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Employment UK
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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.
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July 24, 2024
HMRC Wins Battle Over Candy Maker's Holiday Fund Scheme
HM Revenue & Customs has convinced an appeals tribunal that a Scottish sweet maker must compensate its employees for salary deductions it put aside in "holiday funds," with the judge finding the scheme ran afoul of national minimum wage regulations.
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July 24, 2024
Asset Recovery Firms Deny Profit-Stripping Rule Is Too Harsh
Two asset recovery companies told Britain's top court Wednesday that a law to strip profits from people who quit jobs to chase the business of a former employer is not "too harsh," in a case with potentially wide implications for "bad-faith resignations."
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July 24, 2024
Compliance Biz Unfairly Fired Staffer After Cancer Diagnosis
A compliance consultancy discriminated against a manager when it decided to cut her loose with no explanation other than her recent cancer diagnosis, a tribunal has ruled.
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July 24, 2024
British Steel Pension Redress Scheme Pays Out £8.7M
The Financial Conduct Authority said Wednesday that its redress program for steelworkers given poor pensions advice has paid out a total of just £8.7 million ($11.2 million) in compensation.
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July 24, 2024
Can New Pensions Minister 'Serve Two Masters'?
A new British pensions minister with a foot in two competing government departments could help create a more coherent pensions reforms, although some analysts warn of a potential Treasury takeover of pensions policy to prioritize economic stimulus.
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July 23, 2024
'Bully' Solicitor Who Showed Paralegal Lewd Pix Struck Off
A solicitor accused of bullying "vulnerable" junior colleagues and showing a paralegal pornographic pictures on his phone was struck off by a tribunal Tuesday.
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July 23, 2024
Ex-DWP Staffer Wins £388K For Disability Harassment
The U.K. government's Department for Work and Pensions must pay a former employee £387,600 ($500,500) after harassing him based on his disability before unfairly pushing him to quit, a tribunal has ruled.
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July 23, 2024
Software Co. Unfairly Sacked Exec To Bring Back Co-Founder
A tribunal has ruled that a software testing company botched the process to dismiss its former head of product when it re-hired the co-founder with whom his relationship had soured to work as his boss.
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July 23, 2024
Employees Fight 'Harsh' Penalty In Bad Faith Resignation Test
Three former employees of asset recovery companies urged Britain's top court on Tuesday to reconsider the "harsh" remedy against people who quit their jobs to pursue business opportunities said to belong to their employers, a case with potentially wide implications for "bad faith resignations."
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July 23, 2024
Post Office's Top In-House Lawyer Takes 'Temporary' Leave
The general counsel of the Post Office and its primary liaison for the public inquiry into the Horizon IT scandal has taken a "temporary" leave of absence, the organization has confirmed.
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July 22, 2024
HMRC Wins Appeal Over Taxation Of Partnership Rewards
Financial rewards from a partnership were taxable as income even though they were made at the partnership's total discretion and the partners had no legally enforceable right to receive them, a London court ruled, siding with HM Revenue & Customs.
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July 22, 2024
Analyst Wins Anonymity Appeal Against Flight Centre
An analyst at a travel agency won her bid for anonymity in her dispute with her former employer Monday after an appellate judge overturned a lower tribunal's finding that shielding her to limit her distress infringed open justice.
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July 22, 2024
Gov't Slow To Fix Mothers' Pension Errors, LCP Says
The government has been dragging its heels on fixing state pension errors affecting tens of thousands of pension-age mothers in the U.K., according to consultancy Lane Clark & Peacock LLP on Monday.
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July 22, 2024
Lending Biz CEO Says Director Forced Him To Transfer Shares
A solicitor has asked a court to unwind a share transfer that he allegedly made under duress to an ex-director and a lawyer with whom he was business, claiming that he had to make the transfer to quash a false fraud allegation.
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July 22, 2024
Foul-Mouthed Lawyer Showed Junior Colleague Lewd Pix
A solicitor bullied junior colleagues in profanity-laced rants and showed a paralegal pornographic pictures on his phone, the Solicitors Regulation Authority told a tribunal Monday.
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July 22, 2024
Gov't Plans 'Big Bang' Pensions Reform To Fuel UK Growth
The government has launched the first stage of its review into pensions as it focuses on generating more investment from the £800 billion ($10.3 billion) defined contribution sector into the economy.
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July 19, 2024
Appellate Judge Says Addison Lee Can't Toss Deposit Order
British car service company Addison Lee can't overturn an order requiring it to pay £125,000 ($161,434) to continue relying on certain arguments in its defense as it fights hundreds of drivers claiming worker status, an Employment Appeal Tribunal ruled Thursday.
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July 19, 2024
Hospital Worker Loses Claim For COVID Shielding Pay
A London hospital worker has lost her claim alleging that she was wrongly put on statutory sick pay during the pandemic after a tribunal found she was not entitled to full pay under the COVID-19 shielding program because of a lack of eligibility.
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July 19, 2024
Ex-Council Officer Gets Fresh Trial After Delay Refused
A former senior officer at a London council has got a second shot at her unfair dismissal and disability discrimination claim, after an appellate judge ruled Friday the trial should have been postponed when her lawyer became too sick to represent her.
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July 19, 2024
Pension Scams Body Calls For Early Launch Of Online Portal
The Pensions Scams Industry Group on Friday said that British pension schemes are ready to get started with the much-delayed dashboards project designed to connect savers with lost pension pots.
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July 19, 2024
Solicitor Sanctioned Over False £1M Gov't Loan Declaration
A solicitor who signed an inaccurate declaration confirming that an investor had £1 million in a client account for the purposes of a government loan scheme was fined £15,000 ($19,400) on Friday and banned from being a partner.
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July 19, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a libel clash between comedian Paul Currie and the Soho Theatre Company over allegations of anti-semitism, technology giant Huawei face a patents claim by Mediatek, Westfield Europe pursue action against Clearpay Finance for contract breaches and tour operating company Carnival hit chartered airline Maleth Aero for significant flight delays. Here, Law360 looks at these and other new claims in the U.K.
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July 18, 2024
Pets At Home Beats Worker's Bias, Harassment Claims
A sales assistant at Pets at Home has failed to prove that she was discriminated against, sexually harassed or forced to resign over a rumored relationship with a colleague, an employment tribunal has ruled.
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July 18, 2024
Consultant Forced To Resign In Patient Death Inquiry
A consultant surgeon was forced to quit after bosses gave him no time to prepare for a disciplinary hearing and imposed harsher sanctions than necessary over undisclosed allegations of patient care failure, an employment tribunal has ruled.
Expert Analysis
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Is It Time To Prosecute UK Cos. For Human Rights Violations?
The idea of holding companies criminally liable for human rights abuses committed overseas has gained traction over the past decade. Though the U.K. government has made it clear that it has no immediate plans for further legislation in this area, calls for corporate criminal liability are only likely to get louder, say Andrew Smith and Alice Lepeuple of Corker Binning.
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UK Employment Law Risks In Cross-Border M&A
U.K. employment law has developed in myriad ways and continues to do so. The acquisition of U.K.-based companies or assets will therefore often give rise to employment law considerations that are unfamiliar to U.S. buyers, says Richard Moore of Lewis Silkin LLP.
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4 Questions About Whistleblowing In The UK And Beyond
Following the U.S. Securities and Exchange Commission's announcement of its biggest-ever Dodd-Frank whistleblower awards, Chris Warren-Smith of Morgan Lewis & Bockius LLP discusses whistleblowing in financial service industries in different jurisdictions with other Morgan Lewis attorneys based all around the world.
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Revamping Contracts For GDPR: 3 Ways To Prepare
The EU's General Data Protection Regulation requirements — which take effect May 25 — create a substantial hurdle for thousands of companies worldwide and affect millions of vendor contracts, which now need to be reviewed, amended and potentially renegotiated, say Mathew Keshav Lewis and Zachary Foreman of Axiom Law.
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Keys To Corporate Social Responsibility Compliance: Part 1
2018 may be the year that corporate social responsibility compliance becomes a core duty of in-house legal departments. Not only have legal requirements proliferated in recent years, but new disclosure requirements and more regulation are on the horizon, say attorneys with Ropes & Gray LLP.
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A Guide To Anti-Trafficking Compliance For Food Cos.
Despite the 2016 dismissal of federal human rights cases against food companies in California, a similar class action — Tomasella v. Hershey Co. — was recently filed in Massachusetts federal court, and it’s one that companies in the sector should watch closely, says Markus Funk of Perkins Coie LLP.
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Human Rights Benchmarks: A Primer For In-House Counsel
A number of corporate institutions and nongovernmental organizations have partnered together to “benchmark” how peer companies compare to each other in the area of human rights compliance. The reputational damage that these studies can cause should not be underestimated, say Viren Mascarenhas and Kayla Winarsky Green of King & Spalding LLP.
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Basic Human Rights: Whose Job Is Enforcement?
The cases of Jesner v. Arab Bank and Doe v. Cisco Systems pose different legal tests under the Alien Tort Statute. But these decisions could hold major consequences for environmentalists, human rights activists and even individuals who have turned to ATS to go after transnational corporations, says Dan Weissman of LexisNexis.
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Cos. Should Note Guidance From Gov'ts On Human Rights
Recent legislative and courtroom developments in the U.K., the U.S. and further afield may have a significant impact on human rights compliance requirements for companies doing business internationally, say attorneys with Covington & Burlington LLP.
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Preparing For UK Litigation As A US Lawyer
Counsel fees, issue fees, risk of loss and the “additional” cost of a barrister mark significant differences between the U.K. and U.S. legal processes. The good news is that the bond between the U.K. and the U.S. arising out of our common history and law renders retaining and working with U.K. counsel seamless and rewarding, says Richard Reice of Hoguet Newman Regal & Kenney LLP.
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Whistleblower Protection: When Private Turns Public
In Chesterton v. Nurmohamed, a U.K. appeals court recently found that disclosing a breach of a worker's contract may satisfy the public interest requirement for whistleblower protection if a sufficiently large number of other workers are affected. This decision may cause some concern for well-known employers, say Emma Vennesson and Katherine Newman of Faegre Baker Daniels LLP.
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Uber May Have Met Its Waterloo In Europe
Recent developments in Europe suggest that Uber’s business model — built on its claims that it is a digital platform between consumer and driver, not a transportation company, and that its workers are merely independent contractors, not employees governed by local labor laws — may be approaching collapse on the continent sooner than anticipated, says Thomas Dickerson of Herzfeld & Rubin PC.
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Harmonizing US And UK Workplace Dress Codes
Given recent publicity surrounding workplace dress codes for women in both the U.S. and U.K., it's likely the issue will be subject to greater scrutiny going forward. Companies with an international reach must exercise particular caution when seeking to coordinate workplace dress codes across the business as considerations may differ widely, says Furat Ashraf of Bird & Bird.
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Top 5 Business And Human Rights Concerns For Companies To Monitor
Businesses are being bombarded with information about their responsibilities toward global human rights and other nonfinancial efforts. According to Covington & Burling LLP attorneys Christopher Walter and Hannah Edmonds, U.K. businesses should be actively monitoring five key developments.
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FCA's Work In Progress: Individual Accountability
In the case of the U.K. accountability regime, the sea change seems to have been more about the Financial Conduct Authority sending a message to firms, leaders and the public that things would be different — rather than replacing an ineffective regime. We anticipate a change within the financial services sector, as individuals are likely to want to eat more carrots and feel fewer sticks, say members of Taylor Wessing LLP.