Expert Analysis

• 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.

• The UK's Pursuit Of Simplified Holiday Leave Calculations

  

  The British government's recent proposed amendments to the Working Time Regulations, which simplify statutory holiday entitlement calculations for part-year workers, demonstrate an intent to mitigate the confusing implications of the U.K. Supreme Court's 2022 ruling in Harpur Trust v. Brazel, but more clarity may be needed, say Josie Beal and Megan Simpkins at Birketts.

• 5 Things To Know Before An Internal Investigation In France

  

  The cadence of internal investigations is picking up in France, and the cultural expectations and legal constraints in these procedures are apt to surprise those from common law traditions, says Johanna Schwartz Miralles at Delcade.

• Danske Bank Deal Offers Corporate Compensation Warning

  

  The recent Danske Bank settlement opens doors for aggressive prosecution of fraud committed against U.S. banks that maintain correspondent relationships and instructs companies to implement compensation systems restricting executive bonuses in response to misconduct, say Michael Volkov and Alexander Cotoia at The Volkov Law Group.

• How Apprenticeships Are Transforming The Legal Sector

  

  As more legal employers recognize the benefits of creating apprenticeship opportunities, they are likely to grow in popularity, ensuring that the best and brightest minds are available to meet the challenges of an ever complex and changing legal environment, says Aisha Saeed at Addleshaw Goddard.

• Lacoste Flexible Working Ruling Acts As Alert To Employers

  

  In light of the U.K. Employment Appeal Tribunal decision in Glover v. Lacoste and the government’s commitment to make flexible working requests an employment right, employers are well advised to ensure that those handling the requests receive training on the process and the risk of indirect discrimination, says Amanda Steadman at BDBF.

• A Breakdown Of The SRA's Proposed New Fining Powers

  

  Thanks to the Solicitors Regulation Authority's pending new fining framework, which includes guidance on unsuitable fines and a fixed penalties scheme for low-level breaches, firms can expect to see more disciplinary findings leading to an SRA fine rather than referral to the Solicitors Disciplinary Tribunal, say Graham Reid and Shanice Holder at RPC.

• Problems With New UK 'Working Patterns' Bill Are Predictable

  

  While the worthy intentions of the new Workers (Predictable Terms and Conditions) Bill are not in question, in not defining "predictable" it has a yawning vacuum at its heart, and given the enormous potential for claims something more specific is surely required, says David Whincup at Squire Patton.

• Court Of Appeal Charts Path For COVID Dismissal Claims

  

  The Court of Appeal's first COVID-19-related health and safety dismissal decision reassures employers that they can defend claims if they demonstrate they took steps to reduce the risk of infection, or any other type of workplace health and safety risk, in a clear and practical way, says Kathryn Clapp at Taylor Wessing.

• Lessons To Be Learned From Twitter's Latest Hacking Scandal

  

  Following the report of a recent data breach at Twitter, it is clearly vital for companies to adhere to best practices in data protection and IT security arrangements, including technical measures, and proper processes and procedures that mitigate risk and provide adequate training for staff, says Simon Ridding at Keller Postman.

• UK Court Reinforces High Bar In Human Rights Investigations

  

  Although the recent U.K. High Court decision in World Uyghur Congress v. Secretary of State found that a high evidential threshold must be cleared to investigate human rights abuses, this is not to be seen as an incentive for companies to ease back on their supply chain risk management and due diligence procedures, says Lloyd Firth at WilmerHale.

• How New UK Subsidy Control Rules Will Differ From EU Law

  

  The newly effective Subsidy Control Act contains key differences to the previously applicable EU state aid laws, and legal practitioners should familiarize themselves with the new regime, ensuring that their public sector clients are aware of the challenges it presents, say attorneys at Shepherd and Wedderburn.

• Preparing For EU's Pay Gap Reporting Directive

  

  An agreement has been reached on the European Union Pay Transparency Directive, paving the way for gender pay gap reporting to become compulsory for many employers across Europe, introducing a more proactive approach than the similar U.K. regime and leading the way on new global standards for equal pay, say attorneys at Lewis Silkin.

• Why Employers Must Address Differences In UK And EU Law

  

  Amid globalization and more location-fluid working arrangements, it is crucial that employers recognize and address the differences between U.K. and EU laws in several workforce management areas, including worker representation, pay and benefits, termination of employment, and diversity and inclusion, says Hannah Wilkins at Eversheds Sutherland.

• How UK Employment Revisions Could Improve On EU Laws

  

  There is concern that the U.K. Retained EU Law Bill might remove the numerous protections provided to employees by EU law, but it could bring with it the chance to make better the pieces of law that currently cause employers the biggest headaches, says Simon Fennell at Shoosmiths.