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Employment UK
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November 15, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Ocado file an intellectual property claim against an African fruit and vegetable importer, a claim filed against a Swiss bank founded by Indian billionaire Srichand Parmanand Hinduja and 300 individuals sue travel company TUI. Here, Law360 looks at these and other new claims in the U.K.
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November 15, 2024
Ex-Freshfields Partner Suspended Over Inappropriate Conduct
A former partner with Freshfields will face a two-year suspension and a costs bill of £66,000 ($83,500), the profession's disciplinary tribunal has ruled after finding that he had engaged in "inappropriate and unwanted conduct" while employed at the firm.
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November 15, 2024
TPR's New Pension Funding Code Will Bring Clarity For Sector
Most pension professionals believe the funding code for defined benefit retirement savings plans launched by The Pensions Regulator this week will bring greater clarity in the sector, a trade body has said.
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November 15, 2024
Beauty Co. Must Face Claim Over 'Anti-Chinese' Harrods Stall
A beauty consultant has won another attempt at proving there was an "anti-Chinese culture" at her company's counter at Harrods department store as she persuaded an appeals tribunal that a judge had been too quick to shoot down her case.
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November 14, 2024
Cambridge University Staff Sue Over Belated Worker Status
Exam writers are suing the University of Cambridge over their historic employment status, arguing that a recent contract change giving them workers' rights should extend back decades.
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November 14, 2024
Unions' Win Adds Pressure To Get Pay Deals Right First Time
A ruling by Britain's highest court has made it clear that collective agreements between employers and trade unions cannot be rectified after they have been incorporated into employees' individual contracts. And lawyers say that puts employers under pressure.
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November 14, 2024
Just Group Pens £1.8B Private Security Biz Pension Deal
Insurer Just Group on Thursday said it has penned its largest pension deal by taking on £1.8 billion ($2.3 billion) of retirement savings liabilities from a scheme sponsored by private security giant G4S Ltd., in a deal guided by three leading law firms.
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November 14, 2024
Basketball League Must Repay £13K Wages To Fired Director
The former director of a professional basketball league was awarded just over £13,000 ($16,500) on Thursday after convincing the Employment Tribunal that the league made unlawful deductions from his wages when it fired him in July without notice.
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November 14, 2024
Proposed Pension Megafunds Create New Risks For Savers
The U.K. government's plans to drum up more long-term investment in the U.K. economy by creating pension megafunds designed could create new risks for the retirement savings of millions of workers, experts warned.
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November 14, 2024
Finance Officer Can't Void Settlement Blocking Bias Claim
A tribunal has blocked an attempt by a finance officer to unwind a settlement that prevents him from suing his former employer for discrimination, ruling that his depression did not mean he lacked the mental capacity to strike the deal.
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November 13, 2024
Ex-CBA Chief Sexually Exploited Law Students, BSB Says
The English barristers regulator told a disciplinary tribunal Wednesday that Jo Sidhu KC, former chair of the Criminal Bar Association, abused his power and influence to sexually exploit young women aspiring to be lawyers.
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November 13, 2024
Gov't Sets Out Major £80B Pension Investment Reforms
The U.K. government on Wednesday set out landmark reform to create new pension megafunds that together will invest an additional £80 billion ($102 billion) into the economy.
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November 13, 2024
Pension Dashboards A '£2B Time Bomb,' Master Trust Warns
The arrival of the pensions dashboards project could cause savers to lose over £2 billion ($2.5 billion) before 2030 because of poorly informed transfer decisions, a pension provider warned on Wednesday, calling for comparable value-for-money metrics on the portals.
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November 13, 2024
Tribunal Sides With Receptionist Ousted After Maternity Leave
A hospital "undermined" and "ignored" a reception manager after she returned from maternity leave, forcing her to quit, an employment tribunal has ruled, though it dismissed the former manager's claims that she was discriminated against or faced harassment.
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November 13, 2024
Pension Watchdog Lays Out Law For New Collective Schemes
The retirement savings watchdog set out on Wednesday how it will intervene if a new generation of collective pension plans are not being properly run, warning that it will act if it sees a risk to savers.
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November 13, 2024
UK Tax Hikes Will Drive Inflation, Industry Group Head Says
The U.K. is set for more price rises in shops as a result of the tax increases in the autumn budget hitting many businesses, the chairman of a retail industry group warned Wednesday.
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November 13, 2024
Police Staffer Can't Claim Depression Led To Porn Compulsion
A police employee cannot revive claims that the South Yorkshire force unfairly kicked him out for watching pornography on his work laptop, as an appellate tribunal confirmed that his depression was not sufficiently severe to affect his behavior.
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November 13, 2024
£100K Gender Pensions Gap Will Take 20 Years To Close
The gender pensions gap of approximately £100,000 ($127,500) in favor of men is projected to take at least 20 years to close without more aggressive measures, according to a report published Wednesday by Scottish Widows.
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November 13, 2024
Employers Can't Rectify Collective Contracts, Top Court Rules
Rail operator Nexus is not entitled to change a pay clause in a collective agreement with its employees' unions because that agreement is not a contract open to rectification, Britain's highest court ruled Wednesday on the decadelong dispute.
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November 12, 2024
Ex-CBA Chief Jo Sidhu Loses Privacy Bid In Harassment Case
The former chair of the Criminal Bar Association on Tuesday lost his bid to have a sexual harassment case against him heard behind closed doors, with a disciplinary tribunal ruling that the case should be held in public.
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November 12, 2024
Chaplain Loses Bishop Disciplinary Challenge In LGBT Row
A chaplain who criticized his school's LGBT inclusivity policy failed on Tuesday in his attempt to challenge a decision not to refer the bishop who marked him as a safeguarding risk to a disciplinary tribunal.
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November 12, 2024
Pensions Regulator Can't Defend Claims After Delayed Reply
A case manager can seek a default judgment in his claim for unfair dismissal and disability bias after an employment tribunal ruled that the U.K.'s pensions agency couldn't justify filing its defense 53 days late.
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November 12, 2024
NHS Medic Loses Appeal Over Health & Safety Whistleblowing
A paramedic has failed to convince a London appeals judge that a National Health Service trust punished him for blowing the whistle on an emergency call handler's health and safety failings.
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November 12, 2024
Gov't Could Get £200B Investment Boost From LGPS Overhaul
The U.K. could free up £200 billion ($256 billion) for investment in national infrastructure projects by reforming the Local Government Pension Scheme into a Canadian-style megafund, an insurer has predicted.
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November 12, 2024
Ex-HR Worker Loses Appeal Over Disability Evidence
An appellate tribunal has ruled that a former human resources assistant cannot pursue his claims for disability discrimination against a forestry agency owned by the Scottish government, finding that there was not enough evidence to prove his alleged disability of depression.
Expert Analysis
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Crypto As A Coin Of The Corporate Realm: The Pros And Cons
The broadened range of crypto-assets opens up new possibilities for employers looking to recruit, incentivize and retain employees through the use of crypto, but certain risks must be addressed, say Dan Sharman and Sunny Mangatt at Shoosmiths.
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Employer Tips For Handling Data Subject Access Requests
As employers face numerous employee data-subject access requests — and the attendant risks of complaints to the Information Commissioner's Office — issues such as managing deadlines and sifting through data make compliance more difficult, highlighting the importance of efficient internal processes and clear communication when responding to a request, say Gwynneth Tan and Amy Leech at Shoosmiths.
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Employer Tips For Navigating The Growing 'Workcation' Trend
While the trend of working remotely from a holiday property may be attractive to workers, employers must set clear guidelines to help employees successfully combine work and leisure without implicating legal risks or compromising business efficacy, says Amy Leech at Shoosmiths.
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Opinion
UK Whistleblowers Flock To The US For Good Reason
The U.K. Serious Fraud Office director recently brought renewed attention to the differences between the U.K. and U.S. whistleblower regimes — differences that may make reporting to U.S. agencies a better and safer option for U.K. whistleblowers, and show why U.K. whistleblower laws need to be improved, say Benjamin Calitri and Kate Reeves at Kohn Kohn.
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No-Poach Agreements Face Greater EU Antitrust Scrutiny
EU competition authorities are increasingly viewing employer no-poach agreements as anti-competitive and an enforcement priority, demonstrating that such provisions are no longer without risk in Europe, and proving the importance of understanding EU antitrust law concerns and implications, says Robert Hardy at Greenberg Traurig.
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Water Special Administration Changes May Affect Creditors
Following the publication of new legislation, changes are afoot to the U.K. government's statutory regime governing special administrations for regulated water companies — and one consequence may be that some creditors of such companies will find themselves in a more uncertain position, say Helena Clarke and Charlotte Møller at Squire Patton.
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Opinion
Labour Should Reconsider Its Discrimination Law Plans
While the Labour Party's recent proposals allowing equal pay claims based on ethnicity and disability, and introducing dual discrimination, have laudable intentions and bring some advantages, they are not the right path forward as the changes complicate the discrimination claim process for employees, say Colin Leckey and Tarun Tawakley at Lewis Silkin.
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Tracing The History Of LGBTQ+ Rights In The Workplace
Pride History month is a timely reminder of how recent developments have shaped LGBTQ+ employees' rights in the workplace today, and what employers can do to ensure that employees are protected from discrimination, including creating safe workplace cultures and promoting allyship, say Caitlin Farrar and Jessica Bennett at Farrer.
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Ruling In FCA Case Offers Tips On Flexible Work Requests
In Wilson v. Financial Conduct Authority, the Employment Tribunal recently found that the regulator's rejection of a remote work request was justified, highlighting for employers factors that affect flexible work request outcomes, while emphasizing that individual inquiries should be considered on the specific facts, say Frances Rollin, Ella Tunnell and Kerry Garcia at Stevens & Bolton.
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Breaking Down The New UK Pension Funding Regs
Recently published U.K. pension regulations, proposing major changes to funding and investing in defined benefit pension schemes, raise implementation considerations for trustees, including the importance of the employer covenant, say Charles Magoffin and Elizabeth Bullock at Freshfields.
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Pension Scheme Ruling Elucidates Conversion Issues
In Newell Trustees v. Newell Rubbermaid UK Services, the High Court recently upheld a pension plan's conversion of final salary benefits to money purchase benefits, a welcome conclusion that considered several notable issues, such as how to construe pension deeds and when contracts made outside scheme rules can determine benefits, say Ian Gordon and Jamie Barnett at Gowling.
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Workplace Bullying Bill Implications For Employers And Execs
In light of the upcoming parliamentary debate on the Bullying and Respect at Work Bill, organizations should consider how a statutory definition of "workplace bullying" could increase employee complaints and how senior executives would be implicated if the bill becomes law, says Sophie Rothwell at Charles Russell.
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Amazon's €32M Data Protection Fine Acts As Employer Caveat
The recent decision by French data privacy regulator CNIL to fine Amazon for excessive surveillance of its workers opens up a raft of potential employment law, data protection and breach of contract issues, and offers a clear warning that companies need coherent justification for monitoring employees, say Robert Smedley and William Richmond-Coggan at Freeths.
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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.