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Employment UK
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April 25, 2024
Waitress Made Redundant While Pregnant Wins Bias Appeal
A waitress has revived her pregnancy discrimination claim after a tribunal ruled that previous judges made "fundamental" errors when they sided with the cafe owner who made her redundant.
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May 02, 2024
White & Case Hires White-Collar Pro From Noerr In Germany
White & Case LLP has hired the former co-head of the compliance and investigations group at Noerr to lead its internal investigations team in Frankfurt as part of a big push to expand its global white-collar practice.
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April 25, 2024
Black Nurse Wins Second Shot At Job Offer Withdrawal Claim
An appeals tribunal has ruled that a Black nurse could have a second chance at arguing that a care home withdrew a job offer because he made a complaint of race discrimination during the recruitment process.
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April 25, 2024
Police Did Not Sack Officer For Making Adult TV Complaint
A former police officer has failed to secure provisional compensation for her dismissal after a tribunal ruled that a London policing body did not fire her for blowing the whistle on colleagues for refusing to stop watching adult television at work.
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April 25, 2024
Watchdog Urges Caution On New Types Of Pension Schemes
The Pensions Regulator called on Thursday for a pause in the development of new types of retirement savings plans as it weighs whether they offer members sufficient levels of protection.
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April 25, 2024
Post Office Official Denies Misleading Court About IT System
A Post Office director denied misleading the court about what she knew about the IT system used to prosecute hundreds of innocent people, as she gave evidence to the inquiry into the scandal Thursday.
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April 24, 2024
Ex-Autonomy GC Tells Jurors He Wanted To Be 'Helpful' To HP
Autonomy's former U.S. general counsel conceded Wednesday in the criminal trial of former CEO Michael Lynch that he told an HP lawyer he wanted to be as "helpful" as possible to the company as it was investigating Autonomy-related issues that popped up after the Silicon Valley giant purchased the British company, and that he was told he could face liability for his work at Autonomy.
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April 24, 2024
Post Office GC Didn't Know To Disclose Witness Misled Court
As he gave evidence to an inquiry Wednesday, the Post Office's former general counsel said external law firm Cartwright King didn't tell him that the fact that an expert witness lied to the court when testifying against subpostmasters needed to be disclosed.
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April 24, 2024
Fire And Rehire Justified By Equal Pay Threat, Tesco Argues
Retail giant Tesco argued to the U.K. Supreme Court on Wednesday that its decision to "fire and rehire" warehouse workers on less favorable contracts was justified because keeping its promise of a "permanent" pay supplement could have exposed the company to equal pay claims worth millions of pounds.
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April 24, 2024
EU Greenlights New Rights For Gig Economy Workers
The European Parliament adopted new rules on Wednesday aimed at improving working conditions for up to 40 million gig economy workers, namely by introducing a legal presumption that they are employees from the first day on the job.
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April 24, 2024
Regulator Says Half Of Retirement Plans Ready For Buyout
Half of the 5,000-plus defined benefit pension schemes in Britain are expected to have exceeded their estimated buyout funding levels, the Pensions Regulator said Wednesday, giving trustees and employers a chance to reassess their long-term objectives.
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April 24, 2024
Ex-England Footballer Banned As Director For Unpaid Tax
Former England football international John Barnes has been banned from being a company director after his business failed to pay more than £190,000 ($236,000) in tax, a U.K. government agency announced on Wednesday.
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April 24, 2024
Network Rail Rejected Pension Expert Due To Age Bias
An employment tribunal has ruled that Network Rail discriminated against an applicant to the pensions team because he was in his mid-50s, saying that the manager processing submissions barely glanced at his curriculum vitae.
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April 24, 2024
Osborne Clarke Guides Canada Life's £46M Lexmark Deal
Insurer Canada Life has agreed to a £46 million ($57 million) buy-in with the pension scheme of printing business Lexmark Holdings Inc. in a transaction guided by Osborne Clarke LLP.
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April 24, 2024
Keoghs Beats 'Rude' Job Candidate's Discrimination Claim
An employment tribunal has thrown out a race discrimination claim against law firm Keoghs LLP, ruling that it did not treat a Greek national unfairly by rescinding a job offer for his "rude and uncooperative" behavior in an onboarding meeting.
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April 23, 2024
Ex-Autonomy Tech Exec Doubted 'Bizarre' $6M Deal, Jury Told
Autonomy's ex-chief technology officer testified Tuesday in the California federal fraud trial of former CEO Michael Lynch that he had concerns about Autonomy's "bizarre" 2010 deal to sell $6 million in repackaged hardware, which prosecutors allege was never delivered and was only used to artificially inflate Autonomy's revenues.
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April 23, 2024
Post Office GC Felt 'Scapegoated' Over Horizon Review
The Post Office's former general counsel felt "scapegoated" over the conclusions of an independent report she commissioned into the IT system used to prosecute hundreds of innocent people, she told the inquiry into the scandal Tuesday.
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April 23, 2024
YMCA Exec Loses Claim That In-Office Rule Forced Her Out
A senior employee at a YMCA hostel has lost her claim that she was forced to quit because bosses would not let her permanently switch to remote working, after an employment tribunal ruled it wasn't in her contract.
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April 23, 2024
Tesco Can't Renege On Pay Pledges, Union Tells Top UK Court
Retail giant Tesco violated workers' contracts when it "fired and rehired" them so it could remove what it described as a "permanent" pay supplement, a British trade union argued to the U.K. Supreme Court on Tuesday.
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April 23, 2024
Worker Wins £71K For 'Shocking And Spiteful' Harassment
The Cardiff Employment Tribunal has awarded an aspiring police constable over £71,000 ($88,000), after his former colleagues launched a campaign of "shocking and spiteful" harassment to blackmail him into withdrawing his claims by sabotaging his policing career.
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April 23, 2024
Great Western Fights Worker's Whistleblowing Win On Appeal
British train operator Great Western Railway fought to overturn a worker's whistleblowing win Tuesday, arguing that a tribunal wrongly concluded that managers launched an "inadequate and partial" misconduct probe against him because he had sued the company years before.
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April 23, 2024
COVID-19 Has Disrupted Pension Life Expectancy Models
Pension schemes have faced significant disruption to the way they calculate life-expectancy of their members as a result of the pandemic, a consultancy warned Tuesday.
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April 23, 2024
15 Pension Mega-Deals Forecast In Coming Months
The U.K. pension deals market is set for another record year, with around 15 mega transactions worth up to £30 billion ($37 billion) expected to go ahead in the next few months, a retirement savings consultancy said Tuesday.
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April 23, 2024
Coughing Not A Disability For Axed Anti-Mask Care Worker
A nursing company did not discriminate against a former staff member when it axed her for refusing to wear a face mask while visiting a patient's home, a tribunal has held, ruling that her coughing fits did not count as a disability or exempt her from the company's policies.
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April 22, 2024
Finance Biz. Sues Ex-Contractor For £1.6M Over Stolen Clients
A finance company has accused a self-employed adviser of breaching obligations after exiting the company and taking more than a hundred customers worth £1.6 million ($1.9 million) of future income with her to a competitor.
Expert Analysis
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Employers Can 'Waive' Goodbye To Unknown Future Claims
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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Why Investment In Battery Supply Chain Is Important For UK
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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Ruling Elucidates Tensions In Assessing Employee Disability
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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ECJ Ruling Triggers Reconsiderations Of Using AI In Hiring
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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Supreme Court Ruling Is A Gift To Insolvency Practitioners
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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More Remains To Be Done To Achieve Gender Parity In Law
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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Key Employer Lessons From 2023 Neurodiversity Case Uptick
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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Pension Industry Should Monitor Evolving ESG Issues In 2024
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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5 Key UK Employment Law Developments From 2023
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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Emerging Trends From A Busy Climate Litigation Year
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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2024 Will Be A Busy Year For Generative AI And IP Issues
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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How Businesses Can Prepare For Cyber Resilience In 2024
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.
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Dyson Decision Highlights Post-Brexit Forum Challenges
The High Court's recent decision in Limbu v. Dyson, barring the advancement of group supply chain claims against Dyson subsidiaries in the U.K. and Malaysia, suggests that, following Brexit, claims concerning events abroad may less frequently proceed to trial in England, say lawyers at Debevoise.
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Best Legal Practices For The Holiday Party Season
With the holiday party season in full swing, two recent Solicitors Regulation Authority decisions serve as a useful reminder to both individuals and firms of the potential employment and regulatory consequences when misconduct is alleged to have occurred at a work event, say lawyers at CM Murray.
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Foreign Assets Ruling Suggests New Tax Avoidance Approach
The U.K. Supreme Court's recent ruling in His Majesty's Revenue & Customs v. Fisher, which found that the scope of the transfer of foreign assets is narrow, highlights that the days of rampant tax avoidance have been left behind, and that the need for wide-ranging and uncertain tax legislation is lessening, says James Austen at Collyer Bristow.