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Employment UK
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June 14, 2024
MPs' Pension Fund Has Only 1.3% Allocation To UK Assets
A pension scheme for British members of Parliament has just £10 million ($12.7 million) of its portfolio invested in U.K. equities, experts revealed Friday, despite efforts by the government to push schemes into fueling the national economic recovery.
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June 14, 2024
Fundraiser Wins Appeal Over Charity's Redundancy Process
A fundraiser has won his challenge over the fairness of his redundancy from a religious charity, convincing an appeals tribunal that a judge had earlier failed to consider the integrity of the selection process.
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June 13, 2024
5 Labour Manifesto Pledges Employers Should Know About
The Labour Party will implement “in full” a 26-point plan to “make work pay” if it wins the general election on July 4, according to its manifesto published Thursday. Here are some of its key employment law proposals.
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June 13, 2024
Black Support Worker Revives 'Monkey' Discrimination Case
A Black African care support worker has rekindled his discrimination complaint over a manager allegedly calling him a "monkey," convincing the Employment Appeal Tribunal that an earlier judge skipped over the specific use of the term that his claim related to.
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June 13, 2024
Prison Officer Loses Sex Bias Claim Over Deadline Lapse
An officer at a prison for young men would have won his sex discrimination claim after getting suspended over sexual harassment allegations had he filed it on time, an Employment Tribunal has ruled.
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June 20, 2024
Constantine Law Adds Ex-Eversheds Employment Pro
Constantine Law has expanded its employment offering with the arrival of a former Eversheds practice chief, bringing its total partner headcount to 14.
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June 13, 2024
How 3 Firms Cleared 2 Ex-Autonomy Execs In HP Fraud Case
A California federal jury's rejection last week of fraud charges against the founder and former finance vice president of British software company Autonomy validated an approach by the defendants' three law firms — Steptoe, Clifford Chance and Bird Marella — to form a "seamless" collaboration throughout the trial, from jury selection to closing arguments.
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June 13, 2024
NHS Argues 'English Nationalism' Isn't Protected Belief
A National Health Service trust urged an appellate tribunal on Thursday to reject a former employee's argument that his "English nationalism" should be considered a protected belief under employment law and that he therefore should not have been dismissed from his job.
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June 13, 2024
Labour Manifesto Targets Wealthy To Fill Funding Gaps
Labour set out plans in its election manifesto on Thursday to raise a total of more than £8.5 billion ($10.8 billion) in tax reforms that target wealthy taxpayers, although some analysts questioned whether the measures will add up.
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June 13, 2024
Cleaner's Transfer Claim Was Ignored, Appeals Court Rules
An appellate judge has given a cleaner a second shot at her unfair dismissal claim because a tribunal failed to consider whether her dismissal was connected to her move from one staffing business to another.
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June 13, 2024
Broad Consensus Emerges On Pensions Before UK Election
The U.K.'s pension sector is set for a period of relative stability as the three main political parties this week unveiled manifestos that revealed more consensus than disagreement.
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June 13, 2024
Labour Prioritizes Wealth Creation In Election Manifesto
Keir Starmer said on Thursday that his Labour Party would kick-start a future of "national renewal" if it wins the general election, with economic growth and wealth creation driving a manifesto that lacked any surprise headline pledges.
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June 12, 2024
SRA Files Legal Claim Against Post Office
The Solicitors Regulation Authority has filed a legal claim against the Post Office as part of its ongoing investigation into the Horizon IT wrongful prosecution scandal.
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June 12, 2024
Fix Pension Transfer Rules As 'Matter Of Urgency,' Gov't Told
The Department for Work and Pensions must take immediate and urgent action to address a string of "unnecessary points of friction" around pension transfer flagging rules, wealth management company Quilter PLC said Wednesday.
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June 12, 2024
Gymbox Owner Takes Hit In Wage Spar With Ex-Trainer
London's Gymbox chain must face claims that it owes a personal trainer unpaid wages after an employment tribunal found that the instructor wasn't self-employed during specific tasks, despite contracts indicating that he was.
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June 12, 2024
Gowling, Eversheds Steer £125M Med. Nonprofit Pension Deal
Pension insurance company Rothesay said it has completed a £125 million ($160 million) full scheme buy-in with a plan sponsored by The nonprofit Medical Protection Society Ltd., in a deal steered by Gowling WLG and Eversheds Sutherland.
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June 12, 2024
Female Marketer Unfairly Barred From Meeting Over Gender
A wastewater company harassed its marketing director based on her sex by banning her from a meeting with a Japanese prospective buyer because of the East Asian country's perceived culture of eschewing women in such scenarios, a tribunal has ruled.
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June 12, 2024
Marsh Unit Buys $66B UK Pensions Provider Cardano
A unit of U.S. professional services giant Marsh McLennan has bought $66 billion U.K. pensions provider Cardano, in a deal guided by Norton Rose Fulbright LLP.
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June 12, 2024
Recruitment Agency Boss Wins Libel Appeal At Top UK Court
A recruitment boss and her agency won an appeal against a former employee's libel claims on Wednesday as the highest U.K. court ruled that claimants cannot recover damages for injury to feelings if they do not also suffer financial loss.
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June 11, 2024
5 Tory Manifesto Pledges Employers Should Know
A surprise pledge to cut national insurance was the standout employment policy in the Conservative Party’s election manifesto published on Tuesday. Here are the other takeaways for employers.
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June 11, 2024
KC Advised Post Office To Remove Judge From Horizon Trial
A top barrister advised the Post Office to get a High Court judge to recuse himself from a trial dealing with wrongly prosecuted subpostmasters or else risk losing all litigation brought by the subpostmasters, the barrister recalled in an inquiry hearing Tuesday regarding the scandal.
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June 11, 2024
Surgeon Fights To Overturn Loss In Race Discrimination Case
A surgeon urged the Court of Appeal on Tuesday to revive his race discrimination claim against the medical profession's regulator, arguing that an appellate tribunal was wrong to find that an investigation into him was not racially motivated.
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June 11, 2024
Deutsche Bank Trader Fights For Compensation 'Assurances'
Deutsche Bank executives gave "assurances" about compensation that the lender must now abide by, a former trader told the High Court in London on Tuesday as she sued for breach of contract.
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June 11, 2024
Tesco Loses Race Bias Claim Over Vibrator Joke Gift
Tesco discriminated against a British Pakistani manager by rushing through a misconduct investigation after the manager gave a vibrator as a secret Santa gift and other allegedly harassing incidents, an employment tribunal has ruled.
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June 11, 2024
NHS Board Discriminated Against 'Antivaxxer' Sonographer
A National Health Service board harassed a sonographer and discriminated against her after her inability to wear a face mask during the COVID pandemic led bosses to label her an "antivaxxer," a tribunal has ruled.
Expert Analysis
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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.
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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.
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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.
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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.
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Employment Tribunal Data Offers Workplace Practice Insights
A breakdown of the Ministry of Justice's recent Employment Tribunal figures shows shifting trends among employees, and potential challenges and possible improvement areas for employers, and if the data continues to be published, it could play an essential part in clearing the fast-growing backlog of tribunal matters, says Gemma Clark at Wright Hassall.
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Unpacking The Rwanda Policy Appeal Decision
The Court of Appeal recently declared the U.K. government's Rwanda policy unlawful in AAA v. Secretary of State, but given that this was only on the basis that Rwanda is not currently a safe third country, it is possible that the real risk of Article 3 of the European Convention on Human Rights breaches will be obviated, says Alex Papasotiriou at Richmond Chambers.
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Opinion
Why Menstrual Leave Policies May Be Counterproductive
Efforts to introduce U.K. standards on leave for menstruation, which in practice has been narrowly applied, may be distracting focus from pay gap and family rights laws, and robust sick leave policies that may be more relevant to tackling gender equality in the workplace, say Sean Nesbitt and Sophie Davidson at Taylor Wessing.
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Opinion
UK Noncompete Cap Will Not Grow Business As Intended
The U.K. government's recent response to its 2020 consultation on restrictive covenants has not given any obvious consideration to the position of employers, as there is no evidence supporting its proposition that limiting noncompetes to three months will assist recruitment and help employees find new jobs at often higher pay, says David Whincup at Squire Patton.
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Workplace Neurotech Requires A Balance Of Risk And Reward
The U.K. Information Commissioner's Office's recently released a report on neurotech, and while such technologies could unlock a stubbornly low productivity stagnation, they pose employer data compliance questions and potential employee discrimination risks, say Ingrid Hesselbo and Ben Milloy at Fladgate.
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ITV Scandal Offers Important Considerations On HR Policies
The recent resignation of former ITV host Phillip Schofield after admitting to an affair with a younger staff member raises questions on employers' duty of care and highlights the need for not only having the right internal policies in place but also understanding and applying them, says Hina Belitz at Excello Law.
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What The Italian Whistleblowing Decree Means For Employers
The new Italian whistleblowing decree, guidelines to which must be adopted by authorities this week, represents a major milestone in protecting employees by broadening employers' obligations, and it is essential that multinational companies with an interest in Italy verify their compliance with the more stringent requirements, say lawyers at Studio Legale Chiomenti.
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What TPR's Guidance On DEI Means For Pensions Industry
The Pension Regulator is one of the first regulators to issue guidance on equality, diversity and inclusion, and employers and trustees should incorporate its advice by developing policies and monitoring progress to ensure that improvements are made regularly, say lawyers at Linklaters.
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10 Tips On Drafting A Company Code Of Ethics
In light of a recent report that less than 50% of companies on the FTSE 250 and 350 indexes have a code of ethics, it is clear that more organizations should be informed of the reasons for having one, like reducing risk and solidifying commitment to integrity, and how to implement it, says Shiv Haria-Shah at Fieldfisher.
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Breaking Down Germany's New Whistleblower Protection Act
Germany recently passed a whistleblowing law, which will bring new obligations for companies, and businesses with more than 50 employees must now check whether they have adequate reporting lines in place and properly staffed functions to handle whistleblower reports, say Mark Zimmer and Katharina Humphrey at Gibson Dunn.
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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.