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Employment UK
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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.
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July 18, 2024
HR Admin's Discrimination Claim Lacks Proof, Tribunal Rules
A human resources administrator has lost a race discrimination claim that alleged her co-workers mimicked a foreign accent and drew a rude picture of her, after a tribunal found there was no evidence the events took place.
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July 18, 2024
Post Office Execs 'Lied To Me,' Ed Davey Tells Inquiry
Ed Davey told an inquiry on Thursday into the miscarriage of justice at the Post Office that senior officials at mail service, including its former chief executive, "lied" to him about the IT system used to prosecute innocent people.
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July 18, 2024
Pension Experts Urge 'Gateway Tests' For Public Consolidator
More than half of pension professionals believe that any public sector consolidator must have tough "gateway tests" similar to those employed by commercial superfunds, if the project gets off the ground.
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July 17, 2024
Manager Forced Out Of Delivery Co. Over Fire Risk Concerns
An Employment Tribunal has ruled that a delivery company left a senior manager with no option but to leave after his employer refused to investigate his concerns that the delivery bikes' rechargeable batteries posed a serious fire hazard.
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July 17, 2024
Ex-Minister Admits Failing To See Post Office Injustice Sooner
A former junior business minister in place when the Post Office was fighting wrongly convicted subpostmasters in court told the government inquiry into the scandal on Wednesday that she "absolutely" should have recognized a possible injustice sooner.
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July 17, 2024
Labour Gov't To Make Fiscal Rules Law, Empower OBR
The new Labour government will legislate to write into law the Treasury's long-held fiscal rules and grant new powers to the Office for Budget Responsibility to scrutinize policy, according to plans confirmed in the King's Speech on Wednesday.
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July 17, 2024
Labour Gov't Promises 'New Deal' On Workers' Rights
Keir Starmer's Labour government said in the King's speech that opened the new session of Parliament on Wednesday that it would legislate for a "new deal for workers," setting out a series of promised proposals to strengthen workers' rights and end racial pay discrimination.
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July 17, 2024
Gov't Plans Pensions Bill To Consolidate Retirement Savings
The new Labour government said on Wednesday that it will introduce a new Pensions Schemes Bill that aims to consolidate the cluttered retirement savings sector.
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July 17, 2024
'Third-Way' Pension Plans 50% Better Than Normal Schemes
The launch of new collection pension plans could be a "game changer" for Britons not saving enough for their retirement, a consultancy has said, finding that benefits could be 50% greater than they would otherwise receive from standard private sector schemes.
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July 16, 2024
Nurse Who Lied About Qualifications Guilty Of Fraud
A nurse who lied about her qualifications and work experience while applying for a senior role at a neonatal unit in Wales was convicted of nine counts of fraud on Tuesday.
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July 16, 2024
Transgender Judge's Exit Illustrates Bench's Diversity Woes
The resignation of Victoria McCloud, Britain's only transgender judge, has opened up a debate over just how diverse the judiciary really is. She tells Law360 that "if you're a minority, and you're at risk of being vilified, the support simply isn't there."
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July 16, 2024
Labour Government Urged To Introduce Green Tax Credits
The new Labour government should introduce tax credits for businesses investing in green energy technology, according to a tax expert from the Confederation of British Industry.
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July 16, 2024
Lawyer Faces Tribunal Over 'Fraudulent' £1M Gov't Loan
The solicitors' watchdog accused a lawyer on Tuesday of entering into a fraudulent loan agreement when she allegedly falsely claimed that her corporate client had secured £1 million ($1.3 million) in private investment that was being held in her law firm's client account.
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July 16, 2024
Trade Body Calls For Pensions Bill In King's Speech
A trade association for the largest retirement savings providers in Britain urged the new government on Tuesday to announce a pensions bill during the state opening of Parliament.
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July 16, 2024
Axiom On Hook Again For Ex-Staffer's Unpaid Wages
Axiom Ince must pay £1,125 ($1,458) in missed earnings to one of its former employees, a tribunal held in a ruling published on Tuesday after a series of similar decisions against the law firm, which collapsed in 2023.
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July 15, 2024
Driver Sees Partial Win In Appeal Over Booking Systems Fee
An employment appeals tribunal ruled Monday that a London minicab company's flat-rate fee for accessing the company's booking system meant that a part-time driver received a lower hourly rate of pay than full-time drivers.
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July 15, 2024
Care Workers' Vaccine Preference Can't Top Residents' Safety
An employment appeals panel has affirmed that a healthcare provider's mandatory COVID-19 vaccine policy did not infringe a group of care home workers' human rights, ruling that they were justifiably sacked because the company had a right to protect its residents.
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July 15, 2024
Security Biz's Contract Breach Forced Bullied Officer To Resign
A security officer was forced to quit after bosses continuously ignored his complaints about colleagues who were bullying him and arriving late to their shifts, an employment tribunal has ruled.
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July 15, 2024
Daily Mail Wins Bid To Ax Green Industrialist's Libel Case
The publisher of the Daily Mail newspaper won its fight to dismiss a £100,000 ($129,800) libel claim by a green energy tycoon on Monday after a judge ruled that it was not "potentially viable" because it was over only part of an article.
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July 15, 2024
Compensation For Poor Pension Advice Dives To Record Low
Compensation for retirement savers who received poor pension advice to transfer out of their defined benefit plans has hit a record low, a consultancy said Monday.
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July 12, 2024
Law Firm Unfairly Fired Solicitor Over Facebook Page
A law firm unfairly sacked its head of criminal law when it botched a probe into accusations that she was using Facebook to draw clients away from the firm during her resignation period, an employment tribunal has ruled.
Expert Analysis
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The Importance Of A Proactive Approach To Workplace Safety
Two recent Crown Court cases regarding gross negligence manslaughter highlight the costs of failing to prioritize safety at work, which should act as a catalyst for companies to review and update their health and safety policies, say lawyers at Fieldfisher.
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In-Office Policies May Be Solution To UK Skills Shortage
Against the backdrop of the U.K. skills shortage, personal engagement with junior lawyers could boost employee commitment, engagement and retention, highlighting that physical presence in the office is valued and vital, says Michael Stokes at Harrison Clark.
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Why Workplace Menstruation And Menopause Support Matters
The British Standards Institution's recent workplace standard on menstruation, menstrual health and menopause marks a new chapter in combating age- and gender-based employment inequalities, and employers play a huge role in facilitating inclusive workplaces to attract, retain and support women of all ages, says Kathleen Riach at Glasgow University.
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Leadership Development Recommendations For Employers
There's a clear need for organizations to rethink the way they develop and implement leadership and development initiatives for employees, because better-equipped leaders will contribute to an overall improvement in organizational culture and business performance, says Louise Lawrence at Winckworth Sherwood.
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Pension Trustee Case Could Lead To Fossil Fuels Divestment
While the recent Court of Appeal case McGaughey v. Universities Superannuation Scheme attempts to link fossil fuel investment by trustees to significant risk of financial detriment, it is concerning that two out of 470,000 scheme members could be permitted to bring a claim without ensuring that other members are represented, says Anna Metadjer at Kingsley Napley.
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Supporting Employees Dealing With Infertility and Baby Loss
With employers facing potential loss of talent due to employees experiencing a lack of support on pregnancy and fertility issues — nearly one-quarter of employees have considered leaving their jobs for this reason, per a recent survey — companies should implement policies to help recognize and support their workers going through such life-changing events, says Helen Burgess at Gateley.
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AI Act Issues To Watch As EU Legislators Negotiate
The EU is working to adopt the world's first comprehensive regulatory framework for artificial intelligence, but the AI Act proposals from the European Commission, Parliament and Council currently differ on law enforcement use of AI, classification of AI systems and related compliance obligations, say Alexander Roussanov and Lazarinka Naydenova at Arnold & Porter.
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EU Decision Adds To Growing Right Of Access Case Law
The European Court of Justice recently confirmed in Pankki S the broad scope of the right to access under the General Data Protection Regulation, including data processed before the regulation came into operation, which may pose a burden in terms of cost and time for organizations with long-standing clients, say Thibaut D'hulst, Dariusz Kloza and Danica Fong at Van Bael & Bellis.
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Perks And Potential Legal Pitfalls Of Int'l Remote Working
In a tight labor market, employers can entice prospective employees with international remote working, but should be aware of key immigration, data protection and tax issues, says Tim Hayes at BDB Pitmans.
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UK Tribunal Ruling Sheds Light On Workplace Speech Issues
The U.K. Employment Appeal Tribunal's recent judgment in Higgs v. Farmor's School — concerning a Christian employee dismissed for allegedly anti-LGBT social media posts — highlights factors that employers should consider in tricky situations involving employees' speech, says Anna Bond at Lewis Silkin.
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Tackling Global Inflation Is A Challenge For Antitrust Agencies
Recent events have put pressure on antitrust agencies to address the global cost-of-living crisis, but the relationship between competition and inflation is complex, and with competition agencies’ reluctance to act as price regulators, enforcement is unlikely to have a meaningful impact, say lawyers at Linklaters.
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Employment Tribunal Data Offers Workplace Practice Insights
A breakdown of the Ministry of Justice's recent Employment Tribunal figures shows shifting trends among employees, and potential challenges and possible improvement areas for employers, and if the data continues to be published, it could play an essential part in clearing the fast-growing backlog of tribunal matters, says Gemma Clark at Wright Hassall.
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Unpacking The Rwanda Policy Appeal Decision
The Court of Appeal recently declared the U.K. government's Rwanda policy unlawful in AAA v. Secretary of State, but given that this was only on the basis that Rwanda is not currently a safe third country, it is possible that the real risk of Article 3 of the European Convention on Human Rights breaches will be obviated, says Alex Papasotiriou at Richmond Chambers.
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Opinion
Why Menstrual Leave Policies May Be Counterproductive
Efforts to introduce U.K. standards on leave for menstruation, which in practice has been narrowly applied, may be distracting focus from pay gap and family rights laws, and robust sick leave policies that may be more relevant to tackling gender equality in the workplace, say Sean Nesbitt and Sophie Davidson at Taylor Wessing.
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Opinion
UK Noncompete Cap Will Not Grow Business As Intended
The U.K. government's recent response to its 2020 consultation on restrictive covenants has not given any obvious consideration to the position of employers, as there is no evidence supporting its proposition that limiting noncompetes to three months will assist recruitment and help employees find new jobs at often higher pay, says David Whincup at Squire Patton.