Expert Analysis

• 4 ADR Techniques To Know In Employment Cases

  

  With increasing pressure on Employment Tribunal resources and recent presidential guidance highlighting alternative dispute resolution methods, practitioners should know the key types of ADR available for employment claims, how they differ and what the likely future implications are for those involved in tribunal litigation, says Sarah Hooton at Browne Jacobson.

• Gender Diverse Boards May Reduce Corporate Fraud Risk

  

  Following the recently proposed "failure to prevent fraud" offense, companies should focus on diversity in leadership as research shows that an increase in women's representation on boards is associated with a decreased probability of fraud, say Anoushka Warlow and Suzanne Gallagher at BCL Solicitors.

• Trustees Should Take Caution After UK Pension Tap Plan

  

  The U.K. government's recent plan to boost technology startups by tapping into pension sector funds may risk the hard-earned savings of members, so trustees need to be mindful of the proposals in light of their fiduciary duties, say Beth Brown and Riccardo Bruno at Arc Pensions.

• Why Law Firms Should Consider Apprenticeships

  

  A recent government briefing shows that young people are increasingly signing up for apprenticeships, a trend that law firms should take advantage of to improve socioeconomic diversity and help to recruit a variety of talent, which can boost employee retention in the long run, says Emma O'Connor at Boyes Turner.

• The Importance Of A Proactive Approach To Workplace Safety

  

  Two recent Crown Court cases regarding gross negligence manslaughter highlight the costs of failing to prioritize safety at work, which should act as a catalyst for companies to review and update their health and safety policies, say lawyers at Fieldfisher.

• In-Office Policies May Be Solution To UK Skills Shortage

  

  Against the backdrop of the U.K. skills shortage, personal engagement with junior lawyers could boost employee commitment, engagement and retention, highlighting that physical presence in the office is valued and vital, says Michael Stokes at Harrison Clark.

• Why Workplace Menstruation And Menopause Support Matters

  

  The British Standards Institution's recent workplace standard on menstruation, menstrual health and menopause marks a new chapter in combating age- and gender-based employment inequalities, and employers play a huge role in facilitating inclusive workplaces to attract, retain and support women of all ages, says Kathleen Riach at Glasgow University.

• Leadership Development Recommendations For Employers

  

  There's a clear need for organizations to rethink the way they develop and implement leadership and development initiatives for employees, because better-equipped leaders will contribute to an overall improvement in organizational culture and business performance, says Louise Lawrence at Winckworth Sherwood.

• Pension Trustee Case Could Lead To Fossil Fuels Divestment

  

  While the recent Court of Appeal case McGaughey v. Universities Superannuation Scheme attempts to link fossil fuel investment by trustees to significant risk of financial detriment, it is concerning that two out of 470,000 scheme members could be permitted to bring a claim without ensuring that other members are represented, says Anna Metadjer at Kingsley Napley.

• Supporting Employees Dealing With Infertility and Baby Loss

  

  With employers facing potential loss of talent due to employees experiencing a lack of support on pregnancy and fertility issues — nearly one-quarter of employees have considered leaving their jobs for this reason, per a recent survey — companies should implement policies to help recognize and support their workers going through such life-changing events, says Helen Burgess at Gateley.

• AI Act Issues To Watch As EU Legislators Negotiate

  

  The EU is working to adopt the world's first comprehensive regulatory framework for artificial intelligence, but the AI Act proposals from the European Commission, Parliament and Council currently differ on law enforcement use of AI, classification of AI systems and related compliance obligations, say Alexander Roussanov and Lazarinka Naydenova at Arnold & Porter.

• EU Decision Adds To Growing Right Of Access Case Law

  

  The European Court of Justice recently confirmed in Pankki S the broad scope of the right to access under the General Data Protection Regulation, including data processed before the regulation came into operation, which may pose a burden in terms of cost and time for organizations with long-standing clients, say Thibaut D'hulst, Dariusz Kloza and Danica Fong at Van Bael & Bellis.

• Perks And Potential Legal Pitfalls Of Int'l Remote Working

  

  In a tight labor market, employers can entice prospective employees with international remote working, but should be aware of key immigration, data protection and tax issues, says Tim Hayes at BDB Pitmans.

• UK Tribunal Ruling Sheds Light On Workplace Speech Issues

  

  The U.K. Employment Appeal Tribunal's recent judgment in Higgs v. Farmor's School — concerning a Christian employee dismissed for allegedly anti-LGBT social media posts — highlights factors that employers should consider in tricky situations involving employees' speech, says Anna Bond at Lewis Silkin.

• Tackling Global Inflation Is A Challenge For Antitrust Agencies

  

  Recent events have put pressure on antitrust agencies to address the global cost-of-living crisis, but the relationship between competition and inflation is complex, and with competition agencies’ reluctance to act as price regulators, enforcement is unlikely to have a meaningful impact, say lawyers at Linklaters.