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Employment UK
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April 16, 2024
UK Pension Transfer Numbers Continue To Decline
The number of savers transferring from defined benefit to defined contribution pension schemes dropped by 32% in the financial year that ended in March 2023, according to figures published Tuesday by the Financial Conduct Authority.
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April 16, 2024
Insurance Manager Harassed By Bosses Wins £56K
A tribunal has ordered a British insurance broker to pay a former manager more than £56,000 ($69,800) after ruling that the business pushed her out because bosses no longer valued her after she went off sick with anxiety and depression.
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April 16, 2024
UK Pension Withdrawals Hit Record High
The number of people making lump sum withdrawals from their U.K. pension savings reached a record high during the financial year that ended in March 2023, according to a new report by the country's financial watchdog published Tuesday.
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April 15, 2024
Ex-Autonomy Exec Testifies To Handshake Deals, Backdating
Autonomy's former U.S. head of sales testified for the prosecution Monday in the criminal fraud trial of founder Michael Lynch, saying he boosted sales figures via "quid pro quo" handshake deals with customers, created pretextual emails to cover his tracks and even backdated a deal to meet revenue targets.
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April 15, 2024
Rastafarian Ex-Army Band Player Wins Race Bias Case
A former British Army horn player has won his racial discrimination case against the Ministry of Defence, with a tribunal concluding that officers stereotyped him as an "angry Black man" and dismissed his complaints about racist treatment.
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April 15, 2024
No Quid Pro Quo In Thank You Posts, Fired Journalist Says
A sports journalist fired after publicly thanking a company that was a corporate sponsor of his charity fundraising efforts argued to an employment tribunal Monday that there was "no quid pro quo" that compromised the BBC.
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April 15, 2024
Prison Governor Loses Claim He Was Excluded From Union
A prison governor lost his claim against a trade union that refused to let him join its ranks twice because he had held key positions in another union that competed with it, an employment tribunal has ruled.
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April 15, 2024
AML Exec Loses Bid For Interim Pay In Whistleblowing Case
The co-founder of a London-based payments platform provider has lost his bid to be paid his £190,000 ($237,000) salary while he pursues a whistleblowing and unfair dismissal claim against the company.
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April 15, 2024
Trainee Solicitor's Bid To Claim SQE Fees From Ex-Firm Fails
A trainee solicitor cannot recoup fees for her legal qualification examinations from her former employer, with a tribunal finding that she failed to prove that the law firm had agreed to pay the fees.
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April 15, 2024
Pension Protection Fund Has 'Crucial' Future Role, LCP Says
The Pension Protection Fund could play a crucial role in the "endgame" for defined benefit pension schemes as a state-backed consolidator of smaller retirement plans, a consultancy has said.
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April 12, 2024
US-based MSD Broke Ban On Using 'Merck' In UK, Court Finds
U.S.-based Merck Sharp & Dohme LLC's use of the "Merck" name on websites and social media breached the terms of a court order barring it from using the name in the U.K. to protect German drugmaker Merck KGaA's rights, a London court ruled Friday.
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April 12, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen footwear brand Dr. Martens hit online retailer Temu with a passing off claim, Welsh soccer club Swansea sue its former head coach Russell Martin, Russian diamond tycoon Dmitry Tsvetkov file a claim against his former business Equix Group Ltd., and U.S. bank Omega Financial Corporation hit African oil and gas company Tende Energy with a claim. Here, Law360 looks at these and other new claims in the U.K.
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April 12, 2024
John Lewis Beats Muslim Worker's Discrimination Claim
Department store John Lewis has beaten accusations that it discriminated against a Muslim employee, but it botched the process for sacking him, a tribunal has ruled.
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April 12, 2024
Abbott Loses Bid To Nix UK Whistleblowing Case On Appeal
An appeals tribunal has rejected Abbott Laboratories' bid to escape a whistleblowing case brought by the founders of a British DNA technology business that it bought, concluding on Friday that the founders had an arguable case that U.K. judges had jurisdiction.
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April 12, 2024
Temp Engineer Must Pay £27K For 'Vexatious' Behavior
An employment tribunal has ordered a temp to pay thousands of pounds in litigation costs for bringing a claim he knew he would lose, having previously failed to show on three other occasions that he was an employee or a worker.
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April 12, 2024
Kingsley Napley Launches 'Enhanced' Carers' Leave
Kingsley Napley LLP said Friday that it will provide a week's paid leave for employees to care for children, elderly parents or disabled relatives, a move that exceeds its statutory obligations and sets a precedent for other firms in the industry.
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April 12, 2024
Sky Managers Can't Appeal Dismissal Case On New Grounds
Two former Sky store managers cannot reargue their claim that the company owes them money following a mandatory change of role, an appeals tribunal has ruled, blocking them from raising a challenge on grounds that did not come up in the original case.
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April 12, 2024
Over 800 Directors Banned For COVID Loan Fraud In 1 Yr
A total of 831 company directors were banned in the last 12 months for defrauding the COVID loan support scheme for businesses following investigations by the Insolvency Service, the government agency said Friday.
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April 12, 2024
Pension Body Warns Of 'Burdensome' New Reporting Rules
A U.K. pension industry body has called for new reporting regulations on the sector to be toned down, warning that the additional red tape could deter smaller schemes from taking steps to improve their investment strategies.
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April 11, 2024
Autonomy Became Less Transparent Before Sale, Jury Told
An ex-market analyst testifying Thursday in a California criminal trial over claims that former Autonomy CEO Michael Lynch duped HP into buying the British company for $11.7 billion told jurors that the company became less forthcoming about some of its accounting a couple of years before the sale.
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April 11, 2024
Law Firm Denies Thwarting Driver's Injury Claim
JMW Solicitors has pushed back at accusations by an injured delivery driver that it filed his compensation claim against the wrong defendant to avoid a conflict of interest with a valuable client.
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April 11, 2024
Airbnb Owner Was Housekeeper's Employer, Tribunal Rules
A housekeeper who worked at a Scottish castle was an employee instead of a worker and can proceed to sue her old boss for unfairly dismissing her, an employment tribunal has ruled.
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April 11, 2024
Ex-Post Office Boss Denies 'Cover Up' Of IT Bugs
A former Post Office boss has denied trying to "cover up" the fact that senior members of the organization knew the IT system used to prosecute hundreds of innocent sub-postmasters was faulty, as he gave evidence to an inquiry Thursday.
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April 11, 2024
NHS Assistant With Lung Condition Wins COVID Bias Claim
An NHS trust in England forced a hospital worker with a chronic lung condition to quit her job by refusing to let her work from home during the COVID-19 pandemic, a tribunal has ruled.
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April 11, 2024
Failure To Address Group Chat Jokes Pushed Worker To Quit
Blackpool Council forced an employee to resign after it failed to formally investigate her complaints about a "deluge" of inappropriate WhatsApp group messages that made her view the workplace as hostile, an employment tribunal has ruled.
Expert Analysis
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The Case For Company-Directed Offensive ESG Litigation
Rather than treat environmental, social and governance litigation as a source of liability, there is a serious benefit for companies and their lawyers to evaluate and pursue offensive ESG litigation, says Bob Koneck at Woodsford.
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How ESG Matters Are Influencing M&A Due Diligence Trends
With a proliferation of environmental, social and governance-related regulatory developments and a desire to comply with best practice, ESG matters have become an increasingly important area of focus for both clients and advisers in M&A transactions, say attorneys at Sullivan & Cromwell.
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Steps Toward Eliminating Slavery In Apparel Supply Chains
To minimize regulatory, operational and reputational risks associated with human trafficking activity, apparel companies should assess whether they have sufficiently robust and accurate reporting on their end-to-end supply chains, and ensure they can meet U.S. Customs and Border Protection evidentiary requirements, say consultants at FTI Consulting.
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New Anti-Modern Slavery Bill Unlikely To Accomplish Goals
A new bill has been introduced to increase the accountability of organizations to tackle modern slavery, but without requiring the establishment of a corporate strategy and imposing sanctions for noncompliance, the U.K.'s response to modern slavery in general is unlikely to meaningfully improve, says Alice Lepeuple at WilmerHale.
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ESG Regs Abroad Offer Road Map For US Multinational Cos.
Recent regulations in the European Union and United Kingdom mandate certain companies to disclose climate-related and other environmental, social and governance information to investors, serving as a harbinger of things to come in the U.S., say Petrina McDaniel and Shing Tse at Squire Patton, and Kimberly Chainey at AptarGroup.
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How Will UK Use New Penalties For Debt-Dodging Directors?
Thomas Shortland at Cohen & Gresser discusses the scope of the new disqualification regime for company directors who dissolve their businesses to avoid paying back state COVID-19 loans, and identifies factors that may affect how frequently the government exercises the new powers.
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How Immune Are State Agents From Foreign Courts?
The ongoing case of Basfar v. Wong is the latest to raise questions about the boundary between commercial or private activity and the exercise of sovereign authority that shields state agents from foreign judicial scrutiny — and the U.K. Supreme Court's upcoming decision in the matter will likely bring clarity on exceptions to the immunity doctrine, say Andrew Stafford QC and Oleg Shaulko at Kobre & Kim.
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Human Rights-Focused Lending Models Can Curb Trafficking
In light of increased environmental, social and governance attention and the 10th anniversary of the United Nations’ adoption of the Guiding Principles on Business and Human Rights, the financial sector should expand and align its anti-trafficking efforts with ESG measures by linking human rights outcomes to lending frameworks, say Sarah Byrne and Ed Ivey at Moore & Van Allen.
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Green Investments Are Not Immune To ESG Scrutiny
As investment informed and motivated by environmental, social and governance considerations accelerates, companies and investors in the green technology sector must keep in mind that regulators, consumers and communities will not grant them free passes on the full range of ESG concerns, say Michael Murphy and Kyle Guest at Gibson Dunn.
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What G-7 Xinjiang Focus Means For UK And US Companies
Attorneys at King & Spalding consider the shifting legal and political landscape, highlighted at last month's G-7 summit, around eradicating forced labor in China’s northwest Xinjiang region, and what U.K. and U.S. businesses with supply chain exposure should do to mitigate their legal, financial and reputational exposure.
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UK Employment Case May Lead To New Discrimination Suits
The recent Maya Forstater case before the U.K. Employment Appeals Tribunal, concerning whether gender-critical beliefs are a protected characteristic, could provoke an influx of discrimination cases on the basis that philosophical beliefs could trump other protected characteristics, says Jules Quinn at King & Spalding.
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Opinion
Nestle Ruling Shows Supply Chain Human Rights Flaws
The Supreme Court's recent ruling in Nestle v. Doe — blocking claims that chocolate makers aided and abetted child slavery in Africa — underscores the need for federal legislation to ensure that U.S. corporation supply chains are not complicit in human rights abuses overseas, says Alexandra Dufresne at the Zurich University of Applied Sciences.
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Addressing Environmental Justice As Part Of ESG Initiatives
Recent calls for racial equity and government regulators' increasing focus on social and environmental concerns make this a good time for companies to integrate environmental justice into their environmental, social and governance efforts, say Stacey Halliday and Julius Redd at Beveridge & Diamond, and Jesse Glickstein at Hewlett Packard.
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2 UK Pension Cases Guide On 3rd-Party Due Diligence
The U.K. Court of Appeal's recent decision in Adams v. Options UK, and upcoming hearing in Financial Conduct Authority v. Avacade, highlight important precautions self-invested personal pension operators should take when dealing with unauthorized third parties, says Paul Ashcroft at Wedlake Bell.
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US Cos. Must Get Ready For EU Human Rights, Climate Policy
The European Union will likely adopt new human rights and climate change regulations for corporations — so U.S. companies and investors should assess their risk exposure and implement compliance processes tailored to their industries, locations and supply chains, say David Lakhdhir and Mark Bergman at Paul Weiss.