscape.
The government will ban the use of ‘exclusivity clauses’ — which provide that the employee is not entitled to work for another employer.
The EAT has held that a claimant lost his right to claim constructive dismissal where he gave his employer considerably longer notice of termination than he was obliged to do.
EAT holds that the mental processes of anyone influencing a decision maker should be taken into account download
In Reynolds v CLFIS (UK) Ltd and others, the claimant alleged that the termination of her consultancy agreement was discriminatory on the grounds of age.
Madarassey, Mezzoterro, Villalba: there was a time when the papers were full of reports of women with six-figure salaries taking on their employers in tribunal.
Wrongful dismissal, unfair dismissal, or both? That is the question posed by Charles Crow and Alexander Mellis.
Change of location and TUPE download
Anthony Korn reviews the EAT’s ruling in Donnelley Global Document Solutions Group Ltd v Besagni and others (EAT/0397/13).
Earlier this month, the government named and shamed 25 employers who failed to pay their workers the minimum wage.
Walker Morris looks at the immigration changes and what employers need to know.
The Office for National Statistics has estimated that 465,500 people were aged 90 or above in 2012 (33 per cent higher compared with the previous decade).
After a 2.9 per cent decline in GDP in 2014’s first quarter, businesses had cause for concern about the future of the US economy. This report should go a long way to allay those fears.
How far does associative discrimination extend beyond direct discrimination and harassment? download
Russell Holland and Russell Bailey consider the impact of the recent decision of the Court of Appeal in Hainsworth v Ministry of Defence.
Richard Adkinson considers the ruling of the First Chambers of the CJEU in Gülay Bollacke v K + K Klaas & Kock BV & Co KG.
The odds are very long that Congress will enact comprehensive immigration reform legislation in 2014, and the odds may not improve much in 2015.
An employee who was fired one day after complaining that she felt threatened by ‘aggressive clients’ was entitled to damages for the retaliatory discharge.
The campaign to increase the representation of women on the boards of public companies reached a significant milestone recently.
The California Supreme Court in Iskanian v CLS Transportation Los Angeles held that its decision in Gentry v Superior Court is no longer good law.
DLA Piper has announced that Kevin Finger and Jeffrey Torosian will join the firm’s litigation practice as partners in the Chicago office.
Wragge Lawrence Graham & Co has announced the promotion of 13 lawyers to the firm’s legal director role.
Minter Ellison has announced a range of senior appointments, including eight new partners, five special counsel and 25 senior associates.
Holiday pay to include commission download
When calculating statutory holiday pay for their employees, UK employers need to take into account not just their basic pay but also contractual commission.
An employee can accept a repudiatory breach of contract if a longer notice period is given than required by the contract of employment.
Admissibility of covert recordings download
G, who was employed by the bank until her resignation, lodged a claim at the employment tribunal, alleging sexual harassment, sex discrimination and constructive unfair dismissal.
Merlin Financial Consultants Ltd v Cooper, concerning 12-month non-competition restrictive covenants, suggests that they are easier to enforce in the financial services sector.
This article looks at the principles set under the new code of practice for funding defined benefits.
All employees can ask for flexible working from 30 June. Here are Shoosmiths’ top three tips for avoiding the doom and riding the wave as smoothly as possible.
A court has confirmed that the ability to work night shifts was a genuine occupational requirement for a registered nurse who was engaged in roles that provided 24/7 care.
According to a YouGov report, 65 per cent of companies currently allow employees to bring their own devices to work, but only a quarter have a a formal policy in place.
The traditional view is that a novation is an agreement that replaces the original contract with another one on the same terms but with different parties.
Section 95 of the Employment Rights Act 1996 modifies the common law position by allowing an employee to claim constructive dismissal even if notice is given.
A reminder from the EAT: appealing against a well-reasoned tribunal decision is unlikely to be successful download
The Employment Appeal Tribunal (EAT) has reviewed the approach to be taken by tribunals in determining employment status.
The European Commission to announce new Strategic Framework on Health and Safety at Work 2014–2020 download
The framework has the aim of ensuring that the EU remains at the forefront of encouraging high standards for working conditions worldwide.
The number of prosecutions that the HSE takes each year as a consequence of injuries caused by inadequate guarding remains astonishing.
Companies are being urged to take note of the new flexible working law, which gives all workers with at least 26 weeks of service the right to request flexible working.
Disciplinary letters issued to three members of a safety ‘policy committee’ were not retaliatory under the Canada Labour Code.
Our legal professionals work alongside social media providers and users in relation to commercial, privacy, data, advertising, intellectual property, employment and corporate issues.
We help directors get to grips with the myriad corporate governance rules and regulations through a complimentary range of services, events and information.
We are experienced in working with owner-managers from a wide range of sectors and providing cost-effective and practical advice.
For clients operating in the internet sector, Kemp Little is structured to comprehensively meet their legal needs.
Managing partner and head of employment
Audrey Williams, employment partner at Eversheds, has commented on the government’s results from its call for evidence regarding current whistleblowing laws.
Naeema Choudry has commented on the Flexible Working Regulations 2014, which extend the right to make a request for flexible working to any employee who has been employed for 26 weeks.
No5 Chambers barrister Jack Feeny has been interviewed by Iain Lee on the BBC Three Counties Breakfast show about an employment tribunal case he was involved in.
Mills & Reeve and Veale Wasbrough Vizards (VWV) are to give employment advice to the British Library after winning a mini-tender run by the London Universities Purchasing Consortium (LUPC).
Arbitrator may order change to hours, location of doctor who sexually harassed hospital nurse download
Where a doctor has sexually harassed a nurse, a labour arbitrator has authority to decide how close the doctor should be able to work with the nurse and under what conditions.
Money purchase deconstructed: working with the new definition — a checklist for trustees and administrators download
The definition of money purchase benefits is changing, as are the rules on how schemes are required to deal with any benefit that becomes classified as a ‘non-money purchase’.
Annabel Mackay, managing associate at Addleshaw Goddard, comments on the government’s response to its call for evidence on the whistleblowing framework.
Disclosure of spent convictions download
The Supreme Court has confirmed that the government’s changes to the criminal records disclosure regime last year were necessary.
On 30 June 2014, the right to request flexible working will be extended to all employees with 26 weeks’ qualifying service.
At Kemp Little, we have helped to drive the adoption of technology and data analytics as well as providing advice to life science companies supplying the sector.
Non-competition restrictive covenants have been described by a leading judge as ‘the most powerful weapon in the employer’s armoury’.
The deadline for employers to report share-based awards is approaching. The ATO is increasing its focus on ESS reporting compliance so employers should be aware of some of the traps.
Boutique firms CM Murray, Hierons and Maurice Turnor Gardner have joined forces with chartered accountants Buzzacott to go to market as a one-stop-shop for professional practices.
If your organisation has 100 or more employees, unless it is a public sector employer, it will have annual gender reporting obligations to the Workplace Gender Equality Agency.
Dentons’ employment team considers the impact of the Clyde & Co v Bates van Winkelhof case on LLP pension provision.
The ECJ has handed down an important decision that affects the calculation of holiday pay for workers whose pay includes an element of commission.
HMRC has ruled that around 3,000 home care staff should receive a share of £600,000 in unpaid wages after their employer had not paid them for time spent travelling between care visits.
The Pensions Regulator has issued a report outlining how it dealt with an employer that failed to meet its auto-enrolment deadlines and registration.
The European Court of Justice has recently heard a discrimination claim brought by a Danish child minder, Karsten Kaltoft, against his local authority.
The World Cup runs until 13 July and from past experience we know it can give rise to a few employment challenges.
The government’s quarterly employment tribunal statistics for the period January to March 2014 show a drop in single claims of 59 per cent.
There have been a number of changes to immigration-checking rules for employers.
The government has published its proposals for the reclassification of occupational pension schemes in the Pension Schemes Bill.
A new act makes changes to the legal framework of occupational pensions for employees, self-employed individuals and self-employed company leaders.
M&A Weekly Update: public register of individuals with significant control over companies — details available; and more download
The Small Business, Enterprise and Employment Bill has now been published. The bill covers a number of company law changes.
The background to the Pensions Regulator’s Code of Practice is the new statutory objective ‘to minimise any adverse impact on the sustainable growth of the employer’.
The Supreme Court has issued a decision in a case of an employee who sought payment of a fair premium for an invention he created during his employment.
PGPA starts 30 June 2014 download
The much anticipated Public Governance, Performance and Accountability Act 2013 (PGPA Act) came into effect on 30 June 2014.
From 30 June 2014, the right to request flexible working becomes available to all employees.
Ute Krudewagen presents 10 important pitfalls to be aware of as you develop your global employment documentation.
A case is currently being considered by the Court of Justice of the European Union concerning obesity and a ruling is expected shortly.
Five myths of resignations download
There are many myths surrounding resignations. In this briefing, Gateley lays some of these myths to rest.
Three months on from the surprise Budget announcement, Nabarro’s Jennifer Bell provides a brief round-up of where we are.
The Flexible Working Regulations 2014 come into force on 30 June 2014.This extends the right to request flexible working to all employees with 26 weeks’ continuous service.
What happens when an employee dies during their employment with an outstanding holiday balance?
InContact — 14 June 2014: Small Business, Enterprise and Employment Bill 2014–15; BBA report; and more download
Addleshaw Goddard has released the June edition of InContact, which covers the latest market news and developments in the payments space.
Three key cases in one day address the future contours of arbitration clauses in California: action steps for employers download
The California Supreme Court has clarified the permissible scope of class action waivers in arbitration clauses in California.
Summer working hours in the GCC download
The annual summer time working hours restrictions will soon be implemented in the UAE, the Kingdom of Saudi Arabia and Qatar.
The Lock decision has expensive implications and it’s worth doing the groundwork now.
Supreme Court denies chronic stress WCB claim after employee reacted to disciplinary letter download
The Supreme Court of Canada has denied an employee’s claim for workers’ compensation benefits (WCB) for ‘chronic stress’.
Eversheds partner Simon Rice-Birchall has commented on Vince Cable’s announcement in relation to zero-hours contracts.
Hertsmere Borough Council’s human resources (HR) team has selected Iken Case Management to support its busy team.
Should Liverpool FC bite back? download
FIFA has confirmed that disciplinary proceedings have been opened against Luis Suarez following an apparent breach of the FIFA Disciplinary Code.
The EAT has held that secret recordings of private deliberations made in the course of grievance and disciplinary proceedings can be used as evidence in a tribunal.
DLA Piper has announced that the firm has received Gold Standard Certification from the Women in Law Empowerment Forum for the third consecutive year.
Russell Holland from No5 Chambers has appeared for the appellant in Nabili v Norfolk Community Health and Care NHS Trust UKEAT/0437/13/DM.
Company fined $25,000 for operating electrical contracting business without licence under Electricity Act after apprentice injured download
An electrical contractor has been convicted and fined for carrying on an electrical contracting business without being licensed under the Ontario Electricity Act.
A full two decades ago, The Lawyer launched its first-ever awards. They were billed as being devoted to finding excellence in the legal profession, and 20 years on, the same applies.
Shoosmiths recently teamed up with RBS and KPMG for the Thames Valley Business Leaders’ Dinner in Reading.
Since the advent of ‘say-on-pay’, the plaintiffs’ securities bar has attempted to rustle up claims relating to executive compensation matters discussed in proxy statements.
The Pensions Regulator has published a new code of practice on funding defined benefits ’to minimise any adverse impact on the sustainable growth of an employer’.
DLA Piper’s diversity initiative Leadership Alliance for Women (LAW) has been named as the Best Gender Diversity Initiative by an International Firm.
The requirements to hire temporary foreign workers have been revamped to make the hiring of foreign workers more difficult for employers.
Eversheds has published the June 2014 edition of its In Brief publication — a look at what is happening in the legal sector.
$50,000 fine after trip-over-cord accident shows employers must listen to safety committee recommendations download
A nurse’s trip over a cord has landed a hospital a CAD50,000 fine where the joint health and safety committee had previously documented cord trips as a known hazard.
DLA Piper has produced a pack of free legal guidance aimed at high-growth start-ups that have ambitions for high-growth and international expansion.
Walker Morris has announced that it will be awarding travel bursaries worth £1,000 each to three of its trainees each year.
Business start-up pack — UK download
The purpose of this start-up pack is to provide assistance and support to early stage start-ups who are looking to establish their business on a more formal basis.
Tax Newsletter: June 2014 — tax relief and rates for social security contributions in Serbia download
The Serbian Parliament adopted amendments to the Law on Personal Income Tax and the Law on Mandatory Social Security Contributions on 30 May 2014.
Partner — Thames Valley
Holiday pay still due on death download
The European Court of Justice has ruled that holiday benefits should not be lost if an employee dies before claiming them.
The Ministry of Justice’s latest statistics show that the reduction in tribunal claims since the introduction of fees in July 2013 has continued.
On 30 June this year, the right to request flexible working will be extended to all employees who have the relevant qualifying service.
The Pensions Regulator published the revised version of its new code of practice on funding defined benefits on 10 June.
Dean Fealk has been named as a trade adviser in a joint appointment by US trade representative Michael Froman and US secretary of commerce Penny Pritzker.
Managing World Cup fever download
What is a high water mark of sports events for fans can be the source of many headaches for employers, who need to be careful not to underestimate the impact of the World Cup.
Partner — Southampton
Partner — Nottingham
LK Shields Solicitors has experience in all aspects of pension schemes, regulatory and transactional issues, product development and pension disputes.
LK Shields Solicitors advises on all aspects of the employer/employee relationship.
LK Shields Solicitors has experience in complex and high-profile commercial litigation and in professional negligence defence, among other things.
Immigration Act 2014 download
The Immigration Act, which received royal assent on 14 May 2014, requires private landlords to ensure that prospective tenants are in the UK legally.
Eversheds’ Geoffrey Mead has commented on the sustained reduction in the number of employment tribunal claims lodged since the fees regime was introduced last year.
Role of the company secretary download
Directors of Irish companies are set to face new obligations regarding the company secretary when the Companies Bill 2012 is enacted.
LK Shields Solicitors has advised WHW Bakeries in its acquisition of the Irish Pride bakery business.
Fieldfisher tax and structuring head Graeme Nuttall is among a small group of lawyers to have been named in this year’s Queen’s Birthday Honours list, becoming an Officer of the Order of the British Empire (OBE).
Threat, assault on supervisor were just cause for dismissal at isolated mine in NWT with ‘zero-tolerance’ violence policy download
An employee at an isolated camp in Canada who assaulted and threatened his supervisor was dismissed for just cause, an adjudicator has decided.
This question was recently considered by the EAT in Betsi Cadwaladr University Health Board v Hughes & Ors. Mrs Hughes was a senior nurse with 31 years’ service.
Is obesity a ‘disability’? download
Does the fact that a person is obese mean they are, or could be, ‘disabled’ for the purposes of the Equality Act 2010?
World Cup fever without the headache download
While football fans will be gripped with World Cup fever over the next month, businesses could face HR headaches as a result.
Publication of two RTSs to determine the ‘identified staff’ and the types of instruments that can be used for paying bonuses download
These two regulatory technical standards (RTSs) were published in the Official Journal of the European Union on 20 May and 6 June 2014 respectively.
Good faith and employee communications — landmark ruling in IBM UK Holdings Ltd and IBM UK Ltd v Dalgleish and others download
Employers undertaking pension scheme benefit change processes need to give careful consideration to the overall impression they give and to member expectations.
Shepherd and Wedderburn has compiled a list of seven things businesses can do to ensure they are prepared for Glasgow 2014.
Our employment team is renowned for its impressive technical expertise, proactive approach and ability to deliver practical and commercial solutions.
As experienced corporate tax specialists, we appreciate the need to communicate complex issues in a straightforward, accessible way.
We bring a pragmatic and commercial approach to pensions law. We understand the wide range of complex issues our clients face.
Home working: top tips for employers download
Shoosmiths looks at some top tips for employers when considering requests from employees to work from home.
The ‘new’ flexible working regime download
There are many ways in which flexible working can be achieved, through the use of, or a combination of, many possible working arrangements.
This article sets out five key things you need to know about the case of IBM UK Holdings v Dalgleish and its implications for employers and trustees.
Currently, not a day seems to go by without reports of whistleblowing in the press, and more developments are in the pipeline.
12 June 2014 marks the kick-off of the FIFA World Cup. It will be vital that employers plan early to reduce the impact on staffing and productivity levels.
Binder Grösswang has advised Software AG on the sale of its Austrian SAP consulting business to the Scheer Group.
Binder Grösswang has advised the Scout24 group on the acquisition of Austrian real-estate portal www.immobilien.net.
The British Columbia Supreme Court’s recent decision in Pierce v Jivraj represents a warning for employers and their counsel in seeking an APO.
The BC Court of Appeal has upheld the for-cause termination of a supervisor who used text messages to obtain drugs from an employee under his supervision.
HS2 — are we on the right track? download
The HS2 project is undoubtedly important in terms of infrastructure and the wider economic benefits to the UK economy.
Pensions snapSHot — June 2014: Pensions Act 2014; limited liability partnerships and auto-enrolment; and more
This edition of snapSHot provides you with a need-to-know digest of a range of legal and regulatory developments affecting the pensions world during May 2014.
Jersey’s new discrimination law will be the focus of an expert panel discussion taking place that has been organised by Mourant Ozannes and the CIPD Jersey Group.
Audrey Williams, partner and head of discrimination at Eversheds, has commented on the European court considering for the first time where obesity sits in legal terms.
CIC has announced expanded guidelines for immigration and border service officers to follow when assessing work permit applications.
In Morris Meadows Country Holidays and Seminars v MNR, the Tax Court considered whether certain workers were employees or independent contractors.
Justin Govier, partner and employment law solicitor at IBB Solicitors, discusses settlement agreements — the key employment law issues for employers.
In this video, Jonathan Bruck, senior employment law solicitor at IBB Solicitors, discuss employment disputes and Acas regulations.
Collyer Bristow has promoted six lawyers as part of its 2014–15 review. The changes see Janine Alexander and Peter Daniel both promoted to partnership.
The recent High Court case of Warm Zones is a useful reminder for employers of the best steps to take to protect confidential information.
In Roitelman, the Tax Court considered whether a director could establish that he had been duly diligent in his attempts to prevent his company’s failure to remit source deductions.
Queen’s Speech 2014 download
There are significant proposals this year on areas such as infrastructure, pensions, zero-hours contracts, ‘modern slavery’ and recall of MPs.
The proposed legislative programme put forward in the Queen’s Speech contained some thought-provoking news for employers.
Until recently, clauses permitting termination for convenience were a rarity in standard form construction and engineering contracts.
LLP members as ‘workers’ download
The Supreme Court has concluded that members of LLPs who provide services to the LLP are ‘workers’ for the purposes of the Employment Rights Act.
Recruitment consultancies should get back to people to ensure they know what happened to their job application. Many don’t and that is simply not good enough.
The UK Supreme Court has ruled in Clyde & Co v Bates van Winkelhof that members of limited liability partnerships are workers who can benefit from whistleblower protections.
You need to prove your case: California Supreme Court confirms wage-and-hour defendants have right to argue individualised defence in class action trials download
Duran v US Bank National Association has far-reaching ramifications and the potential to dramatically shape the way employment class actions proceed in California.
With the start of the World Cup imminent, have you planned how you are going to manage employee relations during the competition?
The Pensions Regulator confirmed LLPs should all be assessing whether any of their partners are ‘workers’ and, if so, they will be subject to the automatic enrolment legislation.
The ruling in the Clyde & Co LLP case means that members of LLPs have certain quasi-employment protections and may need to be automatically enrolled into a pension scheme.
Two recent cases have rekindled the debate about when time spent at work but sleeping counts as working time for the purposes of the rules on National Minimum Wage.
The decision in Boucher v Wal-Mart represents a good monetary result for Wal-Mart but it is laced with lessons for employers to keep in mind when faced with allegations of managerial harassment.
Employers have less than one month to ensure that their workers and supervisors complete the mandatory ‘basic occupational health and safety awareness training’ by 1 July 2014.
On 5 May 2014, the president signed Federal Law No. 116-FZ on Amendments to Certain Legislative Acts of the Russian Federation regulating leased labour
The High Court held that deeds of amendment going back more than 30 years had been incorrectly executed.
Changes have been made to the statutory protection in regard to pension rights offered to transferring employees on a TUPE transfer, who were formerly members of an occupational pension scheme.
The DWP has outlined in its ‘Command Paper: Better workplace pensions: Further measures for savers’ new quality standards and charge-capping measures.
In Merlin Financial Consultants Ltd v Cooper, Mr Cooper was a financial adviser employed by Merlin.
Recently the Dying Matters Coalition has called for a national review of employment practice on bereavement leave.
With a general election on the horizon, this year’s Queen’s Speech included a number of interesting announcements — most notably plans to allow workers to contribute to collective pensions.
The Supreme Court recently gave its long-awaited decision in Clyde & Co v Barnes van Winkelhof.
Khaitan & Co has advised Elder Pharmaceuticals in relation to the sale of some of Elder’s branded domestic formulations business in India and Nepal to Torrent Pharmaceuticals.
A recent Employment Appeal Tribunal judgment — Clements v Lloyds Banking plc — highlighted the way in which age discriminatory remarks can result in protracted litigation.
The Unfair Dismissal (Variation of the Limit of Compensatory Award) Order 2013 has varied the limit on the compensatory award available in unfair dismissal claims.
The ECJ has held that where a worker is paid by way of basic salary and regular sales commission such commission must also be included in the calculation of holiday pay.
C, in his fifties, was employed by LLoyds Bank. During a discussion with C’s manager regarding performance concerns, C claimed his manager said to C: ‘You’re not 25 anymore’.
In Eastlands Homes Partnership Limited v Cunningham the EAT confirmed the correct approach to determine whether a claimant has been unfairly dismissed for gross misconduct.
Two migrant domestic workers from Nigeria brought claims of direct and indirect race discrimination in the Employment Tribunal.
Weekly Newsletter Italy: HR consultancy; competition, EU and regulatory; and financial services disputes and investigations download
Eversheds has published its weekly newsletter covering Italy for 19–25 May 2014. It looks at HR consultancy, competition, EU and regulatory, financial services disputes and more.
The Supreme Court has ruled that a fixed-salary partner who was a member of a limited liability partnership (LLP) was a ‘worker’ for employment law purposes.
This briefing discusses Capgemini India Private Ltd and another v Krishnan and others (the employees).
New immigration codes of practice download
Two new immigration statutory Codes of Practice (replacing previous versions) were released by the government on 16 May 2014.
The guide provides advice on how to support trade union members who are autistic to secure the workplace adjustments they may need.
TUPE: service provision change occurred despite significant change in the way activities carried out post-transfer download
The Employment Appeal Tribunal (EAT) considered the Employment Tribunal’s approach towards identifying whether there had been a service provision change.
NLRB will focus on injunctions in successor cases: for potential buyers, six questions about their labour obligations download
The National Labor Relations Board has indicated that it intends to focus on seeking injunctions in successor cases.
This article summarises a number of recent cases and developments employers should be aware of regarding the Fair Work Commission’s new bullying jurisdiction.
On 6 May 2014, ACAS early conciliation (EC) became mandatory for the majority of prospective claimants in employment tribunal claims.
The concept of constructive dismissal is rooted in contract law.
The Court of Appeal has unanimously held that a parent company was not liable for industrial disease suffered by an employee of a subsidiary.
Changes to flexible working requests download
While employers will not be under an obligation to accept all requests, they will be obliged to consider all requests reasonably within a three-month time frame.
The Supreme Court decision in Clyde & Co v Bates van Winkelhof has focused attention on the employment status of partners who are members of LLPs.
Managing sickness absence can be a tricky area, particularly in the case of disabled employees, who may require more time off than others.
The EAT was asked to consider whether employees could bring a claim directly against a new employer to whom their employment had transferred under TUPE.
The recent case of Briggs and others v Gleeds (Head Office) and others serves as a reminder of the potential dangers of failing to comply with the statutory rules on how parties to a deed should execute it.
Prevention of illegal working download
There are new ‘right to work’ checks required for employees and higher penalties for getting it wrong.
M&A Weekly Update: fraud, bribery and money laundering sentencing guidelines; limited liability partners as workers; and more download
Macfarlanes has released its M&A Weekly Update for the period 23–28 May 2014.
The issue of age discrimination and employee insurance is something employment tribunals may well need to focus on as the number of older workers continues to rise.
Behind the headlines and the hype, is ‘age and gender’ a live issue, and if it is, what can employers do to address it?
Lock v British Gas is likely to affect the majority of those employed in UK businesses where commission arrangements are commonplace for rewarding staff.
Delhi High Court upholds Centrica ruling: employee secondment may trigger permanent establishment download
Multinationals with operations in India should take note of the Delhi High Court’s recently decision in Centrica India Offshore Pvt.
Customs compliance download
Companies may face new and increasing customs risks, often involving the failure to comply with customs law.
An employer’s assertion that ‘everyone just knew’ the safety rules was not a defence to charges under the OHSA, an Ontario court has held.
LLP members are ‘workers’ download
The Supreme Court has confirmed that Ms Bates van Winkelhof, a former member of Clyde & Co, is a ‘worker’ for the purposes of the Employment Rights Act.
Walker Morris has been appointed to the Legal Service Panel for the Centre for Process Innovation (CPI) following a successful tender.
Chief operating officer
The words ‘diversity’ and ‘CSR’ appear on the majority of law firm websites. But what do firms actually mean by these terms and how important are they?
It has been on the horizon for some time now — a complete overhaul of parental leave as we know it is now less than 11 months away.
Pensions Act 2014: more change ahead download
The Pensions Act 2014 received royal assent on 14 May 2014, introducing important changes to the regulations for pensions.
Holiday pay to include commission download
The long-awaited decision of the CJEU in British Gas v Lock confirms that commission must be included when calculating holiday pay.
Yes, was the view of the European Court of Justice in Lock v British Gas Trading Ltd last week.
Jo Keddie, head of employment law at Winckworth Sherwood, has been quoted by Bloomberg in relation to Lock v British Gas Trading.
Eversheds has announced the appointment of HR specialist Moira Slape, who joins the firm as HR director.
Employees of Ontario’s Office of the Worker Advisor and Officer of the Employer Advisor who provide legal services relating to the OHSA must be licensed paralegals.
Pillsbury has announced that for 2014, Chambers USA has ranked 86 individual Pillsbury lawyers, with 12 partners recognised in two or more categories for a total of 98 individual lawyer rankings.
This video from Allen & Overy looks at the way that a carefully planned and executed people management strategy can be critical to the success of a merger.
BDK has formed an emergency rapid response team following the devastating floods that hit Serbia and Bosnia and Herzegovina.
Jersey employment professionals had the opportunity to discuss honesty and integrity in the context of the workplace at a recent Carey Olsen conference.
Your partners are not your employees: Supreme Court of Canada clarifies the application of the control/dependency test download
An equity partner in a law firm alleged that the firm’s requirement that equity partners retire from the partnership and divest their equity at age 65 was age discrimination.
Consolidation in the legal industry continues apace with law firms using mergers and acquisitions to drive greater efficiencies.
In a case concerning whistleblowing, the Supreme Court has ruled that a member of an LLP can be a worker for the purposes of the Employment Rights Act 1996.
The European Court of Justice, in Lock v British Gas Trading Ltd, has ruled that contractual commission payments do fall within normal pay.
Pensions Act 2014: a quick round-up download
The Pensions Act 2014 received royal assent this month. It includes some major changes to the state retirement pension.
The three-pronged attack on pensions liberation schemes continues.
Be Global is DLA Piper’s snapshot of key global employment law developments designed to help you identify legal hotspots across your global operations.
Earning commission while on holiday download
If a worker is paid commission calculated on the basis of the sales that they make, that commission must also be included in the calculation of holiday pay.
John Hayes summarises the changes made and provides advice on the best approach to accommodate those changes.
The EAT has found that while age discriminatory comments had been made to a former employee, these had not formed a material part of the employee’s constructive dismissal.
The ECJ has handed down judgment in a case that could mean that employers face huge liabilities for claims for holiday pay.
Changes to both TUPE and employment tribunal procedures have recently come into force.
Collyer Bristow trainee Robert Andrews and Alex Just, a pupil barrister at Old Square Chambers, engaged in a ‘life swap’ in March, which was featured in The Times.
Avon and Somerset Police’s legal team has selected specialist case management software from Iken to replace their existing legacy system.
Foresight is an easy-to-use legal calendar that outlines major cases, government policy and forthcoming legislation right through to 2017.
More than 88 per cent of those who took part in a recent poll agreed with the principle of tribunal fees.
DLA Piper has advised shareholders on the equity investment by Equistone to establish a new company, Performance Interactive Alliance for Digital Marketing.
An employee who lied to and misled her employer about her ability to perform her work as a reporter was fired for just cause, and arbitrator has held.
The Supreme Court has allowed the appeal in Clyde & Co v Bates van Winkelhof, ruling that LLP members can be workers for the purposes of whistleblowing legislation.
No5 Chambers has hosted a double celebration to mark Rhona Campbell’s appointment as a tribunal judge and the elevation of John Butterfield to queen’s counsel.
Technology industry leaders are most bullish on revenue growth in the US, China and the UK, according to the results of the annual Technology Business Outlook survey.
Opinion on the use of zero-hours contracts is mixed, but they are prevalent in the higher and further education sectors.
Many Tier 2 sponsors have reported to us that their sponsored migrants have approached them with questions about supplementary work.
Education Update — May 2014: should sessional teachers or tutors be employed or self-employed? download
Recent discussions with clients make it clear that the industry practice for tutors varies, and that some clients employ tutors while others wish to keep them as self-employed.
Immigration Update — May 2014: the Immigration Act 2014 — what it means for employers and migrant workers download
Under the Act, the number of immigration decisions which can be appealed has fallen from 17 to four.
Immigration Update — May 2014: sponsored migrants working at client sites — getting it right download
It is increasingly common, particularly in the IT sector, for businesses to send their Tier 2 sponsored migrants to work, on a temporary basis, at client sites.
Of the many changes to the Immigration Rules on 6 April 2014, the Tier 1 (General) sub-category was greatly affected.
Immigration Update — May 2014: new right-to-work checks — easier to get it right, but more serious if you get it wrong download
On 16 May 2014, new rules on the prevention of illegal working came into force that affect three areas.
Cases involving workplace banter continue to be fertile ground for embarrassing employment tribunal cases and negative headlines.
In this paper, KPMG presents research into reporting of social investment by 100 of the world’s largest companies and their associated foundations.
Managing conflicting beliefs, in particular religious beliefs, is an increasingly tricky area for employers.
Zero-hours contracts on the rise? download
What are the pros and cons of zero-hour contracts and what does the future hold for them?
The Ontario Ministry of Labour has announced that new JHSC Certification Training Standards will come into effect in early 2015.
Covert recordings of disciplinary and grievance hearings were admissible into evidence at a tribunal hearing.
Addleshaw Goddard’s former employment head, client relationship manager and the mastermind of the transaction services offering, Andrew Chamberlain, is to join DWF as employment head.
The Supreme Court has ruled that LLP members are protected by whistle-blowing legislation paving the way for the first whistle-blowing case against a law firm.
Barristers Daniel Barnett and Keira Gore of Outer Temple Chambers, together with Henry Scrope, have updated the Employment Law Handbook (Law Society Publishing).
The House of Representatives in Italy has passed a new decree that will reform some of the regulations currently governing the Italian labour market.
Three recent cases have revealed the cost consequences for pension schemes following failed and flawed attempts to change member benefits.
When a buyer wants to acquire an existing business, it has two options. The commercial effect of these is similar but legally the two transactions are quite distinct.
The government has introduced an order changing the requirements for checking the right to work of current and prospective employees.
Paul Mander argues that smokers already get a pretty bad press and that banning e-cigarettes in the workplace is just overly interfering.
Eugene Wojciechowski argues that employers should not be encouraging employees to become addicted to e-cigarettes.
This article explores some key issues that employers participating in public service pension schemes should be aware of.
New Health and Work Service download
The Health and Work Service is being introduced by the government in accordance with recommendations made by Dame Carol Black.
DLA Piper has announced the addition of Julia Gorham as head of the Asia employment practice. She joins as a partner from JP Morgan.
ESDC minister Kenny announces moratorium on the food services sector’s access to the Temporary Foreign Worker Program download
Employment and Social Development Canada (ESDC) will not process any new or pending LMO applications related to the food services sector.
The Fair Work Commission has handed down its first substantive decision under the new anti-bullying laws.
DLA Piper has appointed former JP Morgan in-house counsel Julia Gorham as its new employment head in Asia.
In the UK, elections are held on working weekdays and no legislation exists to allow employees to take time off work to vote.
Employment update: paid parental leave — government confirms commitment to PPL changes from 1 July 2015 download
On 13 May 2014 the federal government confirmed its election promise made in May 2013 to introduce a new paid parental leave (PPL) scheme from 1 July 2015.
Employment lawyers are shifting their focus to non-contentious areas as the coalition promotes conciliation
In Thompson v Renwick Group plc, Mr Thompson was exposed to asbestos while working for his employer, a transport haulage company, during the mid-1970s.
The EAT has heard the second appeal in Seldon v Clarkson Wright & Jakes. The case focuses on the issue of justifying a compulsory retirement age.
This briefing looks at current data privacy laws and best practice in the UK in relation to data security.
The Manitoba government has proposed substantial increases to fines under the Manitoba Workers Compensation Act.
Adjudicator’s award was shaming of union officials for ‘ongoing campaign’, harassment of member download
A union member has won a legal battle against local union officials after they engaged in a ‘campaign’ against him that attacked his credibility.
Zero-hours contracts breed mistrust download
Many workers on zero-hours contracts experience a deep sense of unfairness and mistrust that go beyond the use of exclusivity clauses.
It has never been more important for employers to ensure that frontline managers are adequately trained to respond appropriately to workplace bullying complaints.
There are groups who appear to consider the compensation principle is being exploited, to the extent that Britain has a ‘compensation culture’.
Walker Morris has launched the latest in its series of ‘little green books’. The latest edition is a comprehensive guide to employee share schemes.
Former Clarkson Wright & Jakes partner Leslie Seldon has pursued a seven-year legal battle against his former firm, which included a trip to the Supreme Court. Yesterday, the Employment Appeal Tribunal signalled the end of the road for the case. Katy Dowell reports
Pensions Regulator publishes details of first enforcement action for auto-enrolment non-compliance download
The Pensions Regulator has published its first section 89 report relating to breaches of the automatic enrolment legislation.
Employers should be mindful of the potential pitfalls in relying too heavily on probationary periods.
It is worth knowing that employers can benefit from getting employees to affirm existing restrictive covenants when they leave employment.
Hotels and leisure update — April 2014: top 10 employment law issues affecting the hospitality sector in 2014 download
What does 2014 hold for the HR hospitality industry? Julian Yew summarises the key legal developments for hoteliers, restaurateurs and food service caterers.
The DHS has announced a proposed rule to attract high-skilled foreign workers by allowing spouses of certain H-1B holders to also be eligible to work in the US.
The Scottish Affairs Committee has recommended changes to zero-hours contracts but has also stated that in most cases they should not be used at all.
Can detriment or dismissal stemming from events closely connected to a protected disclosure be distinguished from the disclosure itself to avoid liability in whistleblowing claims?
The Federal Circuit Court has found that a portrait photography business constructively dismissed an employee, Ms Sagona, for reasons including her pregnancy.
According to recent research, a growing number of the UK workforce is now aged 65 and over; the figure is twice as many as in 1992.
On 10 March 2014, some rehabilitation periods for convictions were reduced.
HMRC has revealed some of the more unusual reasons given by employers for not paying the legal wage.
The government’s quarterly employment tribunal statistics for October to December 2013 show a drop in claims of 79 per cent compared with the same period last year.
ACAS early conciliation is the scheme under which prospective claimants must contact ACAS before they can bring an employment tribunal claim.
The decision in RMT v United Kingdom is clearly welcome news for employers with unionised workforces.
Professional engineer with ‘significant safety background’ who sent ‘abhorrent e-mails’ loses safety retaliation case download
A professional engineer who engaged in an ‘aggressive’ argument with an established member of management has lost his safety retaliation case at the OLRB.
The new scheme will apply to parents of children expected to be born or placed for adoption on or after 5 April 2015 and is expected to come into force on 1 October 2014.
The government is considering issuing a code of practice on whistleblowing that would have to be taken into account by courts and tribunals in relevant claims.
An employer seeking to rely on a post-termination restriction should make its meaning very clear.
Khaitan & Co advises on all employment-related agreements, engagement of consultants, statutory compliances, labour disputes and more.
The Federal Court of Appeal has confirmed that the ground of discrimination due to family status under the Canadian Human Rights Act includes parental obligations which engage a parent’s legal responsibility for a child, such as childcare obligations.
Almost all prospective claimants will now have to contact ACAS to give them their name and address before they are able to bring a complaint to an employment tribunal.
Walker Morris has been appointed by NHS Shared Business Services following a successful tender to help deliver quality legal services and savings to the NHS.
For the tax year from 6 April 2014, the standard lifetime allowance has reduced from £1.5m to £1.25m.
The regulator and FCA issue a guide on how workplace DC pensions are regulated to protect consumers download
One of the areas highlighted last year by the Regulator was the regulation of workplace DC pension schemes.
Regulator issues tools for assessment of an annual governance statement in relation to occupational DC pension schemes download
Last year, the Pensions Regulator formally launched a governance framework for occupational DC pension schemes.
Pensions liberation cases download
Pensions liberation is usually facilitated by an individual transferring their benefits to a pensions liberation vehicle.
EAT confirms that restricting occupational pension scheme benefits for civil partners is not contrary to European legislation download
A case was brought by a civil partner against his pension scheme on the basis it was not providing benefits in respect of his civil partner on an equal footing to those in an opposite-sex marriage.
High Court upholds the PPF Ombudsman’s decision on the disregard of a contingent asset guarantee for PPF risk-based levy purposes download
Pension schemes that potentially qualify for assistance under the Pension Protection Fund (PPF) are required to pay a levy that includes a risk-based levy.
Three recent significant pension decisions highlight some key issues where pension schemes changes are being made download
The much awaited decision in the IBM casewas delivered in the High Court shortly before Easter. Two more cases followed shortly after.
There are certain pension arrangements that are not set up with the same tax status as registered pension schemes, and so contributions to them do not attract tax relief.
Confirmation that money purchase pension arrangement can be VAT exempt may put further pressure on the UK government download
On 13 March 2014, the CJEU confirmed its decision in the case of ATP Pension Services A/S v Skatteministeriet.
The DWP has consulted on a range of proposed exemptions from an employer’s obligation to auto-enrol certain employees.
New regulations mean more auto-enrolment flexibility for average-salary pension schemes and hybrid pension schemes download
New regulations give more flexibility in the way in which a revaluation can be provided for an average-salary pension scheme to be a qualifying pension scheme.
Stephenson Harwood has advised Baker Tilly on the sale of its private client financial management business to Towry, a wealth advice firm.
Allen & Overy has been named Netherlands Law Firm of the Year by Chambers. It was also ranked in the highest category for 13 practice areas.
This article explains how to handle issues of trade and business secret protection from an employment law perspective in Germany.
Restrictive covenants are one form of protection employers can use to protect access to client and suppliers and solicitation of other employees post employment.
The third annual progress report shows clear and positive signs of the increased representation of women on the boards of FTSE 350 companies.
Going to work for the competition download
Where a former employee takes his or her former employer’s information, data or materials to a competitor, the former employer will normally have a range of options open to it.
Introduction of a new insolvency risk measure for employers by the PPF may affect the levy payable by pension schemes download
The introduction of a new insolvency risk measure for employers by the Pension Protection Fund (PPF) may affect the levy payable by pension schemes
An English judgment from July 2013 demonstrates that English courts can make it possible for the company to take back control of LinkedIn accounts.
With the rise of smart devices, the powerful combination of computing technology and internet connectivity has moved from our offices and homes to our bags and pockets.
Privacy in the workplace: avoid damaging employee data breaches by managing five high-risk areas download
The new privacy regime is in full swing, with the pressure on organisations to demonstrate substantial compliance with the new laws.
Deadline for providing ELI increases from 14 to 28 days for TUPE transfers taking place on or after 1 May 2014 download
The increase to the deadline for providing employee liability information (ELI) from 14 days to 28 days had a delayed implementation date.
Several legal measures have recently entered into force, or will do so in the following few weeks.
Chambers & Partners has published the latest Chambers Europe 2014 guide. Wierzbowski Eversheds has been recommended in numerous fields of law.
When defending any claim, the key question that you will be asked from the business line is what is the financial exposure?
Can an ET insist expert medical evidence is provided about an alleged disability and the employer should bear the cost of obtaining it? download
The EAT has overturned an tribunal’s decision that a claimant’s disability status could not be resolved without expert medical evidence being obtained.
ECJ confirms that commissioning mothers under surrogacy arrangements are not entitled to maternity leave download
The ECJ has held that a woman who becomes a mother by way of a surrogacy arrangement does not have the right to maternity leave under the Pregnant Workers Directive.
The Employment Appeal Tribunal (EAT) has offered guidance on how employment tribunals should approach whistleblowing claims.
ACAS has published a brief guidance booklet entitled Early Conciliation Explained, which provides a basic introduction to the new system.
The ability to work remotely has had a fundamental impact on work-life balance.
Kiersten Lucas, senior employment associate at Stephenson Harwood, has commented on the new TUPE changes.
ESDC minister Jason Kenny announces moratorium on Food Services Sector’s access to the Temporary Foreign Worker Program download
Minister Jason Kenny has announced an immediate moratorium on the Food Services Sector’s access to the Temporary Foreign Worker Program.
Verification of all employees’ eligibility for employment in the US is required, but can result in penalties if a company re-verifies unnecessarily.
The National Council for Voluntary Organisations (NCVO) has urged charities to publish full details of senior executives’ pay in order to maintain public trust.
The office of the privacy commissioner of Canada has announced a major breach within its own office with the loss of an unencrypted hard drive containing sensitive personal information.
Employers in Ontario have two months to ensure that their workers and supervisors complete ‘basic occupational health and safety awareness training’.
According to government statistics, the number of employment tribunal claims has dropped by up to 80 per cent since the introduction of tribunal fees.
New law firm Wragge Lawrence Graham & Co was launched on 1 May.
Significant drop in tribunal claims download
Since fees were introduced for claims received on or after 29 July 2013, there has been a drop of 79 per cent in the number of claims compared with the same period in 2012.
The EAT has confirmed that dismissal arising out of absences for post-natal depression after maternity leave had come to an end did not constitute discrimination.
The EAT considered whether a worker was prevented from bringing a sexual discrimination and harassment claim against her employer because she was working illegally.
Causation in whistleblowing download
The EAT has determined whether the person who subjected the claimant to a detriment has to have knowledge of the protected act for a whistleblowing claim to succeed.
Shoosmiths has announced four new partners in the firm’s May promotions. All promotions take effect from 1 May.
DLA Piper has announced that 45 lawyers have been promoted to the partnership. The promotions were made across various practice areas throughout 12 countries.
Allen & Overy has promoted 26 lawyers to counsel and PSL counsel.
In a whistleblowing case, is it possible to distinguish between protected disclosures and the manner in which the whistleblower pursues his complaint? The EAT says yes.
Eversheds has announced the promotion of 21 lawyers from around its international operations to the firm’s partnership.
Hogan Lovells and My Family Care are hosting a roundtable session on 8 May 2014 to take a look at the implications of the shared parental leave regulations.
According to the ONS, most of the contracts it identified were zero-hours, under which people are not guaranteed work from one week to the next.
In two cases, the ECJ considered that commissioning mothers who receive a child via surrogacy were not entitled to maternity leave under the Pregnant Workers Directive.
In Peacock Stores v Peregrine, the Employment Appeal Tribunal found that three employees were contractually entitled to enhanced redundancy payments.
In Crime Reduction Initiatives v Lawrence [UKEAT/0319/13], Ms Lawrence went on sick leave with depression in April 2011.
Covert recordings by an employee of her hearing and the private deliberations of the panels were admissible as evidence in her claim for sexual harassment.
Employers can no longer reclaim statutory sick pay (SSP) from HMRC where the total SSP paid in that month exceeded 13 per cent of their Class 1 NICs for that month.
The recent decision of the High Court in Gleeds is an example of the consequences of the failure to follow the correct formalities for the execution deeds.
RISE Sheffield is a city-wide initiative designed to increase graduate employment in the private sector.
There remains some reticence when it comes to salaries, according to Totem’s Law Firm Salary and Benefits Survey 2014 — Business Services Roles.
The right to request flexible working is being extended to all employees with 26 weeks’ service.
No place for the bully download
When it comes to workplace bullying, the adage ‘what doesn’t kill you makes you stronger’ is far from true.
Networking your way to success download
Totum takes a look at how networking events can provide a good route to a new role.
Call them what you will, the social group that grew up with the internet is now firmly entrenched in the workplace.
The leap to legal download
If you’re a management professional, making the transition to the legal sector may not be something you’ve considered.
Totum argues that businesses should take more risks on hires from outside the sector if they want the best and most innovative talent mix in their firms.
The thorny issue of references download
News recently that a barrister had faked his qualifications on his CV serves as a stark reminder of the importance of due diligence when it comes to new hires.
Early conciliation has been available to claimants since 6 April 2014 but will be mandatory in respect of claims presented on or after 6 May 2014.
The FIDIC Conditions require the contractor to give notice of a claim for extension of time not later than 28 days after the contractor became aware of the event or circumstances giving rise to the claim.
The Pensions Regulator has issued its first report naming (and gently shaming) an employer that failed to comply with its automatic enrolment obligations.
An Ontario construction worker has been fined CAD1,500 (£811) after jumping from a hoist tower to a nearby roof.
This briefing explores the implications of ending a contract early.
Following the deportation by the Sri Lankan authorities of a British tourist because she had a Buddha tattoo on her arm, Shoosmiths looks at the issue of tattoos in the workplace.
It can be difficult for shareholders of private established companies to sell shares without the company being quoted on an exchange.
Allen & Overy has advised Vivendi on the sale of SFR. Vivendi’s supervisory board decided to enter into exclusive negotiations with Altice for a period of three weeks.
Falling between two stools — employees could not bring claims against transferee over failure to provide TUPE information download
Allen v Morrisons Facilities Services Ltd involved the transfer of several hundred employees as part of a large-scale change of service providers of the council’s housing maintenance services.
On 1 May 2014, Dentons is set to host a complimentary seminar/webinar focusing on updates in employment and labour law updates.
This year, ‘the struggle for rights and better social conditions’ may be taking a new turn for the Italian workforce.
The claimant in Panayiotou v Kernagahn was subjected to a series of detriments and was ultimately dismissed by his employer for having an incompatible business interest.
Irwin Mitchell has announced the promotion of 10 lawyers to partner, a slight drop on last year’s record promotions round of 14.
The Canadian government has placed a moratorium on issuing labour market opinions for jobs in the food service industry.
For claimants lodging claims on or after 6 May 2014, it will be compulsory to follow the early conciliation process prior to submitting a claim.
The UK’s ban on secondary industrial action has been held to be lawful despite its interference with the European Convention on Human Rights Article 11.
The question of where a non-delegable duty of care occurs has been addressed in the recent case of Woodland v Essex County Council.
The EAT decision in Crime Reduction Initiative v Lawrence is a reminder that when considering justification tribunals should discount any purely procedural errors.
Pensions speedbrief — scheme closures and benefit changes: High Court sheds light on some dos and don’ts download
This speedbrief looks at IBM UK v Dalgleish and its practical implications for employers and trustees who are considering DB benefit change exercises.
The High Court has found that an employer had breached its implied duty of good faith in the way it went about closing its DB schemes to the future accrual of benefits.
Law firm Leigh Day has announced that it is taking legal action against a major supermarket chain on behalf of more than 400 workers.
A series of recent cases may oblige TMT employers to include average overtime, commission/bonuses and allowances when calculating holiday pay.
You’ve decided to amend a construction contract by striking through the relevant article in the agreement. But a recent judgment suggests that might not be good enough.
Walker Morris’s legislation tracker sets out the changes in order and highlights the headline points together with the proposed or confirmed implementation dates.
It was not ‘harassment’ for a manager to mention the College of Nurses of Ontario and remind nurses of their professional obligations, an arbitrator has held.
As the economy improves, increased competitor activity and team or individual moves are inevitable.
On 6 April 2011, the default retirement age of 65 at which employers could lawfully require their employees to retire was abolished in the UK.
The Federation Council has approved a law requiring foreign citizens to take examinations in Russian history in order to obtain work and residency permits.
Not quite an eye for an eye — judge rules that employee’s ‘kick in the butt’ excuses co-worker’s punch in the mouth download
Does a ‘kick in the butt’ excuse a punch in the mouth? That was the question facing the Court in the recent case of Li v Furguson.
The private equity team at Shoosmiths has advised funds managed by Palatine Private Equity on the management buyout of Gusto Restaurants and Bars.
Hogan Lovells has been shortlisted for 11 Euromoney Legal Media Group Americas Women in Business Law awards.
One less-well-known AWR requirement is to provide information on agency workers as part of a reorganisation.
On 4 April, Birmingham Citizens Advice Bureau held a fundraising Golf Day at North Worcestershire Golf Club, which was sponsored by No5 Chambers.
Mugni Islam-Choudhury considers the new rules on pre-claim conciliation which become compulsory from 6 May 2014.
Born fee? Tribunal fees download
Tim Sheppard of No5 Chambers reviews the recent challenge to tribunal fees.
The recent IBM judgment provides a reminder to employers to stick to their core values or face potential claims that they have breached the implied duty of trust and confidence.
Ian Bridge of No5 Chambers, instructed by Shakespeares, has defended a major supplier of sand and aggregates based in the south east.
Over the last year, a series of cases has given useful guidance on the permissible length of covenants seeking to restrict an ex-employee’s client dealings.
In Legalease’s latest Legal 500 EMEA directory, Wierzbowski Eversheds has earned a number of recommendations.
Immigration law for employers download
Nabila Mallick summarises the key points of immigration law for employers.
On 2 April 2014, at the annual conference of the Beixinqiao Labor Union of the Dongcheng District, Dacheng’s Beijing office was awarded ‘Home of Staff for 2013’.
Court hearings in the UK are generally conducted on an adversarial basis where each litigant presents his or her own case and attacks the other side’s case.
Russell Bailey considers the circumstances in which a procedural error may lead to a finding of unfair dismissal.
OTC silks have appeared for the trustee of IBM’s two principal UK defined-benefit pension schemes and the representative beneficiaries in a landmark case.
Naomi Owen considers the pros and cons of applying for a postponement when criminal proceedings are p
Russell Holland examines the Employment Appeal Tribunal’s ruling in Punjab National Bank v Gosain.
Yale Law Women has selected Hogan Lovells as a top 10 family-friendly firm in its annual policy survey, Top 10 Family Friendly Firms Initiative.
DLA Piper has advised client TowerJazz Japan on the completion of a joint venture with Panasonic Corporation.
Eversheds has announced the appointment of employment partner Michael Burns, who joins the firm from DLA Piper.
Hogan Lovells has advised the Department for Transport on the financing of the £2.7bn East Coast phase of the UK’s Intercity Express (IEP) programme.
The announcement in the Budget allowing members full freedom over their DC pension pots will have consequences for the pensions industry as a whole and for the wider economy.
With the demand for many industries to cater for cross-border markets, more and more UK employers are requiring their workforce to be mobile nationally and also across Europe.
The amendment has not yet been extended by ministerial decree to all companies falling within the scope of the Syntec agreement.
Hogan Lovells has been shortlisted for 11 Euromoney Legal Media Group Americas Women in Business Law Awards.
DLA Piper has published its first public ‘Communication on Progress’, which outlines the actions it has taken over the past year to integrate 10 principles into the business.
The new Workplace Gender Equality Act 2014 (Cth) is intended to more accurately reflect and promote the issues of men and women in the workplace.
With the new financial year upon us, employers should take note of employment law changes that may affect future workforce costs and liabilities.
Deadlines coming for multinationals’ retirement plans and US taxpayers with foreign financial interests download
In 2010, the US enacted a sweeping change in enforcement of its tax laws on foreign financial interests, the Foreign Account Tax Compliance Act.
President Obama has issued an executive order and a presidential memorandum aimed at ‘closing the persistent pay gap for women and minorities’.
The new ‘salaried member’ rules, which will treat members of an LLP as employees for tax purposes in certain circumstances, came into force on 6 April 2014.
Careful drafting is usually required for restrictive covenants to be enforceable, although Prophet plc v Huggett provides the exception to the rule.
Two high-profile cases have provided further guidance for parties who wish to rely on or challenge contractual ‘liquidated damages’ clauses.
April showers changes on employers download
The 6 April is a day for change for employers because it is one of the government’s two annual ‘common commencement dates’.
Wragge & Co’s projects team has advised facilities management provider Lovell on a new £32.8m facilities management contract.
Mesothelioma Bill hasn’t done enough download
Much has been written and said about the rights and wrongs of the new Mesothelioma Bill, passed by the government earlier this year.
Shoosmiths has advised the sellers on the £40m sale of digital marketing agency Realise to St Ives.
The range and depth of capabilities of Minter Ellison’s team across Australia has been recognised by the 2014–15 list of Best Lawyers.
Law à la Mode — April 2014: fashion flair transforms wearable technologies; delivering IT services in the retail sector; and more download
DLA Piper has released the April 2014 issue of its Law à la Mode publication.
Employment News — 14 April 2014: the final straw — employer entitled to take strict view in light of previous warnings download
Before his dismissal, the claimant in Disotto Food Ltd v Carlos Santos for misconduct he had been given three warnings about his conduct.
In 2008, the regime for preventing illegal working in the UK was changed by the introduction of civil penalties under the Immigration, Asylum and Nationality Act 2006.
Employment News — 14 April 2014: parental control: employees were TUPE transferred after share purchase by subsidiary download
Jackson Lloyd employed 400 people working at various sites on social-housing maintenance. When JL got into financial difficulties, its shares were bought by a subsidiary of Mears Group.
Travel expenses and agency workers download
Employment agency Reed has lost its appeal against a tax assessment for £158m in respect of its expenses scheme for ‘employed temps’.
Ontario has announced several blitzes during which it will ensure that employers are compliant with particular areas of concern under ESA.
For employers wondering whether their policies are in compliance, we have prepared this brief outline of the law’s key requirements.
From next year, you could face tax penalties under the rules of the ACA if you fail to offer healthcare coverage to your full-time employees and their dependents.
Good faith: an employer’s duty download
The IBM case is an important step in establishing the extent of the obligations employers owe their employees and former employees in relation to pension provision.
Weekly Newsletter Italy: 31 March to 6 April 2014 — Jobs Act; more controls of project workers; and more download
Eversheds has released its Italy newsletter, which contains information on HR consultancy, litigation and dispute management and financial services and markets regulation.
For many businesses around the world, franchising is the most efficient, profitable path to growth. Whether you are a start-up company or a mature establishment, Dentons understands the franchise industry and its diverse legal needs.
Dentons’ global employment and labour group includes more than 200 lawyers, spread across our offices, who regularly represent management in connection with employment and benefits-related litigation, corporate and governmental investigations, executive compensation and counselling projects.
The EAT has confirmed the wide discretion employment tribunals have to determine whether an activity was fundamentally the same after a TUPE transfer as it was before.
Was a consistent practice of paying enhanced redundancy payments capable of being implied into individual contracts of employment?
Upcoming changes to employment law download
In recent weeks, the government has announced a number of key changes to employment law that will be coming into force in the next few months.
In July 2013, the government introduced a new regime of ‘protected conversations’, preventing certain discussions from being admissible in tribunal proceedings.
Stefan Kuehteubl will join Schoenherr as a partner and the head of the firm’s employment practice as of July 2014.
NCTM has been reorganising the leadership positions for its departments, resulting in new co-ordinators for its 12 departments, with Vittorio Noseda as the overall leader.
Eversheds parter Simon Rice-Birchall has commented in anticipation of the government’s findings from its call for evidence regarding current whistleblowing laws.
Penningtons Manches aims to provide pensions advice across a range of issues in a straightforward and easily understandable manner.
The Penningtons Manches immigration team is widely regarded as a collaborative, friendly team that delivers innovative solutions and guidance to its clients.
Approachable and commercially aware, our specialists have in-depth experience of the issues faced by businesses when managing their staff.
Our corporate tax team provides full transactional support and standalone tax advice to a wide variety of business clients, based both in the UK and overseas.
We provide clear, pragmatic and practical advice to businesses large and small from around the globe on the corporate transactions and the legal issues they face.
The EAT has now listed the cases of Bear Scotland Ltd v Fulton and Neal v Freightliner Ltd to be heard on 30 and 31 July 2014.
This is an introduction to the dissertation of Marnix Holtzer. His dissertation appeared in February 2014 and was published by Kluwer.
Muddy employee incentive issues in a disappointing exit: nine practical tips for public company acquirers download
In mediocre pay-outs, transaction proceeds are unlikely to give a substantial return to common stockholders, yet may be sufficient to return the initial investment to preferred stockholders.
Eversheds has announced new senior office partner roles for the firm’s London, Newcastle, Nottingham and Cardiff offices. The changes will take effect as of 1 May 2014.
Montenegro has recently obtained a new general collective agreement (GCA), after almost 18 months of a hiatus. The GCA came into force on 30 March 2014.
Allowing independent providers into the NHS Pension Scheme — tackling recruitment issues and facilitating the movement of staff download
From 1 April 2014, an independent provider who meets the relevant eligibility criteria will be able to apply to become an employing authority in the NHS Pension Scheme.
DC deliberations on the Budget download
The implications for pensions are likely to be significant, with consequences for DC schemes and, indirectly, for DB schemes.
6 April 2014 saw a wide range of new employment law changes that have a big impact on both employers and employees.
‘Keep your income and expenses in the same currency’ — everyone knows this golden rule, even if they are not always able to stick to it.
Mills & Reeve has released the April 2014 edition of its Health Legal Update, which includes information on NHS commercial, employment and patient matters.
In IRS Notice 2014-19 and accompanying FAQs, the IRS issued long-awaited guidance addressing the treatment of same-sex spouses under qualified retirement plans.
Penningtons Manches’ multi-disciplinary team advises on the full spectrum of restructuring, insolvency, bankruptcy and recovery.
Partner — Guernsey
Partner — Guernsey
The last few months have seen many announcements in relation to changes expected in the employment law arena.
Pensions. Retirement plans. Employee benefits and executive compensation. If you’re searching for a firm with a deep knowledge and understanding of these areas, look no further. Dentons’ lawyers are leaders in their fields.
A recent Ontario Labour Relations Board decision illustrates the importance of timely filing of appeals of Ministry of Labour inspectors’ orders.
Here is a summary of the discussion points following a seminar on managing the end of an employment relationship and using post-termination restrictive covenants.
This month’s Pensions Matter provides an overview of key pension cases and their practical implications.
This issue of Employment News focuses on the latest batch of employment reforms, including ACAS early claim conciliation and statutory discrimination questionnaires.
Employment News — 7 April 2014: High Court to the rescue. Restrictive covenant is re-written to make it work download
The applicant employer in Prophet plc v Huggett sold specialist computer software for use in the fresh-produce industry.
DLA Piper has appointed Brett Feltham as a partner in the firm’s employment group. He commences in the firm’s Sydney office on 7 April 2014.
HMRC is introducing new registration and self-certification requirements for both new and existing share plans effective from 6 April 2014.
With the nuclear reactor development at Hinkley Point in Somerset forecast to cost around £20bn, there’s a superb opportunity for growth in the UK manufacturing sector.
According to a KPMG survey, 91 per cent of leading business students expect to work in at least three to four countries during their careers.
Partner — Jersey
HMRC has published its first in a series of Countdown Bulletins to assist employees, trustees and their advisers.
Selecting someone for redundancy still needs to be clearly shown to be an objective and fair process.
The Italian court has ruled that apprenticeship contracts will be considered independent from the Fornero Labour Reform regulations governing Italian employment relationships.
Geoffrey Mead, partner at Eversheds, has commented on the raft of changes ahead for the UK tribunal system.
Eversheds has won the Inclusive Culture Award at the Opportunity Now Excellence in Practice Awards 2014.
Addleshaw Goddard has advised investment management services provider Rathbone Brothers on three transactions.
Addleshaw Goddard has been named in The Times’ Top 50 Employers for Women 2014, which lists the organisations that are leading on workplace gender equality.
Hogan Lovells has provided legal support in the creation of Youth Business Spain (YBS).
Heisse Kursawe Eversheds, the German global arm of Eversheds, has announced the opening of a third German office in Berlin.
This briefing provides an explanation of how the new flexible working regime will work, along with some advice for employers on how to minimise the risks of litigation.
Employment Matters Update — April 2014: abolition of discrimination questionnaires; mandatory ACAS conciliation; and more download
Discrimination questionnaires are being abolished. But don’t celebrate too soon…
The partners in Allen & Overy’s global employment and benefits practice have elected Hans-Peter Löw as their head.
Eversheds has commented on the Opportunity Now Project 28-40 Report, saying that agility is the key to retaining women in business.
On 6 April, a long-standing feature of the law prohibiting discrimination at work will change, when discrimination questionnaires are ‘abolished’.
Changes to statutory payments download
The government has decided that the annual uprating of a week’s pay and the maximum compensatory award for unfair dismissal should be moved to April.
At IBB Solicitors, our specialist team will help you to resolve your disputes quickly and easily — often without the need for court intervention.
At IBB Solicitors, we take a proactive approach to workplace problems, helping employers find the best possible outcome for their employment issues.
We work with our clients to help them solve problems and ensure they comply with the law and charity best practice.
Our corporate law department has been operating successfully within the GRATA structure for a long time. One of the focuses of the department is labour law.
Valuations by the government are expected to show that current employer contributions rates do not ensure that the costs of public sector pension schemes will be met in the future.
Appleby has appointed Caren Pegg, Keith Robinson, Andrew Jowett, Clive Langley, Camilla Neal, Steven Rees Davies, Juan Thornley and Anthony Williams.
Up Close and Personnel — March 2014: admissibility of covert recordings made at disciplinary and grievance hearings download
The EAT upheld the decision that covert recordings made by an employee of private conversations of the panels at her grievance and disciplinary hearings were admissible in evidence.
Up Close and Personnel — March 2014: dismissal for absence due to post-natal depression was not discriminatory download
In Lyons v DWP Jobcentre Plus, the EAT upheld the decision of the Employment Tribunal.
Up Close and Personnel — March 2014: does the Equality Act 2010 cover post-employment victimisation? download
In Jessemey v Rowstock Ltd, the Court of Appeal overturned the EAT and held that post-employment victimisation is prohibited by the Equality Act 2010.
The next year will see a series of significant changes to employment law. This article outlines the major changes and the dates when they will come into effect.
The Ministry of Justice has published Employment Tribunal statistics for the period October to December 2013.
Up Close and Personnel — March 2014: EAT allows an employee who successfully appeals to recover his fees from the employer download
In Portnykh v Nomura International Ltd, the appellant employee asked the EAT to order the respondent employer to repay his fees.
The government has accepted the recommendations from the Low Pay Commission in relation to the new national minimum wage rates.
The Statutory Sick Pay Percentage Threshold (Revocations, Transitional and Saving Provisions) Order 2014 has been laid before Parliament.
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 has amended the Rehabilitation of Offenders Act 1974 with effect from 10 March 2014.
Irwin Mitchell London employment head John Hayes has quit to join Wragge & Co, just days chief executive John Pickering announced his retirement from the firm.
Our pre-eminent litigation practice in the Cayman Islands, Guernsey and Jersey advises clients on the full spectrum of contentious, semi-contentious and advisory work.
Whatever stage of the employment relationship in which you require advice, our employment, pensions and incentive team can assist you.
Whether you’re planning an acquisition or a sale, entering into a joint venture or considering a corporate restructure our M&A lawyers can help.
DLA Piper has launched its global Leadership Alliance for Women (LAW) programme in Australia this month.
Allen & Overy has won the International Law Firm of the Year award at the second annual Law Firm of the Year competition in Slovakia.
Strategic HR at the Isle of Wight Council has selected Iken Case Management and Time Recording to support the work of their HR business partner and health, safety and welfare teams.
A revised code of practice will replace the existing 2007 code of practice concerning disciplinary and grievance procedures in Jersey.
The aim of this Starting Point Guide is to raise management awareness of the issues surrounding disciplinary issues.
Part of the cross-government Health, Work and Wellbeing initiative, the ‘Health and Work Service’ will provide occupational health advice and support for employers and employees.
The EAT has confirmed that where an employer consistently makes enhanced redundancy payments, such action could give rise to an implied contractual entitlement.
Talking HR telly — smooth as Silk download
The recent TV series Silk portrayed a situation where the senior clerk was accused of sexual harassment against a pupil for similar actions.
New ACAS early conciliation scheme download
From 6 April 2014, a new system of pre-claim conciliation will be in place for all employment tribunal claims.
What is the starting point for calculating protective awards under TULRCA 1992 and TUPE 2006? download
On 1 October 2011, the Agency Workers Regulations 2010 came into force and amended both TULRCA 1992 and TUPE 2006.
Flexible working: now you see me... download
Flexible working for the masses comes into force on 30 June 2014. Anyone with 26 weeks’ continuous service will be able to apply to work flexibly.
Zero-hour contracts have been the subject of much controversy recently.
Corporate governance round-up — April 2014: women on boards; PIRC UK shareholder voting guidelines; and more download
Hogan Lovells has published its corporate governance round-up for April 2014.
Women on Boards — new HR report download
The UK government supports the European Commission’s decision not to impose mandatory quotas; it favours a self-regulatory national level approach.
Changes to the TUPE regulations will come into effect from 31 January 2014. Erica Humphrey, solicitor in the employment team at IBB Solicitors, summarises the main amendments.
Jo Hilliard, managing associate at Addleshaw Goddard, looks at the changes affecting claimants, employers and lawyers.
Employers will need to take steps to prepare for the extension of the right to request flexible working arrangements on 30 June.
The secondary legislation that sets out the detail on how workplace pension reform works has been subject to two phases of amendment.
Yes, held the Employment Appeal Tribunal in The Commissioner of Police of the Metropolis v Keohane.
The Ministry of Justice has published its quarterly tribunal statistics for October to December 2013.
Employers and the courts are increasingly having to wrestle with covert recordings made by employees and when they should be admitted as evidence.
The government’s proposed changes to the tax treatment of certain members of limited liability partnerships will be implemented next month.
US president Barack Obama has issued an executive order to raise the minimum wage for federal contractors and subcontractors under certain contracts.
The Department of Health has published its own guidance setting out how New Fair Deal will operate in the NHS Pension Scheme.
Hogan Lovells has announced that Allen Pegg has re-joined the firm’s Miami office as counsel in its litigation practice.
Pension law changes from 6 April: new disclosure regulations, auto-enrolment, TUPE transfers and tax limits download
The Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013 come into force on 6 April 2014.
The claimant in Kuehne and Nagel Ltd v Cosgrove was asked for her consent to be tested for cannabis use following what she was told was an anonymous tip-off.
The key recommendation from the 2011 Davies Review was a target for FTSE100 companies of a minimum of 25 per cent female representation on boards by 2015.
Spot the difference — TUPE applied even though activities carried out in different way post transfer download
The contract that was the subject of Qlog Ltd v O’Brien related to the transportation of cardboard packaging goods on behalf of a client.
DLA Piper, in conjunction with its client GE and IMMMA Advocates, has begun a teaching course at the Law School of Tanzania for the fifth consecutive year.
In Portnykh v Nomura International plc (UKEAT/0448/13), the EAT considered the admissibility of correspondence marked as ‘without prejudice’.
Tribunals are able to consider the reasonableness of final written warnings in dismissal cases download
The Court of Appeal has confirmed that an employment tribunal is able to consider the reasonableness of a final written warning when assessing the fairness of a dismissal.
This is a useful case for small employers who often rely on the advice of HR consultants.
The Court of Appeal has now ruled that post-employment victimisation is indeed covered by the Equality Act.
A raft of new legislation comes into force on 6 April, which is now only a matter of days away. Walker Morris looks at what employers ‘need to know’ in advance of this date.
Walker Morris will hold the first of its new programme of employment breakfast seminars in Leeds on 7 April 2014.
Each April brings change for pension schemes, and although this year may prove to be not quite as exciting as next year there is still plenty to be thinking about.
Pensions rights on TUPE transfers download
Where an employer takes on employees under a TUPE transfer who were members of an occupational pension scheme, a minimum level of pension must be provided going forward.
Walker Morris has released the March 2014 issue of its Case law round-up.
Walker Morris has released the March 2014 issue of its Employment News publication.
The EAT has held that the removal of a police dog from its pregnant handler during her maternity leave constituted direct discrimination.
The Court of Appeal has confirmed the principle that an employer will not always be vicariously liable for the actions of its employees.
An employer’s initial refusal to make a reasonable adjustment did not start the time limit running for bringing a disability discrimination claim.
Proposed changes to the nature of the tribunal process come into effect during March and April 2014.
Do employers have to abide by the decisions of an independent panel during a disciplinary process? download
The EAT held that an employee had been fairly dismissed, despite the fact that the employer failed to implement the decision of an independent appeal panel.
Employment newsletter: March 2014 — new general collective bargaining agreement signed in Montenegro download
A new Collective Bargaining Agreement (GCBA) has been signed in Montenegro. The GCBA introduces a broader scope of existing labour rights.
The government has published a consultation to consider whether zero-hour contracts are being abused and what action can be taken to tighten up their use.
Carey Olsen has achieved the Best Companies’ One Star Status in its 2014 annual engagement survey.
Eversheds believes the proposed new Institutions for Occupational Retirement Provision (IORP) Directive is far too detailed and prescriptive.
The OFCCP has issued expansive new regulations requiring government contractors to undertake greater efforts to employ veterans and individuals with disabilities.
There is a newly published white paper on a proposed law to protect against sex discrimination.
On 6 April 2014, a new Acas conciliation scheme will come into operation in an attempt to further reduce the number of claims reaching the Employment Tribunal.
The Jobs Act: scene 2014 — take 34 download
The aim of this new reform is to stimulate job creation in Italy, which in January 2014 recorded a youth unemployment rate of 42.4 per cent.
Eversheds has commented on the publication of the Lord Davies report into the role of women in UK boadrooms.
Danny Blum, partner and employee incentives expert at Eversheds, has commented on the potential for UK rules on executive pay to be toughened.
The DfE is making a grant available for small groups of schools, mainly primaries, to collaborate to employ a school business manager in a leadership role.
Taylor Wessing’s private equity group has advised Electra Partners on the acquisition of audio mixing console manufacturer Calrec from D&M Holdings.
Paul Reeves, employment partner at Stephenson Harwood, has commented on how covert recordings in disciplinary and grievance proceedings can be used in subsequent litigation.
Once considered a problem too complex and expensive to solve, information governance is experiencing a rebirth.
Employment Post — spring 2014: towards a fully flexible workplace; support grows for whistleblowers; and more
Mills & Reeve has released the spring 2014 issue of its Employment Post.
Head of the employment and data protection practices
This report rounds up upcoming employment law reforms and brings together links to more detailed reports, guidance and the relevant legislation.
A Shanghai-based Dacheng team led by attorney Tan Jiacai has advised Hefei Taihe Optoelectronic Technology on legal risk prevention and control.
The Patient Protection and Affordable Care Act imposes significant new reporting requirements on employers providing self-insured group health coverage to their employees.
Be careful what you wish for — TUPE applied despite client wanting outsourcing to be short term download
A number of carers were employed by Allied to look after a vulnerable adult.
Fraser Sparks, pensions partner at Stephenson Harwood, has commented on DC occupational pension schemes and decumulation.
Surrogacy: European Court decides that only the mother giving birth can take maternity leave download
The two women who brought claims in the European Court both used surrogate mothers in order to have a child.
On 20 March 2014, New York City mayor Bill de Blasio signed into law amendments to the Earned Sick Time Act (ESTA).
Workplace bullying: past behaviour relevant in Fair Work Commission’s new jurisdiction — update download
The Fair Work Commission’s anti-bullying powers came into force on 1 January 2014. The new rules can apply to bullying that occured before that date.
The case of Heron v Sefton Metropolitan Borough Council considered whether there was any defence to an age discrimination claim regarding an enhanced redundancy scheme.
A worker’s right to be accompanied download
Workers have a right to be accompanied at a disciplinary or grievance hearing where their request to be accompanied is reasonable.
During the investigation, the employee in this case admitted to breaching patient confidentiality by having patient documents clearly visible in a public environment.
In Z v A, it was decided that the dismissal of a school caretaker based on police information about an unproven allegation of historic child sex abuse was unfair.
Changes to pension protection on a TUPE transfer take effect from 6 April 2014.
Employers: bound to conciliate download
Employers are set to be affected by a significant change to the process for starting a tribunal claim in the form of mandatory pre-claim conciliation through ACAS.
On 6 April, a long-standing feature of the law prohibiting discrimination at work will change, when discrimination questionnaires are ‘abolished’.
The Serbian political scene has seen a good deal of turbulence these past months due to all the events preceding the elections.
The ICO has reissued a code of practice on subject access requests. The code was originally published last year but has been updated and re-issued.
Budget Summary: spring edition 2014 download
Winckworth Sherwood has released the 2014 spring edition of its Budget Summary.
Changes to statutory payments download
The government has decided that the annual uprating of a week’s pay and the maximum compensatory award for unfair dismissal, should be moved to April.
The headline policy from this week’s Budget is that individuals will, from April 2015, have full flexibility in what they do with their DC pension pots.
The US Foreign Account Tax Compliance Act (FATCA) creates a new tax information reporting and withholding regime for payments made to certain Foreign Financial Institutions (FFIs) and other ‘foreign’ persons.
Budget update 2014 download
George Osborne has delivered his fifth Budget speech to the House of Commons, but despite speaking for nearly an hour the result was somewhat underwhelming.
When should we DBS check? download
John Turner, lead regulatory lawyer at Anthony Collins, considers the guidance for criminal records checks with the Disclosure and Barring Service (DBS).
Those following the recent developments relating to the national minimum wage could not be blamed if they thought to themselves this month — ‘bad news comes in threes’.
A report from Eversheds, 21st Century Law Firm: Inheriting a New World, surveyed 1,800 young lawyers aged between 23 and 40 around the world.
Barbara Allen, head of employee incentives, and Kiersten Lucas, senior employment associate, both from Stephenson Harwood, comment on clawback.
Faye Jarvis of Hogan Lovells has commented on the ‘radical’ changes to the way in which members of DC pension schemes can access their benefits in the future.
The biggest surprises in the chancellor’s budget statement on 19 March 2014 related to pensions.
Budget 2014 download
Following the 2014 Budget, Taylor Wessing has set out a summary of some of the main announcements.
Budget summary 2014: tax highlights download
The chancellor has delivered the Budget for 2014. This briefing provides a summary of the main tax points of interest.
Whistleblowing charity Public Concern at Work has intervened in the Clyde & Co v Bates van Winkelhof appeal, which kicks off in the Supreme Court on Monday.
Fraud in the workplace download
Employers have always been reluctant to pursue a civil claim against former employees for losses incurred as a result of their negligence or misconduct.
Mills & Reeve has released the March 2014 edition of its Health Legal Update, which includes information on NHS commercial, employment and patient matters.
Budget announcement — 19 March 2014: income tax and NICs, capital gains tax, employee incentives and pensions download
Employees are likely to welcome the changes to the way in which they can access their pension savings in a defined-contribution scheme.
The Children and Families Act 2014 has received Royal Assent and will introduce several employment law changes for working parents.
National minimum wage update download
Employers would be well advised to review their pay rates to ensure all applicable workers are receiving at least the national minimum wage.
Research has revealed that women are failing to get to boardroom positions due to lack of recognition, rather than because of taking time off to have children.
Eversheds partner Naeema Choudry has commented on the EU’s stance that EU law does not require that a mother who has had a baby through a surrogacy arrangement should be entitled to maternity leave or its equivalent.
DLA Piper’s Leadership Alliance for Women —a network dedicated to retaining and developing its women into leaders — is expanding across the firm’s international offices.
Women who have children by surrogate mothers not entitled to maternity leave under European law download
The ECJ has confirmed that a woman who has a child by a surrogate mother is not entitled to the benefit of EU pregnancy and maternity rights.
Recent decisions have highlighted a couple of key themes that employers would be well advised to consider when dealing with their disabled employees.
The latest 2014 figures suggest that workers in the UK take in excess of 130 million days’ sickness absence per year.
On an asset transfer, employees automatically transfer with their business under the TUPE regulations, which require the new employer to provide certain levels of pension benefits.
The Court of Appeal has found a director personally liable for the legal costs of an action brought against his company.
Mills & Reeve has appointed Richard Santy, the former head of employment at Shoosmiths in Birmingham, as a partner.
The intersection of provisions of labour, criminal, company and commercial law, although hard to imagine due to the diversity of these fields, does exist.
March 2014 saw the publication of the latest Employment Tribunal statistics from the Ministry of Justice, for the period October to December 2013.
This article explains how to handle issues of trade and business secret protection from an employment law perspective in Germany.
An employee share option plan reserves and allocates a percentage of the shares of the company for share option grants to current and future employees.
Hogan Lovells will be hosting a breakfast seminar on the introduction of shared parental leave and pay — the most significant change to employment law in recent years.
The claimant in Lyons v DWP Jobcentre Plus argued that her dismissal was either direct pregnancy discrimination or direct sex discrimination.
The claimant in Punjab National Bank v Gosain secretly recorded the conversations of members of the panels at grievance and disciplinary hearings she had attended.
Disability and reasonable adjustments: is EAT wrong to say no cut-off time limit for making a claim? download
An EAT decision has muddied the water and requires employers to review their approach to the duty to make adjustments.
A seismic overhaul of employment disputes resolution should be good for clients and lawyers
Withers has been recognised as a leading law firm in the recently published edition of Chambers Global.
This article considers the recent Employment Appeal Tribunal decision in Secretary of State for Work & Pensions (Jobcentre Plus) v Jamil & Ors.
The Employment Rights Act 1996 makes it unlawful for an employer to subject a worker to a detriment on the ground that he or she has made a ‘qualifying’ and ‘protected’ disclosure.
Paul Reeves, an employment partner, has discussed whether an employee can stop a disciplinary process and make the employer start again.
Wierzbowski Eversheds has made two new appointments: Pawel Lasota, who has joined the labour law team; and Radoslaw Forynski, who has joined the litigation team.
Eversheds partner Geoffrey Mead has commented on the the publication of latest statistics from the Employment Tribunal Service, for the period October to December 2013.
DLA Piper has released the winter 2014 issue of SHE Matters, a newsletter dedicated to safety, health and the environment.
Romania: new perspective on dawn raids and leniency following criminal legislation amendments download
The entry into force in Romania on 1 February 2014 of the new criminal codes implementing laws brought important changes to certain non-criminal laws.
The government has published three sets of draft regulations concerning the new shared parental leave scheme and how it will operate.
While the new TUPE regulations are not as far reaching as originally anticipated, there are some important changes that give employers more flexibility.
Our employment practice spans from everyday support to employers in drafting employment agreements and internal employment-related enactments.
The Central London Employment Tribunal has upheld a former ABN Amro lawyer’s unfair dismissal claim against the bank but thrown out her 41 allegations of racial discrimination.
Tribunals will have the power to order that an employer who is unsuccessful at tribunal pay a financial penalty on top of any compensation due to the successful claimant.
Retired senior partner and immediate past chair of Pillsbury Mary Cranston will receive the inaugural Hortense Ward Courageous Leader Award by the Center for Women in Law.
Barrister Sarah Pritchard has secured the dismissal in the Court of Appeal of the claimant’s appeal against the judgment of HHJ Armitage QC in this employer’s liability case.
Karanovic & Nikolic hosted more than 50 participants at the annual Corporate Counsel Forum, which was held in Belgrade on 7 March 2014.
The UK government supports the European Commission’s decision not to impose mandatory quotas; it favours a self-regulatory national level approach.
Equality between men and women was firmly addressed in Spain by a 2007 act on the effective equality between men and women.
The percentage of women on company boards in the Netherlands has increased. However, women are still under-represented in company boards.
Equal opportunities between men and women is a hot topic. Italy is trying to make a step forward, starting in the boardroom.
The proportion of women on supervisory boards of the 160 companies listed in the German stock exchange currently amounts to only 17.4 per cent.
France has adopted a law compelling French companies to aim for a balanced representation of men and women on boards.
The European Parliament has voted to adopt the European Commission’s proposed directive to increase the number of women on the boards of listed companies.
Eversheds partner Geoffrey Mead has commented on the publication on 13 March of the latest statistics from the Employment Tribunal Services.
Eversheds has advised Personal Group, a provider of employee benefits packages, on its acquisition of Let’s Connect IT Solutions for a total consideration of up to £12m.
Employers have a much greater opportunity to collect and retain vast amounts of information. This information is useful to have on file — but what are the risks?
Jack Feeny from No5 Chambers has represented Angela Cobbina, former head of legal at the London branch of ABN AMRO, who brought claims for discrimination and unfair dismissal.
Collyer Bristow is hosting an interactive seminar, based on a real-life case study, on how best to deal with threats to your business from former employees.
With the World Cup only three months away, employers need to consider the impact that a four-week international football event may have on the workplace.
Trade unions are increasingly using a relatively unknown TULRCA provision in negotiations with employers over changes to collectively agreed terms and conditions.
Shoosmiths has advised the sellers on the £40m sale of digital marketing agency Realise to St Ives, a UK provider of marketing solutions and publishing services.
The Marriage (Same Sex Couples) Act 2013 comes into force on 13 March 2014, with the first same-sex weddings taking place on 29 March 2014.
Paul Reeves, an employment partner at Stephenson Harwood, has commented on the highly anticipated extension of the right to request flexible working.
Winckworth Sherwood has created a dedicated tax team following the appointment of tax partner Simon Newsham.
Allen & Overy has updated its Access Assist iPad app: a free Q&A tool supported by targeted summaries of applicable law, legislation, case law and guidance.
Walker Morris has advised Welcome Financial Services on the sale of Shopacheck Financial Services to Rcapital, a London-based private investment company.
There have been some high-profile cases involving the use of CCTV in Germany in recent years.
A survey conducted by Gateley has revealed that 60 per cent of people do not fully understand how the points-based immigration system works.
The claimant in Jobcentre Plus v Jamil worked in a job centre some 80 minutes’ travel time from home.
The Enterprise and Regulatory Reform Act 2013 makes significant changes to the criminal cartel offence, coming into force on 1 April 2014.
CCTV in the workplace ― France download
CCTV cameras can be installed in the French workplace for safety reasons and to prevent and investigate crime, theft or misconduct.
BIS has announced that the extension of the right to request flexible working to all employees with 26 weeks’ service will be ‘available’ from 30 June this year.
Woman’s best friend — removal of police dog from pregnant handler was direct discrimination download
PC Keohane’s status as a dual narcotics dog handler was important in that it enhanced her career prospects and gave her an opportunity to earn overtime.
Ashurst’s London pensions head Steven Hull has become the latest partner departure from the firm as he joins Eversheds’ City office.
Ilyashev partner Maksym Kopeychykov will present a report at the II Annual Judicial Forum, which will be dedicated to Legal Practice Day.
Hogan Lovells has been shortlisted in the Transparency Award category at the Opportunity Now Excellence in Practice Awards 2014.
Hogan Lovells’ ‘Breaking Barriers’ diversity initiative has hosted a series of events across offices in Asia and the Middle East to celebrate International Women’s Day.
Shoosmiths has hired Kenny Scott, who has expertise and specific experience of advising clients in a number of sectors.
Services in labour law constitute one of the key practice areas at Ilyashev & Partners.
Our employment team advises on all aspects of employment law, from the beginning through to the end of the employment relationship, for both contentious and non-contentious matters.
Dentons has unveiled a mass restructure for its UKMEA LLP following its 2013 tripartite merger, bringing its list of practice and sector groups under five new divisional heads.
The theme of this year’s International Women’s Day is ‘Inspiring Change’ — this is no more needed than in Italy, according to Lexellent.
Attorneys in Dacheng’s Changsha office have been elected to posts at the eighth Hunan Lawyers’ Congress and the fourth Changsha Lawyers’ Congress.
A new system of shared parental leave will supplement the current maternity, adoption and paternity leave schemes with effect from April 2015.
These tips will help those individuals who are new to the world of business immigration, as well as seasoned experts, as they highlight a few common issues.
Case law round-up — Pensions Matter, March 2014... an overview of key pension cases and their practical implications
In McCoy, it was held to be reasonable for the trustees of a SIPP to require the beneficiary of a lump-sum death benefit to complete a form of discharge prior to paying out the discretionary benefit.
Steve Webb has confirmed that the government is ‘actively exploring’ if it can amend the Pension Protection Fund (PPF) legislation in regard to employer insolvency.
The potential for employers to be exposed to disability discrimination claims arising from a failure to make reasonable adjustments for their disabled employees has been increased.
The DWP has published a report that highlights the areas it believes have a strong case for an exemption from auto-enrolment duties for certain employees.
The government has now confirmed that ‘protected persons’ will not be prejudiced by the statutory override contained in the Pensions Bill.
From 6 April 2014, LLP members will be taxed as employed if less than 20 per cent of their remuneration is linked to the overall profitability of the LLP.
Eversheds partner Audrey Williams has commented on the announcement of recommendations from Charlotte Sweeney to increase the number of women on British boards.
The BBC is to hire three legal services apprentices to join its in-house legal team in London, making it the latest organisation to throw its weight behind legal apprenticeships.
Riaz Karamali, a partner in Pillsbury’s Silicon Valley and San Francisco offices who represents emerging growth companies, answers some common questions innovators face.
The recent unseasonal weather has put into question organisations’ accident and incident investigation procedures and their ability to proactively assess incidents.
R v Bodycote HIP UK contains an important warning to UK organisations in relation to the impact of health and safety prosecutions against their branches abroad.
The FFI regime has imposed a duty on the HSE to recover costs for carrying out its regulatory functions against those found to be in material breach of the health and safety laws.
Review of HSE Temple Report download
The new edition of the Temple Report was published in January 2014 and contains helpful and interesting analysis of the functions and effectiveness of the HSE.
This report includes an analysis of the results of Eversheds survey on the Employment Tribunal process, which is based on 180 responses.
In the case of serious irregularities in an employer’s disciplinary proceedings against an employee, the employee may be able to seek an injunction preventing the employer from dismissing them.
Keeping track of the latest European developments, as well as domestic trends and changes, can be difficult — all the more so for multinational businesses.
For most HR practitioners and in-house counsel, keeping abreast of domestic legal developments can be challenging. For those with a multi-national remit, the task is huge.
The Court of Appeal has upheld the EAT’s decision that while the harmonisation of terms post TUPE transfer can be for an ETO reason, it does not entail ‘changes to the workforce’.
EAT decision on when communications may qualify as a disclosure for whistleblowing purposes download
The Employment Appeal Tribunal has recently clarified two important issues in relation to whistleblowing.
Five years on from the financial crisis and employees continue to face an uncertain future. The relentless downsizing and cost cutting continues unabated.
Unambiguous impropriety, without prejudice and dispute identification: EAT decision upholds sanctity of negotiation confidentiality download
The judgment in this case provides an excellent overview of the use of without prejudice correspondence and the limitations of the definition ‘unambiguous impropriety’.
On 6 April 2014, the limits on certain Employment Tribunal awards and other amounts payable under employment legislation will increase.
The High Court has dismissed the challenge to the recently imposed fees regime in the Employment Tribunal system, brought by the trade union UNISON.
Court of Appeal decides that the collective redundancy provisions in TULRCA covered the closure of a US military base in UK download
The obligation to consult about collective redundancies under section 188 of TULRCA may apply even where they come about due to the strategic decisions of foreign governments.
TUPE: amendment regulations implemented on 31 January 2014 and new BIS TUPE guidance published download
The TUPE Regulations 2014 came into force in January and made a number of changes to the existing legislative framework on transfers of undertakings and collective redundancies.
The Whistleblowing Commission was launched by Public Concern at Work to investigate how UK whistleblowing laws work and how they might be improved.
In July 2013, the EAT held that all the employees made redundant from two insolvent retail businesses were entitled to be collectively consulted, regardless of where they worked.
Acas publishes final draft of statutory code of practice for handling flexible working requests download
Acas has published the final draft of the statutory code of practice that will govern the new extended right to request flexible working.
Reforms to TUPE 2006 — a quick guide download
This table details the original position under TUPE 2006, the proposal for reform, the government’s response and the new TUPE 2014 regulations for all areas of TUPE.
A former ABN Amro Group senior lawyer has brought a £300,000 case against the bank after claiming she was racially harassed and hounded out of her job.
To safeguard your organisation’s interests, it is prudent to be clear about your various routes and options, before embarking on termination discussions with an employee.
New dismissal compensation limits download
The new compensation limits for dismissals taking place on or after 6 April 2014 have been published.
Ever since the Equality Act came in, there has been uncertainty as to whether it covers post-employment victimisation.
Up close and personnel: new compensation limits announced and Unison’s challenge of employment tribunal fees dismissed download
Bristows has published its Up close and personnel newsletter for February 2014.
Elizabeth Slattery, a partner in Hogan Lovells’ employment team, has commented on a Court of Appeal ruling confirming that post-termination victimisation is unlawful.
The EAT had to decide two main issues: had the claimant made a ‘disclosure’? Did he suffer detriment as a result of that?
PPF entry and overseas employers download
The case of Olympic Airlines has highlighted the difficulty for a pension scheme with an overseas employer in gaining entry to the Pension Protection Fund (PPF).
The EAT has ruled that the restriction in the Equality Act that provides that survivors’ benefits for civil partners need only be provided in relation to service since 5 December 2005 is lawful.
HMRC has published updated guidance on the new ‘salaried member’ rules, the rules that will treat members of an LLP as employees for tax purposes in certain circumstances.
Khristy Spyrou and Myria Agathocleous have been unanimously voted to be partners of Pamboridis.
This briefing focuses on three of the legal weapons that you may find in your armoury to protect you against attacks from others in the online environment.
Forty per cent of UK companies have experienced a reduction in employment claims since the introduction of tribunal fees, according to an Eversheds report.
Pinsent Masons has unveiled plans to boost gender diversity across the firm by targeting a 30 per cent female partnership, setting an interim goal of 25 per cent within the next four years.
International Law at Work — February 2014: China’s interim provisions on agency workers issued download
China’s Ministry of Human Resources and Social Security has issued the Interim Provisions on Agency Workers.
International Law at Work: intranet announcement creates legally enforceable right to bonus promised for bank employees download
Making a contract with the whole world is not a legal concept that is intuitively recognised.
International Law at Work — February 2014: looking forward... legislative initiatives of the new German government download
This article sets out some of the employment-related enterprises of the Great Coalition as set out in the coalition treaty.
In this briefing, Taylor Wessing focuses on pensions in China, Germany and the UK.
Law at Work — February 2014: reasonableness and extent of restrictive covenants did not apply to actions as a minority shareholder download
In this case, the High Court had to consider whether non-solicitation and non-dealing restrictions for a period of six months after termination of employment were enforceable.
The ‘costs’ of facing an employment tribunal claim: increase in compensation rates, penalties and fees download
From 6 April, the statutory limits on the level of compensation that employment tribunals can award will go up. What does this mean for employers?
California has a reputation for employment litigation: it is the state where everyone seems to feel obliged to sue their boss for something.
Pension schemes providing benefits on a salary-related or DB basis — including ‘final salary’ pension schemes — have been in the news for several years.
Mark Harper resigned after discovering a cleaner he employed for his flat did not have permission to work in the UK. How can employers avoid the same trap?
In the UAE, there are two separate jurisdictions that need to be considered. This update will focus on some recent developments in both jurisdictions.
It has been more than six months since the introduction of the new fee regime into the Employment Tribunal system, which took place on 29 July 2013.
France’s Data Protection Authority has for the first time adopted truly sweeping changes to its Single Authorization No. 004 on Whistleblowing.
Mills & Reeve is supporting the newly established East Anglian division of the Society of Construction Law.
The Lord Rennard ‘saga’ continues to play out in the news.
The Technology and Construction Court recently decided that claims that had been advanced in negligent misstatement and misrepresentation could not be adjudicated.
Ben Williams, a barrister at Kings Chambers, considers how companies can control the misuse of group email systems.
This decision follows the conflicting decisions of the Employment Appeal Tribunal in the cases of Rowstock Ltd v Jessemey and Onu v Akwiwu.
International Law at Work — February 2014: changes to Singapore’s Employment Act from 1 April 2014 download
The Employment Act is Singapore’s main labour law covering certain categories of employees.
Employing ex-offenders is a sensitive issue: some employers are wary of potential risks and reputational damage, while others embrace the idea wholeheartedly.
Regulations setting out the final details of the ACAS early conciliation scheme have now been published, in time for it to take effect as planned from 6 April 2014.
Opinion that employee not disabled under Equality Act does not give employer defence for not making reasonable adjustments download
Employers have a duty to make reasonable adjustments for disabled employees. However, this duty only arises where the employer knows the employee is suffering from a qualifying disability.
Russell Bailey from No5 Chambers has succeeded in an appeal to the Employment Appeal Tribunal in the case of London Central Bus Company Ltd v Manning.
The new TUPE regulations taking effect introduce a number of amendments that could have considerable importance for charitable organisations.
On 10 February 2014, the IRS published long-awaited regulations on the employer shared responsibility provisions under the Patient Protection and Affordable Care Act.
Employment Appeal Tribunal decision confirms no extension of civil partners’ survivor benefits download
The EAT has confirmed that the restriction of a surviving civil partner’s pension to the member’s post-4 December 2005 pensionable service is compatible with EU law.
New LLP tax rules download
HMRC has published updated guidance on the new ‘salaried member’ rules — the rules that will treat members of an LLP as an employee for tax purposes in certain circumstances.
In a recent case, it was argued that a manager’s emails regarding the weather amounted to whistleblowing, giving him protection against dismissal even without two years’ service.
The Brits, Baftas and immigration download
The Brits and Baftas have recently come and gone, but do its international stars need immigration permission to ‘work’ in the UK?
The claimant in The Solicitors Regulation Authority v Mitchell had agreed with her employers that she could work from home two days each week to facilitate childcare arrangements.
A section in last year’s Enterprise and Regulatory Reform Act is coming into force for claims started on or after 6 April.
Should I stay or should I go: dismissal fair despite disregard for appeal panel’s conclusion download
A small fire broke out in a children’s nursery. The claimant was accused of having tried to start the fire and was dismissed for gross misconduct.
There is an increasing focus on defined-contribution investment issues.
Employment News: TUPE revamp download
Proposed changes to the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) came into force on 31 January 2014.
Kemp Little has listed several changes that employers should look out for in 2014.
Alison Downie, head of employment at Goodman Derrick, is set to chair the Law Society’s Survive and Thrive Law Management Roadshow.
The employment team at Goodman Derrick will be hosting a breakfast seminar on the key discrimination law case decisions for employers during 2013–14.
The regulator has published its consultation on a draft revised Code of Practice No. 3 for DB scheme funding, a draft new DB regulatory strategy and a revised DB funding policy.
One of the key issues of a ‘yes’ vote in the Scottish independence referendum will be the impact it has on the provision of pensions across the UK.
Following the Wheels case and the PPG case we now await a further decision on the VAT charges on pension schemes, relating to the case of ATP Pension Service A/S v Skatteministeriet.
Box Clever and Storm Funding decisions show scope of the regulator’s financial support direction powers download
Two recent decisions have demonstrated the latitude that the Pensions Regulator has in pursuing a case for a financial support direction.
A scheme with an identity crisis: Pi Consulting (Trustee Services) v the Pensions Regulator download
This case attracted a lot of media attention in the context of pension liberation.
In Hillcrest Homes v Beresford and Curbishley, the TCC decided that claims that had been advanced in negligent misstatement and misrepresentation could not be adjudicated.
Mr Smyth was an employee of Woolf Engineering and a member of Woolf’s group personal pension plan, which was administered by Scottish Life.
Browne case: Pensions Ombudsman rules on liability for unauthorised payment charges resulting from payment of a death benefit download
An unauthorised payment charge arose because a pension scheme had not made payment of a death benefit within two years of a member’s death.
Thew case: Deputy Pensions Ombudsman rules on the effect of changes to state pension age on scheme rules download
Mrs Thew had two periods of employment with Marks & Spencer during which she was a member of the Marks & Spencer Pension Scheme.
Bradbury case: Ombudsman determines on employer duty issues in the employer’s imposition of a cap on pensionable pay download
The Ombudsman has ruled that the BBC did not breach its implied duty of trust and confidence and/or the implied term of good faith when imposing a cap on pensionable pay.
Last summer, the DWP announced that the new regulations would be delayed until April 2014, with a draft laid before parliament in advance.
The DWP has provided long-awaited confirmation of the approach that will be taken to scheme benefits that are reclassified from money purchase to defined benefit in April 2014.
This article looks at what prompted the Law Commission’s consultation on the fiduciary duties of investment intermediaries, what it is focused on and what might come next.
Pensions Pieces: DWP consultation on the draft Occupational Pension Schemes Regulations 2014 download
The DWP has concluded a consultation on the draft Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2014, which broadly provide for three changes.
The end of 2013 saw a flurry of activity both from the Department for Work & Pensions and the Pensions Regulator in relation to public service pension schemes.
Hogan Lovells has advised Kuwait Petroleum International on the Italian Shell acquisition.
Pensions Pieces: minister announces delay to the imposition of a cap on charges in relation to DC pension schemes download
Pensions minister Steve Webb has confirmed that the introduction of the proposed cap on pension charges will not be introduced before April 2015.
Draft regulations setting out the revised earnings thresholds for auto enrolment for the 2014–15 tax year have been laid before parliament.
Pensions Pieces: Pensions Regulator/ICAEW publish draft framework for master trusts for consultation download
The Pensions Regulator and ICAEW have published a draft reporting framework to help employers better understand the governance and administration arrangements of master trusts.
Pensions Pieces: regulator’s DC compliance and enforcement policy — final version now published download
The Pensions Regulator has issued its final compliance and enforcement policy for occupational defined-contribution trust-based pension schemes.
The provision of the so-called ‘moral hazard’ powers to the Pension Regulator under the Pensions Act 2004 has caused significant concerns.
A recent case highlights the potential ease for employee concerns in multiple emails about health and safety to amount to a protected disclosure under whistleblowing legislation.
Employer seeking to dismiss employees without notice for acts of gross misconduct should be mindful of recent case law in this area.
HMRC has issued a keenly awaited announcement in response to the CJEU’s ruling in PPG Holdings BV (C-26/12).
Karanovic & Nikolic has announced the launch of the BECTELLA (benefits, executive compensation, tax, employment and labour law) alliance.
If an employer becomes insolvent and has a defined-benefit (DB) pension scheme in deficit, the Pension Protection Fund (PPF) will act as a creditor on behalf of the scheme to maximise recovery from the employer.
In the Danish case of ATP Pension Service, the AG has stated his opinion that management services provided to DC pension schemes are VAT exempt.
HMRC amends policy to allow DB employers to recover VAT on certain investment activity costs download
HMRC has published a briefing stating its revised policy on the ability of sponsor employers to recover input VAT incurred in the management of DB pension schemes.
The growing number of age discrimination cases offers a stark reminder to employers to think twice before basing any headcount reduction policies on age.
Minerals Matters — winter 2014 download
This issue contains articles relating to human rights in the mining industry, data protection issues, the ability to remove squatters and the crackdown on bribery and corruption.
The recent downpour has resulted in the flooding of many businesses and employees are struggling to get into work. How can employers deal with these circumstances?
Paul Reeves, employment partner at Stephenson Harwood, has discussed what employers need to know about the Early Conciliation Rules of Procedure.
The EAT has given a judgment ordering an employer to repay to the employee the EAT fees that he incurred in bringing an appeal.
From 6 May 2014, claimants will only be able to lodge a claim with the Employment Tribunal if they have first referred a complaint to ACAS for early conciliation.
Mishcon de Reya has been drafted in by fashion house Alexander McQueen to defend a lost earnings claim by an intern who worked for free but believes she should have been paid minimum wage.
An employer is liable not only for the discriminatory acts of its own employees, but may also be liable as principal for discriminatory acts carried out by its agents.
Clyde & Co and Eversheds will advise Yum! Brands, the company behind Pizza Hut and KFC, for the first time having been appointed as part of a new eight-firm panel in the UK.
This article provides a checklist to assist in both preventing long-term sickness absence and managing such absence in the most efficient manner.
The Supreme Court has handed down its judgment in the long-running case of Woodland v Essex County Council and in the process rewrote the common law.
Eversheds Bitans lawyers will be providing legal advice free of charge in Latvia on 10, 11 and 14 March.
A company’s business activities must ultimately be conducted by individuals — company directors — notwithstanding that a company has a distinct legal personality.
The London office of Baker Botts is launching a new flexible resourcing initiative that will see it hire lawyers, potentially on a full-time self-employed consultancy basis, to fill a range of areas it currently sub-contracts out to UK firms.
Stephenson Harwood has commented on some of the recent key legal and regulatory developments that have occurred in relation to occupational pension schemes.
The Insolvency Service’s most recent quarterly statistics show a 12 per cent rise in construction company compulsory liquidations.
California has replaced the Enterprise Zone Hiring Credit with the New Employment Credit and the California Competes Credit.
Mills & Reeve has published the February edition of its Health Legal Update, which includes information on the NHS, regulatory news, patient matters and legal processes.
On 24 June 2014, Allen & Overy will host a seminar entitled ‘What do we do now: an overview of the law of contract — part two: termination and remedies’.
The Court of Appeal has given clarification on the threshold that an applicant must meet in order to obtain pre-action disclosure.
On 10 December 2013, HMRC published the 2014 Draft Finance Bill. The new rules will come into effect from 6 April 2014.
More than 700 employers have been fined for breaching national minimum wage laws, with £4m being paid out to workers who have missed out in their pay packets.
Canadian firm Fasken Martineau has become the latest to benefit from the collapse of rival Heenan Blaikie, picking up seven employment lawyers and two corporate specialists in Montréal.
With European elections in May, the flow of new regulations from Europe is expected to slow, with the immediate focus being on fine tuning already adopted policy.
UK amends TUPE regulations download
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) has been in the spotlight as part of the UK government’s employment law review.
Action on Smoking and Health estimates that 1.3 million people are currently using e-cigarettes in the UK. What stance should employers take to this growing phenomenon?
King & Spalding has teamed up with 14 independent firms from around the globe, including Ireland’s Arthur Cox and offshore firm Walkers, to form a new alliance focused on employment law and related areas.
The long-awaited reforms to the Transfer of Undertakings (Protection of Employment) Regulations 2006 have come into force.
JPM advises on all aspects of individual employment issues, as well as on collective bargaining agreements, redundancy plans and social and restructuring programmes.
JPM handles the most sensitive and complex cases in all kinds of commercial, competition, labour and corporate disputes.
The High Court has slammed the Legal Ombudsman (LeO) over its decision to order a barrister to reimburse fees to a client, branding the LeO ruling “irrational”.
Taylor Wessing has advised Delfingen Industry on the acquisition of Langendorf Textil and its subsidiary MBG Techbelt Innovation.
Allen & Overy (A&O) has advised Japanese carmaker Mitsubishi Motors on the reorganisation of its distribution activities in Germany.
DLA Piper has announced that James Brogan, Paul Hall, Joseph Kernen and Norman Leon have been recognised in a BTI Consulting Group report.
TUPE reform: what you need to know download
The long-trailed changes to the Transfer of Undertakings (Protection of Employment) Regulations came into force on 31 January, together with updated TUPE guidance.
HRXchange, a networking and training forum focused on employment law and related HR issues, has announced the addition of Leeds to its 10 UK knowledge hubs.
HM Treasury published the long-awaited ‘Fair Deal for staff pensions: staff transfer from central government’ guidance in October 2013.
When the claimant in Vision Events (UK) Ltd v Paterson was made redundant, he asked to be paid for in excess of 1,000 hours of flexitime.
For a dismissal to be fair, the employer must show that the reason for dismissal or, if more than one, the principal reason, is one of the categories of potentially fair reason under the legislation.
The claimants transferred to the employer, after which the college employed some 3,500 staff on 37 different sets of terms and conditions of employment providing offender learning services.
Eversheds has commented on the recent attempt by UNISON to challenge the employment tribunal fees regime for being ‘discriminatory and unlawful’.
In October Collyer, Bristow held a mock employment tribunal hearing based on a real case involving claims of constructive unfair dismissal and disability discrimination.
Barrister Alex Stein from No5 Chambers has prosecuted former foundry owner Laurence Brown from Mansfield for exposing workers to lead poisoning.
A report from Kennedy Consulting Research and Advisory has cited KPMG member firms as ‘vanguard leaders’ in ‘advancing’ in the breadth and depth of HR transformation capabilities.
Addleshaw Goddard has entered into redundancy talks with two associates in its Manchester-based employment team.
ACH Shoosmiths has been appointed to the legal services panel of Dumfries & Galloway Housing Partnership.
Hogan Lovells has advised Héroux-Devtek on the $128m acquisition of APPH and APPH Wichita (together APPH), subsidiaries of BBA Aviation.
Walker Morris has updated its employment legislation tracker for February 2014.
UK business transfers: TUPE changes download
On 31 January 2014, new regulations came into force that amend existing TUPE and collective redundancy legislation.
The government has confirmed that the extension of the right to request flexible working to all employees will now not be available from 6 April.
The claimant in this case was dismissed and relied on three emails as being protected disclosures in a claim of automatic unfair dismissal.
Auto-enrolment deconstructed download
The idea behind automatic pension enrolment is simple — all UK workers should be in a good pension scheme unless they actively choose not to be.
On 5 February 2014, the National Labor Relations Board voted 3–2 to reissue a notice of proposed rulemaking to amend its representation election procedures.
Parties to litigation need to consider the risk that their commercially confidential information may be disclosed, either to the other side or to the general public in the course of the litigation.
This briefing presents the newly revised national minimum wage structure.
Addleshaw Goddard has released the January 2014 edition of its Corporate News publication.
Collyer Bristow has announced an upcoming seminar on post-termination restrictions.
A recent case in the high court illustrates the importance of ensuring that all settlement negotiations are stated to be ‘subject to contract’.
Mills & Reeve offers an at-a-glance summary of key employment rights in the five largest European economies outside the UK.
Tina Ranales-Cotos, a barrister at Kings Chambers, discusses whether e-cigarettes can be banned in the office.
Collyer Bristow has appointed Nathan Donaldson as a partner in its employment team.
Has a veterinary practice — by failing to pay for an employee’s private psychiatric treatment — breached its duty to make reasonable adjustments to enable her to return to work?
The ICO has published updated guidance on how to deal with subject access requests from individuals. This is called the Subject Access Code of Practice.
The changes are intended to improve TUPE’s effectiveness and flexibility and to ensure that TUPE goes no further than the original EC directive.
Mills & Reeve offers an at-a-glance summary of key employment rights in five selected Asian jurisdictions.
Zero-hours contracts have been the subject of considerable political and social debate in recent times.
Mark Mullins of Outer Temple Chambers is representing Christine Nolan in the collective redundancy consultation case of USA v Nolan.
Berwin Leighton Paisner’s (BLP) employment head Fraser Younson has resurfaced at Squire Sanders, The Lawyer can reveal.
Public interest disclosures will continue to make headlines this year.
Will dismissal always fall within the range of reasonable responses where gross misconduct is found?
Employment law 2014 preview: TUPE download
We begin the year with the changes to the Transfer of Undertakings (Protection of Employment) Regulations, which came into force on 31 January.
From 6 April 2014, the majority of prospective claimants will be required to contact Acas before they can lodge proceedings at the employment tribunal.
We begin 2014 with a fresh reference to the CJEU on whether UK law correctly implements the European Collective Redundancies Directive.
Calculating the correct amount of holiday pay owed to a worker can prove to be a tricky task for an employer as it is dependent upon various factors.
Employment law 2014 preview: health download
Does the fact that a person is obese mean they are, or could be, ‘disabled’? The CJEU has been asked by Denmark whether discrimination on the grounds of obesity is contrary to EU law.
All employees who have worked for their employer for 26 weeks or more will have the right to request flexible working, rather than just parents or carers.
Described by the government as failing to increase pre-hearing settlements, the Equality Act 2010 questionnaire procedure relating to discrimination will be abolished from 6 April.
The Fair Work Commission has upheld the dismissal of an employee who refused to acknowledge that he had read and understood his employer’s social media policy.
Western Australia’s workers’ compensation scheme commenced operation in 1981.
The Abbott government is proposing to use its constitutional powers to remove existing arrangements contained in awards, agreements and company policies.
The Administrative Decisions Tribunal has upheld an employee’s claims of indirect racial discrimination because the employer’s selection criteria excluded members of a certain race.
Tier 2 Intra-Company Transfer is a category that allows multinational companies to transfer staff to the UK to work on a long-term basis or for frequent short-term visits.
Acas publishes final draft of statutory code of practice for handling flexible working requests and new non-statutory guidance download
Acas has published the final draft of the statutory code of practice that will govern the right to request flexible working. It is accompanied by a more detailed non-statutory guide.
The TUPE Regulations 2014 came into force on 31 January 2014 and made a number of changes to the existing legislative framework on transfers of undertakings and collective redundancies.
It is not generally appropriate for the courts to intervene to remedy minor irregularities in the course of the disciplinary proceedings between employer and employee.
New Acas guidance published on asking and responding to questions of discrimination in the workplace download
The existing statutory framework under which individuals can ask questions about discrimination in the workplace will be repealed on 6 April 2014.
In July 2013, the EAT controversially held that all the employees made redundant from two insolvent retail businesses were entitled to be collectively consulted.
The court of session has confirmed that fixed-term employees dismissed upon expiry of their contracts were dismissed for a ‘reason relating to them as individuals’.
The Financial Conduct Authority has published a final notice prohibiting inter-dealer broker Anthony Verrie from performing any function relating to any regulated activity.
Eversheds has assisted Poolia in its acquisition by US-based staffing company Staffing 360 Solutions through its subsidiary Staffing 360 Solutions (UK).
An employer was entitled to sack an employee who was allegedly planning to steal company property, rather than waiting for the theft to actually occur.
Bristows has published its Up close and personnel newsletter for January 2014.
Addleshaw Goddard has released the January 2014 edition of its European Employment Law Update. This section focuses on the UK.
Addleshaw Goddard has released the January 2014 edition of its European Employment Law Update. This section focuses on Switzerland.
Addleshaw Goddard has released the January 2014 edition of its European Employment Law Update. This section focuses on Spain.
Addleshaw Goddard has released the January 2014 edition of its European Employment Law Update. This section focuses on the Netherlands.
Addleshaw Goddard has released the January 2014 edition of its European Employment Law Update. This section focuses on Ireland.
Addleshaw Goddard has released the January 2014 edition of its European Employment Law Update. This section focuses on Germany.
Addleshaw Goddard has released the January 2014 edition of its European Employment Law Update. This section focuses on France.
Addleshaw Goddard has released the January 2014 edition of its European Employment Law Update. This section focuses on Finland.
Addleshaw Goddard has released the January 2014 edition of its European Employment Law Update. This section focuses on Denmark.
Eversheds believes VAT recovery changes offer an opportunity for employers and pension funds to review arrangements.
Under a civil service voluntary exit scheme, employees aged 60 or over had their severance compensation capped at six months’ pay.
Five top tips for happy contracting download
Gateley has released five top tips to take into account when drafting contracts.
A worker can be accompanied at disciplinary or grievance hearings by a fellow worker or union official when the worker ‘reasonably requests to be accompanied at the hearing’.
The case of Birmingham City Council v Emery serves as a reminder that in community schools the employer is the local authority, not the governing 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.
Over the past few years, there has been a slow trickle of employment tribunal decisions relating to the use of social media.
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.
The Court of Appeal has decided to make a reference to the ECJ in the controversial Woolworths/Ethel Austin collective redundancy litigation.
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.
New TUPE regulations published download
The government has now made the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014.
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.
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.
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.
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.
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.