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Employment UK
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April 24, 2024
Ex-Autonomy GC Tells Jurors He Wanted To Be 'Helpful' To HP
Autonomy's former U.S. general counsel conceded Wednesday in the criminal trial of former CEO Michael Lynch that he told an HP lawyer he wanted to be as "helpful" as possible to the company as it was investigating Autonomy-related issues that popped up after the Silicon Valley giant purchased the British company, and that he was told he could face liability for his work at Autonomy.
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April 24, 2024
Post Office GC Didn't Know To Disclose Witness Misled Court
As he gave evidence to an inquiry Wednesday, the Post Office's former general counsel said external law firm Cartwright King didn't tell him that the fact that an expert witness lied to the court when testifying against subpostmasters needed to be disclosed.
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April 24, 2024
Fire And Rehire Justified By Equal Pay Threat, Tesco Argues
Retail giant Tesco argued to the U.K. Supreme Court on Wednesday that its decision to "fire and rehire" warehouse workers on less favorable contracts was justified because keeping its promise of a "permanent" pay supplement could have exposed the company to equal pay claims worth millions of pounds.
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April 24, 2024
EU Greenlights New Rights For Gig Economy Workers
The European Parliament adopted new rules on Wednesday aimed at improving working conditions for up to 40 million gig economy workers, namely by introducing a legal presumption that they are employees from the first day on the job.
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April 24, 2024
Regulator Says Half Of Retirement Plans Ready For Buyout
Half of the 5,000-plus defined benefit pension schemes in Britain are expected to have exceeded their estimated buyout funding levels, the Pensions Regulator said Wednesday, giving trustees and employers a chance to reassess their long-term objectives.
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April 24, 2024
Ex-England Footballer Banned As Director For Unpaid Tax
Former England football international John Barnes has been banned from being a company director after his business failed to pay more than £190,000 ($236,000) in tax, a U.K. government agency announced on Wednesday.
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April 24, 2024
Network Rail Rejected Pension Expert Due To Age Bias
An employment tribunal has ruled that Network Rail discriminated against an applicant to the pensions team because he was in his mid-50s, saying that the manager processing submissions barely glanced at his curriculum vitae.
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April 24, 2024
Osborne Clarke Guides Canada Life's £46M Lexmark Deal
Insurer Canada Life has agreed to a £46 million ($57 million) buy-in with the pension scheme of printing business Lexmark Holdings Inc. in a transaction guided by Osborne Clarke LLP.
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April 24, 2024
Keoghs Beats 'Rude' Job Candidate's Discrimination Claim
An employment tribunal has thrown out a race discrimination claim against law firm Keoghs LLP, ruling that it did not treat a Greek national unfairly by rescinding a job offer for his "rude and uncooperative" behavior in an onboarding meeting.
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April 23, 2024
Ex-Autonomy Tech Exec Doubted 'Bizarre' $6M Deal, Jury Told
Autonomy's ex-chief technology officer testified Tuesday in the California federal fraud trial of former CEO Michael Lynch that he had concerns about Autonomy's "bizarre" 2010 deal to sell $6 million in repackaged hardware, which prosecutors allege was never delivered and was only used to artificially inflate Autonomy's revenues.
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April 23, 2024
Post Office GC Felt 'Scapegoated' Over Horizon Review
The Post Office's former general counsel felt "scapegoated" over the conclusions of an independent report she commissioned into the IT system used to prosecute hundreds of innocent people, she told the inquiry into the scandal Tuesday.
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April 23, 2024
YMCA Exec Loses Claim That In-Office Rule Forced Her Out
A senior employee at a YMCA hostel has lost her claim that she was forced to quit because bosses would not let her permanently switch to remote working, after an employment tribunal ruled it wasn't in her contract.
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April 23, 2024
Tesco Can't Renege On Pay Pledges, Union Tells Top UK Court
Retail giant Tesco violated workers' contracts when it "fired and rehired" them so it could remove what it described as a "permanent" pay supplement, a British trade union argued to the U.K. Supreme Court on Tuesday.
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April 23, 2024
Worker Wins £71K For 'Shocking And Spiteful' Harassment
The Cardiff Employment Tribunal has awarded an aspiring police constable over £71,000 ($88,000), after his former colleagues launched a campaign of "shocking and spiteful" harassment to blackmail him into withdrawing his claims by sabotaging his policing career.
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April 23, 2024
Great Western Fights Worker's Whistleblowing Win On Appeal
British train operator Great Western Railway fought to overturn a worker's whistleblowing win Tuesday, arguing that a tribunal wrongly concluded that managers launched an "inadequate and partial" misconduct probe against him because he had sued the company years before.
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April 23, 2024
COVID-19 Has Disrupted Pension Life Expectancy Models
Pension schemes have faced significant disruption to the way they calculate life-expectancy of their members as a result of the pandemic, a consultancy warned Tuesday.
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April 23, 2024
15 Pension Mega-Deals Forecast In Coming Months
The U.K. pension deals market is set for another record year, with around 15 mega transactions worth up to £30 billion ($37 billion) expected to go ahead in the next few months, a retirement savings consultancy said Tuesday.
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April 23, 2024
Coughing Not A Disability For Axed Anti-Mask Care Worker
A nursing company did not discriminate against a former staff member when it axed her for refusing to wear a face mask while visiting a patient's home, a tribunal has held, ruling that her coughing fits did not count as a disability or exempt her from the company's policies.
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April 22, 2024
Finance Biz. Sues Ex-Contractor For £1.6M Over Stolen Clients
A finance company has accused a self-employed adviser of breaching obligations after exiting the company and taking more than a hundred customers worth £1.6 million ($1.9 million) of future income with her to a competitor.
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April 22, 2024
Commerzbank Did Not Pay Analyst Less Due To His Gender
Commerzbank did not pay an axed compliance analyst a lower salary than his female colleagues based on his sex, a London tribunal has held, ruling that the bank based its pay offers on salary expectations among other benchmarking factors.
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April 22, 2024
Seafarer Can't Sue Global Shipping Business In The UK
A subsidiary of Swedish shipping company Stena AB has convinced an appellate judge that an employment tribunal must reconsider whether one of its former seafarers can sue the company in the U.K.
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April 22, 2024
Aviva Paid Over £413M In Group Protection Claims In 2023
Aviva paid out more than £413.7 million ($509.6 million) in group protection claims to employees and their dependents in 2023, up from £373.9 million in 2022, according to a company report published Monday.
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April 22, 2024
NCA Investigator Sues Over Sexual Misconduct Sacking
A former National Crime Agency investigator told a tribunal on Monday that the law enforcement body unfairly sacked him over allegations that he inappropriately touched female colleagues and a member of the public at a Christmas party.
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April 22, 2024
FCA Defends Response To British Steel Pension Scandal
The Financial Conduct Authority on Monday said it took "appropriate regulatory action" amid complaints over its handling of the British Steel Pension Scheme transfer scandal and would not uphold any of the grievances it has received over its approach.
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April 22, 2024
Pension Lifeboat Says Gov't Plans Could Create £10B Finance
The pensions compensation fund said that plans to give it a new role as a consolidator of smaller retirement schemes could result in an additional £10 billion being plowed into U.K. growth assets.
Expert Analysis
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Best Legal Practices For The Holiday Party Season
With the holiday party season in full swing, two recent Solicitors Regulation Authority decisions serve as a useful reminder to both individuals and firms of the potential employment and regulatory consequences when misconduct is alleged to have occurred at a work event, say lawyers at CM Murray.
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Foreign Assets Ruling Suggests New Tax Avoidance Approach
The U.K. Supreme Court's recent ruling in His Majesty's Revenue & Customs v. Fisher, which found that the scope of the transfer of foreign assets is narrow, highlights that the days of rampant tax avoidance have been left behind, and that the need for wide-ranging and uncertain tax legislation is lessening, says James Austen at Collyer Bristow.
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Key Questions Ahead Of 2024 Right-To-Work Changes
In 2024, the U.K. will increase the maximum civil penalty for companies hiring employees who don't have legal permission to work, so employers should work toward minimizing the risk of noncompliance, including by using an identity service provider to carry out digital right-to-work checks, says Gemma Robinson at Foot Anstey.
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Migration Data Could Mean Big 2024 Changes For Employers
In light of the Office for National Statistics' recent revised net migration figures, the government has taken a tough stance on reducing migration, announcing numerous upcoming immigration rules changes that employers need to be aware of, including work sponsorship, say Caroline Bagley, Emma Morgan and Adil Qadus at Shoosmiths.
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The Top 7 Global ESG Litigation Trends In 2023
To date, ESG litigation across the world can largely be divided into seven forms, but these patterns will continue developing, including a rise in cases against private and state actors, a more complex regulatory environment affecting multinational companies, and an increase in nongovernmental organization activity, say Sophie Lamb and Aleksandra Dulska at Latham.
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Employment Law Changes May Increase Litigation In 2024
As we enter 2024, significant employment law updates include changes to holiday pay, gender equality and flexible working, but the sector must deal with the unintended consequences of some of these changes, likely leading to increased litigation in the coming year, says Louise Taft at Jurit.
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How European Authorities Are Foiling Anti-Competitive Hiring
Lawyers at Squire Patton discuss key labor practice antitrust concerns and notable regulation trends in several European countries following recent enforcement actions brought by the European Commission and U.K. Competition and Markets Authority.
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When Can Bonuses Be Clawed Back?
The High Court's recent decision in Steel v. Spencer should remind employees that the contractual conditions surrounding bonuses and the timing of any resignation must be carefully considered, as in certain circumstances, bonuses can and are being successfully clawed back by employers, say Merrill April and Rachael Parker at CM Murray.
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Trial By AI Could Be Closer Than You Think
In a known first for the U.K., a Court of Appeal justice recently admitted to using ChatGPT to write part of a judgment, highlighting how AI could make the legal system more efficient and enable the judicial process to record more accurate and fair decisions, say Charles Kuhn and Neide Lemos at Clyde & Co.
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Employer Considerations After Visa And Application Fee Hikes
The U.K.'s recent visa and application fee increases are having a significant financial impact on businesses, and may heighten the risk of hiring discrimination, so companies should carefully reconsider their budgets accordingly, says Adam Sinfield at Osborne Clarke.
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Collapse-Risk Buildings Present Liability Challenges
Recently, buildings, such as Harrow Crown Court, have been closed due to risk of collapse from use of reinforced autoclaved aerated concrete in their construction, but identifying who will pay for the associated damages may be challenging due to expired limitation periods, say Theresa Mohammed, Jonathan Clarke and Villem Diederichs at Watson Farley.
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Age Bias Cases Illustrate Key Employer Issues On Retirement
Recent Employment Tribunal cases demonstrate that age discrimination claims are increasingly on employees' radars, particularly regarding retirement, so employers should be proactive and review their current practices for managing older employees, say Jane Mann and Lucy Sellen at Fox Williams.
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What The Auto-Enrollment Law Means For UK Workforce
In a welcome step to enhance retirement savings, the U.K. government is set to extend the automatic enrollment regime by lowering the eligibility age and reducing the lower qualifying earnings limit, but addressing workers' immediate financial needs remains a challenge, says Beth Brown at Arc Pensions.
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RSA Insurance Ruling Clarifies Definition Of 'Insured Loss'
A London appeals court's recent ruling in Royal & Sun Alliance Insurance v. Tughans, that the insurer must provide coverage for a liability that included the law firm's fees, shows that a claim for the recovery of fees paid to a firm can constitute an insured loss, say James Roberts and Sophia Hanif at Clyde & Co.
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Key Takeaways From ICO Report On Workforce Monitoring
The Information Commissioner's Office recently published guidance on workplace monitoring, highlighting that employers must strike a balance between their business needs and workers' privacy rights to avoid falling afoul of U.K. data protection law requirements, say lawyers at MoFo.