Expert Analysis

• 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.

• 3 Employee Protection Issues To Watch In UK Gov't

  

  The recent U.K. harassment proposals, autism employment review and artificial intelligence white paper demonstrate that employee protection and well-being are high on the government's agenda, and could lead to changes in employers' support and hiring processes, say Catherine Shepherd and Kath Sadler-Smith at Osborne Clarke.

• Tips On Implementing Menopause Support Policies At Work

  

  1 in 10 women have left a job due to menopausal symptoms, highlighting that employers must find ways to support and retain affected employees, especially amid the growing drive to boost the numbers of older people in the workforce and oft-cited war for talent, say Ellie Gelder and Kelly Thomson at RPC.

• Changes In Employment That May Affect Sponsor Licenses

  

  With economic conditions prompting changes that expose businesses to additional immigration compliance risks, and the U.K. Home Office increasing its enforcement activities regarding employment, employers should be alert to the potential implications, say attorneys at Lewis Silkin.

• How The LDI Crisis May Lead To Pensions' Negligence Claims

  

  Following the liability-driven investment crisis and its impact on pension schemes, employers and trustees may now be considering if anyone is to blame for any losses arising, say Rachael Healey and Andrew Oberholzer at RPC.

• Immersive Tech And The Risks It Poses For Employers

  

  While augmented reality and virtual reality technologies can promote efficiency and cost savings, there is a risk of significant health implications for employees, and businesses should be aware of the legal and regulatory risks that need to be managed, say Olivia Sinfield and Dan Charie at Osborne Clarke.

• How SRA Workplace Culture Guidance May Help Legal Sector

  

  Whether or not the Solicitors Regulation Authority acts on its recently released guidance on toxic workplace environments in law firms and imposes harsh sanctions, it will hopefully encourage some positive top-down changes, and should give individuals confidence to demand acceptable behavior, says Georgina Calvert-Lee at Bellevue Law.

• Examining Quotas And Positive Discrimination In Employment

  

  The U.K. differs from most other European jurisdictions, where it is lawful to take positive action but not positive discrimination, but since current legislation requires the U.K. to keep up with EU levels of employment protection, the government may decide to amend national law to keep pace with the EU, say Ranjit Dhindsa and Richard Branson at Fieldfisher.