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In Newell Trustees v. Newell Rubbermaid UK Services, the High Court recently upheld a pension plan's conversion of final salary benefits to money purchase benefits, a welcome conclusion that considered several notable issues, such as how to construe pension deeds and when contracts made outside scheme rules can determine benefits, say Ian Gordon and Jamie Barnett at Gowling.
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In light of the upcoming parliamentary debate on the Bullying and Respect at Work Bill, organizations should consider how a statutory definition of "workplace bullying" could increase employee complaints and how senior executives would be implicated if the bill becomes law, says Sophie Rothwell at Charles Russell.
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The recent decision by French data privacy regulator CNIL to fine Amazon for excessive surveillance of its workers opens up a raft of potential employment law, data protection and breach of contract issues, and offers a clear warning that companies need coherent justification for monitoring employees, say Robert Smedley and William Richmond-Coggan at Freeths.
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The Scottish Court of Session's recent decision in Bathgate v. Technip Singapore, holding that unknown future claims in a qualifying settlement agreement can be waived, offers employers the possibility of achieving a clean break when terminating employees and provides practitioners with much-needed guidance on how future cases might be dealt with in court, says Natasha Nichols at Farrer & Co.
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The recently published U.K. battery strategy sets out the government’s vision for a globally competitive battery supply chain, and it is critical that the U.K. secures investment to maximize opportunities for economic prosperity and net-zero transition, say lawyers at Watson Farley & Williams.
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An employment tribunal's recent decision, maintaining that dermatitis was not a disability, but stress was, illustrates tensions in the interaction between statutory guidance on reasonable behavior modifications and Equality Act measures, says Suzanne Nulty at Weightmans.
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A recent European Court of Justice ruling, clarifying that the General Data Protection Regulation could apply to decisions made by artificial intelligence, serves as a warning to employers, as the use of AI in recruitment may lead to more discrimination claims, say Dino Wilkinson and James Major at Clyde & Co.
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As corporate criminal liability is in sharp focus, the Supreme Court's recent decision in Palmer v. Northern Derbyshire Magistrates' Court that administrators are not company officers and should not be held liable under U.K. labor law is instructive in focusing on the substance and not merely the title of a person's role within a company, say lawyers at Greenberg Traurig.
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Significant strides have been made over the years to improve gender diversity in the legal profession, but the pay gap, lack of workplace flexibility and uneven child care burden remain significant challenges to progress, says Caroline Green at Browne Jacobson.
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The rise in neurodiversity cases in U.K. employment tribunals last year emphasizes the growing need for robust occupational health support, and that employers must acknowledge and adjust for individuals with disabilities in their workplaces to ensure compliance and foster a neurodiverse-friendly work environment, says Emily Cox at Womble Bond.
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ESG thinking in the pensions industry has substantially evolved from focusing on climate change and net-zero to including nature and social considerations, and formalizing governance processes — illustrating that, in 2024, continually monitoring ESG issues sits squarely within trustee fiduciary duties, says Liz Ramsaran at DWF.
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Key employment law issues in 2023 suggest that topics such as trade union recognition for collective bargaining in the gig economy, industrial action and menopause discrimination will be at the top of the agenda for employers and employees in 2024, say Merrill April and Anaya Price at CM Murray.
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Although many environmental cases brought in the U.K. were unsuccessful in 2023, they arguably clarified several relevant issues, such as climate rights, director and trustee obligations, and the extent to which claimants can hold the government accountable, illustrating what 2024 may have in store for climate litigation, say Simon Bishop and Patrick Kenny at Hausfeld.
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In light of increased litigation and policy proposals on balancing intellectual property rights and artificial intelligence innovation, 2024 is shaping up to be full of fast-moving developments that will have significant implications for AI tool developers, users of such tools and rights holders, say lawyers at Mishcon de Reya.
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With cybersecurity breaches one of the biggest threats to U.K. businesses and as legislation tightens, organizations should prioritize their external security measures in 2024 and mitigate risks by being well-informed on internal data protection procedures, says Kevin Modiri at Nelsons.