Expert Analysis

• Retained EU Law Act Puts Employment Rights Into Question

  

  The recent announcement that the equal pay for equal work provisions of the Treaty on the Functioning of the EU would not be repealed by the U.K. Retained EU Law Act has created uncertainty as to whether key employment rights will be vulnerable to challenge, say Nick Marshall and Louise Mason at Linklaters.

• Employers Can Expect More Emphasis On Work Culture Regs

  

  The U.K. government has recently backed a package of employment legislation, including an act that granted the right to request a predictable working pattern, reflecting an increased understanding of how workplace culture feeds into hiring decisions and the ability to retain employees, says Christopher Hitchins at Katten.

• Employer Due Diligence Lessons From Share Scheme Case

  

  The Scottish Court of Session recently confirmed in Ponticelli v. Gallagher that the right to participate in a share incentive plan transfers to the transferee, highlighting the importance for transferee employers to conduct comprehensive due diligence when acquiring workforce, including on arrangements outside the employment contract's scope, say lawyers at McDermott.

• How Insurance Policies Can Cover Generative AI Risks

  

  As concerns rise about the new risks that businesses face as a result of generative artificial intelligence tools, such as AI-facilitated hacking and intellectual property infringement, policyholders should look to existing insurance policies to cover losses or damages, says Josianne El Antoury at Covington.

• '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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.