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Employment UK
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September 29, 2023
Monkey Emoji Was Racial Harassment, Tribunal Rules
It was an act of racial harassment for a woman to send a monkey emoji to a Black colleague even though the employee did not mean to cause offense, an employment tribunal has ruled.
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September 29, 2023
FCA's Non-Financial Misconduct Rules 'Lack Clarity'
A plan by the Financial Conduct Authority to widen its conduct rules to cover non-financial misconduct like bullying or harassment more explicitly fails to clarify what constitutes breaches, according to legal experts.
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September 28, 2023
Doctor Faces Sexual Misconduct Retrial After GMC Failings
A court on Thursday overturned a six-month suspension handed to a doctor who had sex with a patient in a London hospital toilet, ruling that the penalty may have been too lenient because regulators overlooked evidence that the patient was vulnerable.
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September 28, 2023
Caste Not Covered By Ethnic Discrimination Ban, Judge Rules
An employment tribunal has ruled that a Tamil Hindu engineer can't pursue race discrimination claims against his former employer because his caste doesn't fall within the meaning of "ethnic origin" under U.K. law.
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September 28, 2023
Nationwide To Pay £345K For Wrongfully Dismissing Carer
An employment tribunal has ordered Nationwide Building Society to pay £345,798 ($420,975) to a former employee who worked from home to take care of her disabled mother, ruling that the U.K.'s largest building society wrongfully made her redundant.
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September 28, 2023
Judges Lose Part-Time Worker Pension Fight With MoJ
Three retired judges have failed to prove the government gave them less favorable pension terms because they were part-time workers, with a London tribunal finding it was their change in role that caused the issue.
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September 28, 2023
Ex-Post Office Lawyer Denies Trying To Cover Up IT Flaws
A former in-house lawyer with the Post Office denied she had tried to "shut up" sub-postmasters who pointed out flaws in the Horizon IT system as she gave evidence on Thursday to the inquiry into the scandal, which turned into a major miscarriage of justice.
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September 28, 2023
Teacher Wins Appeal Over Influence Of Regulator's Probe
A teacher at a Scottish school has won her bid to overturn a judgment that limited her compensation for being unfairly dismissed and wrongly reported to a regulator, after an appeal tribunal judge ruled that the referral was based on "malicious" complaints.
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September 28, 2023
UK Fines ExxonMobil Pension Plan Over Climate Reporting
Britain's pension watchdog said on Thursday that it issued ExxonMobil Corp. a fine in May for failing to publish a report on climate-related financial disclosures regarding its U.K. pension plan even though the company produced it on time.
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September 27, 2023
Stockbroker Wins Commission After Investment Firm's Failure
An employment tribunal has ordered an insolvent wealth manager to pay a former broker £11,237 ($13,650) in unpaid commission, concluding that the only circumstances that would have justified refusing to pay were if the broker had misbehaved.
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September 27, 2023
Ex-Wells Fargo Adviser Fights Ruling On Compliance Warning
A former Wells Fargo consultant fought to revive his whistleblowing claim, arguing on appeal Wednesday that his expertise should have factored into an assessment of whether he reasonably believed the bank had gaps in its compliance with investor protections.
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September 27, 2023
Worker Asked Out By Son Of Boss Wins Harassment Claim
A former office manager at a will and estate planning firm has won a claim of sexual harassment at an employment tribunal after her boss's son repeatedly asked her out.
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September 27, 2023
SRA Bans Law Firm Cashier Over Fraud Conviction
The Solicitors Regulation Authority has banned a legal cashier from working at any law firm after she was convicted for defrauding thousands of pounds from her employer, in a decision published Wednesday.
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September 27, 2023
Demand For Pension Deals To Hit £200B By 2025
Insurers could have to take on £200 billion ($243 billion) of retirement savings liabilities between 2023 and 2025, Pension Insurance Corp. PLC said Wednesday, as the sector moves to respond to an unprecedented demand for risk transfer deals.
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September 27, 2023
Actors Win Worker Status With Much Ado About Wages
Actors at a Shakespearean festival have won their bid for worker status after proving their relationship with its bosses was one of “control and subordination.”
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September 27, 2023
Five Post Office Employees Get Convictions Overturned
Five Post Office employees who were prosecuted during the Horizon IT scandal had their convictions overturned Wednesday by a London judge — the latest development in a case that rocked the company and prompted an inquiry led by a judge.
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September 26, 2023
Employers Must Sharpen Focus Amid Immigration Crackdown
British employers with migrant staff must be more vigilant about ensuring they comply with Home Office rules, immigration lawyers are warning as the government carries out more workplace raids and looks to triple fines for illegal working.
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September 26, 2023
Shell Defeats Safety Whistleblower's Bid For Pay
A tribunal has refused to order Shell to keep paying a worker who claims she was unfairly sacked for whistleblowing, ruling that her case is not likely enough to succeed to justify forcing the energy giant to pay her salary in the run-up to trial.
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September 26, 2023
Trucking Biz Must Face Ex-Manager's Remote Work Claim
An employment tribunal has ruled that a former human resources executive can continue to pursue claims against a trucking company over allegations that the company discriminated against her because of her disabilities and failed to accommodate them.
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September 26, 2023
Network Rail Worker's Pay Gap Was Justified, Tribunal Rules
A female Network Rail worker has lost her unequal-pay claim after a tribunal ruled that the company was justified in paying her less than a man in the same role because she was less qualified and performed fewer duties.
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September 26, 2023
Ex-MP Loses Bid To Challenge 4-Year Fraud Prison Sentence
A London appeals court denied former Labour MP Jared O'Mara permission on Tuesday to challenge his four-year prison sentence for trying to claim £52,000 ($63,000) through fake invoices to fuel his "cocaine-and-alcohol-driven lifestyle," finding he had no prospect of success.
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September 26, 2023
UK Pension Schemes Hit With Major Rise In Cyber Breaches
Cybersecurity breaches have increased threefold in the U.K. financial services industry in the last year, with the pensions sector reporting the biggest rise, research by a law firm has revealed.
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September 26, 2023
UK Social Housing Pension Scheme Could See Funding Boost
Housing associations in the U.K. might not need to increase payments to their retirement savings plan because a valuation this month is expected to show that the pension scheme's deficit has shrunk, a consultancy has said.
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September 26, 2023
Standard Life Plans First Commercial Pensions 'Dashboard'
Standard Life has revealed plans to launch a commercial pensions portal, marking what it said was the first time a U.K. provider has committed to offering the so-called dashboard designed to give workers easy access to their retirement savings.
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September 25, 2023
Immigration Officer Who Accessed Relatives' Files Loses Case
A former Home Office immigration worker who looked up individuals for personal reasons has lost her unfair dismissal claim, after a tribunal judge ruled that her actions were a "flagrant breach" of the government department's policies.
Expert Analysis
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'Right To Disconnect' On The Rise Amid Remote Work Shift
Amid the recent shift to remote work, countries are increasingly establishing regulatory frameworks supporting employees' rights to disconnect, which brings advantages for both companies and their workers, say Stefano de Luca Tamajo and Camilla De Simone at Toffoletto De Luca.
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Balancing DEI Data Collection And Employee Privacy Rights
Despite an increased focus on developing inclusive workplace culture, recent research shows that discrimination remains pervasive in the U.K., highlighting the importance for employers to think carefully about what diversity data is needed to address existing inequalities, say attorneys at MoFo.
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How A Proposed Bill Could Change Workplace Bullying Law
If the U.K. government adopts the recently proposed Bullying and Respect at Work Bill, victims of bullying in any workplace would have the right to claim separately and specifically for bullying, as opposed to relying on the other claims currently available, so a key challenge will be how bullying is defined within the legislation, says Ranjit Dhindsa at Fieldfisher.
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Employers Should Prepare For UK Immigration Changes
In light of the U.K. government's recent proposal to raise civil penalties for illegal working breaches and toughen visa sponsorship rules, employers should ensure they have foolproof systems for carrying out compliance checks and retaining specified documentation, says Annabel Mace at Squire Patton.
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Pension Plan Amendment Power Lessons From BBC Ruling
The High Court's recent ruling in BBC v. BBC Pension Trust upheld an unusually restrictive fetter on the pension scheme's amendment power, which highlights how fetters can vary in degrees of protection and the importance of carefully considering any restriction, says Maxwell Ballad at Freeths.
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What To Know About The EU Residency Scheme Changes
The U.K. government recently announced extensions to residency status under the EU Settlement Scheme, which is a net positive for U.K.-EU relations and will be welcomed by those affected, including employers concerned about losing employees with expired permission, say Claire Nilson and Abilio Jaribu at Faegre Drinker.
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FCA Consumer Duty May Pose Enforcement Challenges
The new U.K. Financial Conduct Authority consumer duty sets higher standards of customer protection and transparency for financial services firms, but given the myriad products available across the sector, policing the regulations is going to be a challenging task, says Alessio Ianiello at Keller Postman.
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Employer Strategies For Fixing Motherhood Pay Gap
Armed with an understanding of new research from The Fawcett Society covering the impact of motherhood on the pay and economic engagement of different ethnic groups, there are a number of tools employers can leverage to reduce the pay gap, say Simon Kerr-Davis and Kloe Halls at Linklaters.
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How The UK Visa Scheme Expansion May Plug Labor Gaps
Amid ongoing labor shortages, the U.K. government's proposed expansion of the youth mobility scheme could address gaps in the retail and hospitality sectors by freeing employers of the cost and bureaucracy associated with sponsorship, says Katie Newbury at Kingsley Napley.
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Key Changes In Belarusian Foreign Labor Migration Law
Employers should be aware of the recent changes to the labor migration law in Belarus, which provides new permit requirements and amends employers' obligations toward employed migrants, to avoid unnecessary time and financial waste, says Stefan Tomchyk at Sorainen.
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Employer Steps Ahead Of Sexual Harassment Prevention Law
A new Parliamentary bill on employers' duties to prevent sexual harassment in the workplace is expected to enter into force next year, so companies should prepare by rethinking their prevention strategies to avoid fines or being investigated by the Equality and Human Rights Commission, says Joanne Moseley at Irwin Mitchell.
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Reputation Management Lessons From Spacey Case
While a U.K. jury recently acquitted actor Kevin Spacey of sexual assault charges, his reputation has been harmed, illustrating the importance for lawyers to balance a client's right to privacy with media engagement throughout the criminal process, says Jessica Welch at Simkins.
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New Solicitor Workplace Rules Present Practical Challenges
As law firms and partners are beginning to understand and apply the Solicitors Regulation Authority's new rules and guidance on unfair treatment toward colleagues, it is becoming clear that there are a number of potential pitfalls to navigate, says Andrew Pavlovic at CM Murray.
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What Trustees Must Know About Virgin Media Pension Case
The High Court's recent decision in Virgin Media v. NTL Trustees could have significant consequences for salary-related contracted-out schemes, making it necessary for trustees to start examining any deeds of amendment during the affected time period, says James Newcome at Wedlake Bell.
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4 ADR Techniques To Know In Employment Cases
With increasing pressure on Employment Tribunal resources and recent presidential guidance highlighting alternative dispute resolution methods, practitioners should know the key types of ADR available for employment claims, how they differ and what the likely future implications are for those involved in tribunal litigation, says Sarah Hooton at Browne Jacobson.