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Employment UK
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July 31, 2024
UK Raises Bar On 'Fire And Rehire' Of Staff With New Code
Employers at businesses in Britain must consider alternatives to firing and rehiring staff on weaker contracts under new rules that restrict the cost-cutting tactic to a tool of "last resort."
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July 31, 2024
Pension Plans Do Minimum ESG Compliance, Watchdog Says
Too many retirement savings plans attain only minimum compliance with environmental, social and governance standards, The Pensions Regulator has said, and urged them to improve their approach.
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July 30, 2024
Aviva Didn't Sabotage Service Assistant's Career Over Race
A customer service assistant lost more than 30 claims of discrimination and victimization against an Aviva PLC subsidiary, after an employment tribunal ruled that her own harmful behavior had strained her relationship with bosses and forced her out.
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July 30, 2024
Fieldfisher Defends Lawyer's Sacking Over Sexual Misconduct
A Fieldfisher LLP partner who sacked a senior associate over sexual harassment allegations told a tribunal Tuesday she stood by her decision as she gave evidence against the lawyer who claimed that he had been unfairly dismissed.
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July 30, 2024
Pension Tax Reform Could Unlock £100B For UK Growth
Changing how pensions are taxed in the U.K. could potentially unlock more than £100 billion ($128 billion) for domestic investment over the next five years, according to a recent analysis by a pensions consultancy.
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July 30, 2024
Pensioner Welfare Cuts Create 'Cliff Edge,' LCP Says
The Labour government's decision to cut annual winter fuel payments worth up to £300 ($385) for retirees not on pension credit or other means-tested benefits will create an unwelcome "cliff edge" for savers, a consultancy has said.
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July 30, 2024
Pension Firms Meeting Equity Investment Goals, Insurers Say
Pension firms that signed up to an agreement to allocate a minimum of 5% of defined contribution funds to unlisted equities by 2030 have laid "strong foundations" in line with the target, British insurers said Tuesday.
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July 29, 2024
Chinese Firm Owes £42K To Manager It Called 'Western Devil'
A Chinese cross-cultural consultancy must pay £42,317 ($54,340) to an employee it racially harassed and called a "fake Western devil" before unfairly firing her, an employment tribunal has ruled.
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July 29, 2024
ECJ Nixes Swedish Dividends Tax On Foreign Pension Funds
Sweden can't collect a withholding tax on dividends distributed by Swedish companies to public pension funds abroad while exempting its own public funds because that is inconsistent with European Union law requiring the free movement of capital, the European Court of Justice said Monday.
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July 29, 2024
Gov't Looks To Lure AI Development To UK With Action Plan
The new Labour government has vowed to draw up a new action plan to bolster the development of artificial intelligence in the U.K., following pledges to place the country at the forefront of AI innovation.
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July 29, 2024
Junior Drs. Offered Pay Bump To End 17-Month Strike Action
The U.K. government has offered junior doctors a 22.3% salary rise to cover the last two years of strikes, in a move that could end a long-running pay dispute, the British Medical Association said on Monday.
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July 29, 2024
Marketer Told She Had Baby 'At The Wrong Time' Wants £30K
A marketer for an international accountancy accreditation body asked a tribunal on Monday to order her employer to pay her £30,000 ($38,500) for injury to her feelings after her boss told her that she "had a baby at the wrong time."
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July 29, 2024
New Defined Benefit Funding Code Laid Before Parliament
Britain's pensions watchdog on Monday said its long-awaited funding code for defined benefit retirement savings plans has been laid before Parliament, marking what it called a "significant step."
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July 29, 2024
Self-Employed Exec Can't Sue Firefighting Biz Over Dismissal
An executive at a firefighting organization extinguished his right to bring an unfair dismissal claim when he switched from being an employee to being self-employed, a tribunal has ruled.
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July 26, 2024
EAT Was Too 'Hardhearted' In Blocking Late Appeals
The Employment Appeal Tribunal incorrectly blocked three claimants from bringing appeals after they mistakenly omitted key documents that delayed their applications, the Court of Appeal has ruled.
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July 26, 2024
Virgin Loses Court Battle To Keep Pension Plan Changes
An appeals court has ruled that regulations on contracted-out retirement savings plans require written confirmation from a scheme's actuary for changes affecting beneficiaries' future rights, not just past benefits, rejecting Virgin Media's challenge to a decision voiding decades-old changes to one of its pensions.
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July 26, 2024
Ex-Met Cops Lose Offensive Messages Convictions Appeal
Two former Metropolitan Police officers who shared "abhorrent" racist, misogynistic and homophobic messages with Sarah Everard's killer had their bid to appeal against their sentences rejected on Friday.
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July 26, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen U.K. band The 1975 face action by Future Sound Asia after its performance in Malaysia resulted in a festival's cancelation, Spectrum Insurance hit by The Motoring Organization following their dispute over information misuse, and a former police constable pursue defamation against a colleague for allegedly instigating a campaign of harassment against her. Here, Law360 looks at these and other new claims in the U.K.
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July 26, 2024
Former Royal Mint HR Director Wins Disability Bias Claim
The Royal Mint indirectly discriminated against a human resources director by denying her request to rescind the resignation that she submitted while grappling with mental health conditions, a tribunal has ruled.
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July 25, 2024
Scottish Gov't Wins Appeal Of Judge's Part-Time Status
The Scottish government won its appeal against a retired trial judge Thursday after the Employment Appeal Tribunal ruled that she was not a part-time worker when she served on the country's criminal appeals court.
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July 25, 2024
Vince Cable Missed Shoosmiths' Warning Over Post Office IT
Shoosmiths LLP warned the government about problems with the IT accounting software which incorrectly showed shortfalls that the Post Office used to prosecute innocent people in 2012, documents disclosed to the inquiry into the scandal on Thursday showed.
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July 25, 2024
Lucasfilm Strikes Back In Star Wars Actor 'Resurrection' Row
Lucasfilm fought for a second time on Thursday to exit a dispute with an English movie company over the use of actor Peter Cushing's likeness in Star Wars, telling a London court that the case against it was "just weird."
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July 25, 2024
ITV Gets Regulatory Nod On Box Clever Pension Resolution
The Pensions Regulator said Thursday that it has inked a preliminary agreement with British broadcaster ITV to provide full pension benefits to members of the Box Clever retirement savings plan after a lengthy legal tussle.
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July 25, 2024
Labour Gov't Faces 'Tricky Balancing Act' On Policy Priorities
The Labour government faces a "tricky balancing act" in implementing policies that meet the financial needs of different generations, pensions provider Aegon said Thursday,
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July 24, 2024
Gender-Critical Barrister Loses Appeal Against Stonewall
A gender-critical barrister lost her appeal against Stonewall Equality Ltd. on Wednesday after failing to convince the Employment Appeal Tribunal that the LGBTQ+ charity had "induced or attempted to induce" Garden Court Chambers into the discrimination she experienced.
Expert Analysis
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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.
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What Growing Focus On ESG Means For Insurers
As the world pays steadily more attention to environmental, social and governance issues, insurers and reinsurers will need to integrate ESG risks into their underwriting and compliance efforts, but doing so will help attract consumers and achieve positive investment returns, say attorneys at Debevoise.
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5 Ways To Address Heightened Forced Labor Compliance Risk
In response to ever-increasing enforcement efforts targeting forced labor, companies can leverage available resources to assess conditions in their supply chains and avoid unintended imports and exports with entities known for human rights violations, say Joyce Rodriguez and Francesca Guerrero at Thompson Hine.
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UK Whistleblowing Laws May Be Ripe For Reform
COVID-19 has reignited calls to expand U.K. whistleblowing laws, with many advocating for enhanced reporting protections and independent oversight of cases, says Pia Sanchez at CM Murray.
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G4S Deferral Agreement Illustrates SFO's Enforcement Focus
The Serious Fraud Office’s recent deferred prosecution agreement with multinational security services company G4S suggests the agency’s approach to compliance, program remediation and corporate renewal is evolving to favor parent company involvement and the appointment of independent compliance monitors, say Chris Roberts and James Ford at Mayer Brown.
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Opinion
Time To Fix Human Rights Abuses In US Gov't Supply Chains
The U.S. government buys goods made in global supply chains where human and labor rights violations are commonplace, so to drive better rights compliance among contractors, it should adopt six key reforms to the federal procurement process, says Isabelle Glimcher at the New York University Stern School of Business.
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Opinion
Reflections On The UK Bribery Act 10 Years On
While the U.K. Bribery Act has been positive overall, regulators should seek urgent reform to better enable the investigation and prosecution of companies and individuals for economic crimes, especially in cases directly harming people and the environment, says Chris Phillips at Alvarez & Marsal.
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Human Rights Are Becoming A Compliance Issue
A recent commitment from the European Union's commissioner for justice to introduce rules for mandatory corporate human rights due diligence next year may signal the arrival of this issue as a global business imperative, making it as fundamental as anti-corruption diligence, say attorneys at Paul Hastings.
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5 Steps For Keeping Supply Chains Free Of Uighur Slavery
In light of a March report identifying 83 global brands suspected of supply chain links to forced labor of Uighurs — an ethnic minority long targeted by the Chinese government — companies should adopt certain procedures to identify red flags in their own supply chains, say Benjamin Britz and Rayhan Asat at Hughes Hubbard.
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Perspectives
Addressing Modern Slavery Inside And Outside The UK
As the problem of modern slavery persists, U.K. companies must take a broad approach when rooting out slave labor in their supply chains, and should not ignore the risk posed by suppliers within the U.K., says Maria Theodoulou of Stokoe.
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UK Antitrust Watchdog Proposals Would Bolster Enforcement
The U.K. Competition and Markets Authority's proposals for reshaping competition enforcement and consumer protection would shift the historical balance in U.K. competition policy, increasing regulatory burden on companies while weakening judicial scrutiny of CMA actions, says Bill Batchelor of Skadden.
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UK's New 'Name And Shame' Approach To Anti-Trafficking
There has been considerable anxiety and speculation from companies over the annual transparency statement required by the U.K. Modern Slavery Act, but a recent tender announcement from the U.K. Home Office provides key insights into what to expect, say attorneys with Perkins Coie.
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A Victory For Legal Privilege In Cross-Border Investigations
The U.K. Court of Appeal's recent decision in Serious Fraud Office v. Eurasian Natural Resources is a substantial step toward confirming the application of legal privilege in internal investigations, and has significantly reduced the divergence in U.K. and U.S. privilege law, say attorneys with Milbank Tweed Hadley & McCloy LLP.