Expert Analysis

• German Labor Court Takes Surprising Stance On Disclosure

  

  A German labor court's recent ruling regarding an employer's disclosure of the number and names of employees identified as "severely disabled" will surprise practitioners in the data protection and diversity spaces, who may question the justification for aspects of the decision, say Hannah Disselbeck and Marco Hermann at Fieldfisher.

• A Look At The Increase In Employee Ownership Trusts

  

  The rise in employee ownership trusts has brought certain challenges, but with tax advantages and a proven positive impact on individuals, businesses and regional economies, employee buyouts are set to become more popular and could outstrip mainstream deal activity, says ​​​​​​​Lisa Hayward at Birketts.

• Employment Ruling Takes A New Look At Settlement Waivers

  

  The recent Scottish Employment Appeal Tribunal decision in Bathgate v. Technip U.K. demonstrates that a waiver in a settlement agreement must relate expressly to the circumstances of the individual case, and that it is no longer possible to dismiss a prospective claim simply by including a reference to unfair dismissal or the Equality Act 2010, says David Whincup at Squire Patton.

• Series

  My Favorite Law Prof: How I Learned To Argue Open-Mindedly

  

  Queens College President Frank Wu reflects on how Yale Kamisar’s teaching and guidance at the University of Michigan Law School emphasized a capacity to engage with alternative worldviews and the importance of the ability to argue for both sides of a debate.

• Employment Ruling Shows Value Of Dismissal Alternatives

  

  The recent Employment Appeal Tribunal ruling in Department of Work and Pensions v. Boyers demonstrates that employers should ensure that alternatives have been properly considered before dismissing a disabled employee, since it can be difficult to show that a proportionate approach has been taken in the decision-making process, say Asten Hawkes and Larissa Hawkins at BDB Pitmans.

• How Proposed Forced Labor Product Ban Affects Biz With EU

  

  The European Commission's recently proposed regulation banning products made with forced labor in the European Union highlights the importance for multinational companies to enhance their human rights due diligence programs to meet fast-evolving standards and requirements of doing business in the region, say Sarah Bishop and Paul Mertenskötter at Covington.

• FCA Pension Scheme Case Highlights Issues Ripe For Reform

  

  The Financial Conduct Authority's response to the British Steel Pension Scheme case exposed wider issues within its regulatory approach and could demonstrate the need for industrywide reforms to minimize the risks with transferring out of a pension scheme, say Oliver Reece and Larisa Gordan at PwC.

• Holiday Entitlement Ruling May Affect Employer Practices

  

  Following the recent decision of Harpur Trust v. Brazel, employers may want to consider some practical options and review their processes to ensure that workers with irregular hours receive their paid holiday entitlement, say Alex Fisher and Anna West at Travers Smith.

• How The Rise Of Brand Activism Is Affecting Employment Law

  

  As the choice of employer and its values is increasingly seen as an extension of an employee's personal brand, a number of employment law issues come to the fore, including employers' rights to restrict their employees' behaviors and employees' rights to express their own views, says James Davies at Lewis Silkin.

• Changes The New UK PM May Bring To Workers' Rights

  

  U.K. Prime Minister Liz Truss is considering the removal of a significant number of EU regulations, which could lead to a reduction in rights for workers such as equal pay and holiday pay, arguably going against the principles of the U.K.-EU Trade and Cooperation Agreement, say Sean Nesbitt and Anneliese Amoah at Taylor Wessing.

• What New French Whistleblower Law Means For Companies

  

  A French law that recently entered into force broadens the definition of whistleblower and simplifies the reporting process, creating a new system that offers added protection but may well increase the number of reports made to authorities, say Alexandre Bisch and Fanny Gauthier at Debevoise.

• Why Risk-Based Employee Conduct Policies Are Advisable

  

  In establishing employee conduct policies, companies should consider the extent to which they are exposed to certain types of risk, such as bribery and corruption, as establishing clear written standards offers a step toward avoiding criminal liability, says Steve Melrose at Bellevue Law.

• Steps Businesses Can Take To Mitigate AI Discrimination Bias

  

  There are risks that artificial intelligence systems can result in actionable discrimination in recruitment and employment processes, and to mitigate bias businesses should ensure there is informed human involvement, putting in place suitable policy frameworks to reflect their values and positions on diversity, says David Lorimer at Fieldfisher.

• New FCA Listing Rules May Start Regulatory Shift On Diversity

  

  Listed companies that fail to meet new Financial Conduct Authority rules for minimum executive board diversity currently risk reputational damage mainly through social scrutiny, but should prepare for potential regulatory enforcement actions, say attorneys at King & Spalding.

• The Case For Company-Directed Offensive ESG Litigation

  

  Rather than treat environmental, social and governance litigation as a source of liability, there is a serious benefit for companies and their lawyers to evaluate and pursue offensive ESG litigation, says Bob Koneck at Woodsford.