Expert Analysis

• 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.

• Workplace Neurotech Requires A Balance Of Risk And Reward

  

  The U.K. Information Commissioner's Office's recently released a report on neurotech, and while such technologies could unlock a stubbornly low productivity stagnation, they pose employer data compliance questions and potential employee discrimination risks, say Ingrid Hesselbo and Ben Milloy at Fladgate.

• ITV Scandal Offers Important Considerations On HR Policies

  

  The recent resignation of former ITV host Phillip Schofield after admitting to an affair with a younger staff member raises questions on employers' duty of care and highlights the need for not only having the right internal policies in place but also understanding and applying them, says Hina Belitz at Excello Law.

• What The Italian Whistleblowing Decree Means For Employers

  

  The new Italian whistleblowing decree, guidelines to which must be adopted by authorities this week, represents a major milestone in protecting employees by broadening employers' obligations, and it is essential that multinational companies with an interest in Italy verify their compliance with the more stringent requirements, say lawyers at Studio Legale Chiomenti.

• What TPR's Guidance On DEI Means For Pensions Industry

  

  The Pension Regulator is one of the first regulators to issue guidance on equality, diversity and inclusion, and employers and trustees should incorporate its advice by developing policies and monitoring progress to ensure that improvements are made regularly, say lawyers at Linklaters.

• 10 Tips On Drafting A Company Code Of Ethics

  

  In light of a recent report that less than 50% of companies on the FTSE 250 and 350 indexes have a code of ethics, it is clear that more organizations should be informed of the reasons for having one, like reducing risk and solidifying commitment to integrity, and how to implement it, says Shiv Haria-Shah at Fieldfisher.

• Breaking Down Germany's New Whistleblower Protection Act

  

  Germany recently passed a whistleblowing law, which will bring new obligations for companies, and businesses with more than 50 employees must now check whether they have adequate reporting lines in place and properly staffed functions to handle whistleblower reports, say Mark Zimmer and Katharina Humphrey at Gibson Dunn.

• UK Case Shows Risks Of Taking Shortcuts In Fund Payments

  

  While the High Court recently reversed a decision in Floreat Investment Management v. Churchill, finding that investors routing funds into their own accounts was not dishonest, the case serves as a cautionary tale on the dangers of directing investment funds other than as contractually provided, say lawyers at Dechert.

• How The UK Employment Court Backlogs Jeopardize Justice

  

  While employment tribunal case delays may not top the agenda of new Secretary of State for Justice Alex Chalk, recent data reveals deep and long-term issues, including a staggering half a million current or former employees waiting for their case to trudge forward in the queue, says Heather Wilmot at ARAG.

• A First Look At UK's Reform Approach To EU Employment Law

  

  The U.K. government's recent proposal on EU employment laws is relatively modest, retaining the post-Brexit law in areas such as recording working hours and holiday pay calculations, and assuaging predictions of a bonfire of EU employment rights, say Sally Hulston and James Davies at Lewis Silkin.

• How The UK Noncompete Cap Proposal May Affect Employers

  

  Following the U.K. government's plan to limit noncompete clauses to three months, employers will undoubtedly look at other options to prevent post-employment competition, such as use of garden leave, but this may keep employees out of the talent pool, say David Samuels and Tarun Tawakley at Lewis Silkin.

• Employers Should Welcome UK Guidance On Positive Action

  

  Recent guidance from the U.K. government clarifies the often overlooked and misunderstood concept of positive action under the Equality Act 2010, and may help employers feel more confident in using permitted conduct to promote equality, say lawyers at Fieldfisher.

• Lessons For Businesses From The Raab Bullying Report

  

  In light of the inquiry into workplace bullying that led to last month’s resignation of U.K. government minister Dominic Raab, businesses must ensure that they and their managers adhere to company policies, procedures and processes, and remain vigilant in stamping out and preventing such behaviors, says Suzy Blade at Setfords.

• What The Ethnicity Pay Gap Guidance Means For Employers

  

  In light of the U.K. government's recent guidance on measuring ethnicity pay differences, which could become mandatory, employers should consider ethnicity pay gap reporting and the complexities unique to it, in order to support a truly diverse workforce, say Catherine Shepherd and Kath Sadler-Smith at Osborne Clarke.

• How The EU Pay Transparency Directive Will Affect Employers

  

  The newly adopted EU Pay Transparency Directive aims to strengthen the principle of equal pay between men and women by way of mandatory gender pay gap reporting, and employers should prepare for the significant changes this will bring by closing any existing gaps and establishing a transparent compensation system, says Ulrike Conradi at Ogletree.