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Employment UK
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May 17, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a wave of claims filed against Verity Trustees Ltd., Harley-Davidson hit retailer Next with an intellectual property claim, Turkish e-commerce entrepreneur Demet Mutlu sue her ex-husband and Trendyol co-founder Evren Üçok and the Solicitors Regulation Authority file a claim against the former boss of collapsed law firm Axiom. Here, Law360 looks at these and other new claims in the U.K.
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May 17, 2024
Pensioners Lose £80M In Credit Over Submission Errors
The Department for Work and Pensions has said that retirees lost out on £80 million ($102 million) in payments to help top up their weekly income to a minimum level because they submitted inaccurate information about themselves in the last financial year.
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May 17, 2024
Unite, GMB Unions Lose Pay Claim Against Housing Co.
More than 100 trade union members at a housing association have lost their employment tribunal claim accusing their employer of ducking out of pay negotiations after the tribunal found the charity did not intend to "narrow" the negotiations.
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May 17, 2024
Risk For Employers As Bar For Protected Belief Claims Shifts
Employees face a low bar to gaining legal protection for objectionable views, as lawyers say it has become almost impossible for employers to distinguish philosophical beliefs akin to religion from politicized public debates.
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May 17, 2024
Exec Was Fired Because His Wife Had Cancer, Tribunal Rules
The head of sales for a Hong Kong software company has won more than £90,000 ($114,000) after he was fired because his wife had terminal breast cancer.
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May 17, 2024
Disabled NHS Therapist Loses Forced Resignation Claim
A therapist has lost all her claims against an NHS trust after an employment tribunal ruled that her bosses had done their best to accommodate her disabilities during the COVID-19 pandemic.
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May 17, 2024
Post Office Used Womble Bond To Avoid Looking Like 'Bullies'
The Post Office retained Womble Bond Dickinson in a civil case brought by victims of the Horizon scandal because a more aggressive law firm might make it look like "bullies," an executive for the organization told an inquiry Friday.
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May 17, 2024
Translation Lecturer At SOAS Loses Race Discrimination Case
A professor has lost her claim for racial discrimination and harassment against her London university, as a tribunal found that a colleague speaking with her about a Japanese restaurant was not being detrimental and that the exchange did not constitute discrimination.
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May 16, 2024
Post Office's Ex-IT Head Says She Blocked Ex-CEO Requests
The Post Office's former head of information technology said she blocked phone communication from former chief executive Paula Vennells after Vennells contacted her for help to "avoid an independent inquiry" into the wrongful prosecutions of sub-postmasters, according to a document made public in the probe Thursday.
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May 16, 2024
Tesco Warehouse Staff Lose 'Hopeless' Claims Against Union
A trade union successfully struck out negligence and breach of duty claims brought against it by two Tesco warehouse workers over a preceding collective agreement, after a London court ruled that they had "no real prospect of succeeding."
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May 16, 2024
TM Liability Ruling A 'Get Out Of Jail Free Card' For Execs
A ruling by Britain's highest court puts the burden on brand owners to prove that executives at the company knew about any alleged trademark infringement from their business to be sued. This landmark ruling is likely to impede brand owners who are looking to enforce their intellectual property.
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May 16, 2024
Pension Scheme Profit Warnings Ease In First Quarter
The number of profit warnings issued by U.K.-listed companies with defined benefit pension schemes fell to 18 in the first quarter of this year, compared to 22 in the last three months of 2023, according to research published on Thursday by EY-Parthenon.
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May 16, 2024
NCA Says Uyghur Cotton Probe Would Soon Unravel
The National Crime Agency defended on Thursday its decision to refuse to investigate imported cotton produced in a Chinese province with forced labor, telling an appeals court that it would be kneecapped by the difficulty of separating legal goods from criminal property.
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May 16, 2024
MPs Call For Redress Program For State Pension Errors
Lawmakers have urged the government to draw up plans by this summer for a redress scheme for retirement-age women who were short-changed on their state pensions.
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May 16, 2024
No Docs Due To 6,000 Tesco Workers In Equal Pay Case
Thousands of Tesco workers lost their appeal on Thursday for correspondence between the supermarket and other equal pay claimants.
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May 16, 2024
Average Pension Pot Value Plummets 66% Since 2012
The average value of a defined contribution retirement savings pot has plunged by 66% in just over a decade, official figures revealed Thursday, as experts warned there was a risk of employers becoming stingier with pension benefits.
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May 16, 2024
M&G Accounts Manager Wins £13K Over Resignation Dispute
An accounts manager at M&G PLC has won more than £13,000 ($16,500) after an employment tribunal found that the company wrongly refused to let him see out his 12-week notice period while on garden leave.
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May 15, 2024
800 Drivers Join Minimum Wage Claim Against Used Car Biz
More than 800 drivers have joined the legal battle against a secondhand car dealer to be classified as "workers," in a bid for minimum wage and paid holidays, the law firm steering the action said on Thursday.
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May 15, 2024
Taxpayers Let Down By HMRC Digital Service, Says Watchdog
HM Revenue and Customs has let down taxpayers by failing to deliver better online services, according to a report published on Wednesday by the public spending watchdog.
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May 15, 2024
Uyghur Group Fights To Revive Bid For Chinese Cotton Probe
Campaigners for the Uyghurs told an appellate court Wednesday that Britain was wrong to refuse to launch a broad investigation into imported cotton produced in China with forced labor rather than specific shipments, arguing that the decision could create a market for criminal property.
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May 15, 2024
Crypto 'Academy' Closed After Probe Into False Assurances
A cryptocurrency firm that "recklessly" persuaded customers to put money into investment plans has been wound up after the government's insolvency agency found that the company had given false assurances and traded without regulatory approval.
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May 15, 2024
Baker McKenzie Guides £28M Pension Deal For Pharma Co.
Canada Life has insured the retirement savings plans of more than 300 members of the U.K. subsidiary of Dutch pharmaceutical company Norgine Ltd. in a full buy-in transaction of £28 million ($35 million), with the deal guided by Baker McKenzie.
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May 15, 2024
Fired Judge Loses Appeal Over Deleting Data During Probe
A former judge who was removed from office for deleting data relevant to a police investigation had his bid to appeal his dismissal rejected by the High Court on Wednesday as a judge ruled that his removal from the bench was "clearly justified."
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May 15, 2024
Ex-RFB Partner Claims Ouster By Firm's 'Bullying' Boss
The former head of employment at Ronald Fletcher Baker LLP has sued the firm, claiming that he was unfairly demoted and exposed to what he alleges was the "constant bullying treatment of staff" by the managing partner Rakeebah Rahim.
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May 15, 2024
Fashion Execs Not Liable For TM Infringement, Justices Say
Two executives of a defunct fashion company are not legally responsible for causing their business to commit trademark infringement, Britain's highest court ruled Wednesday, making them exempt from paying back profits from their alleged wrongdoing.
Expert Analysis
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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.
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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.