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Employment UK
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May 13, 2024
Irked Autonomy Judge Vents On HP Fraud Trial's Slow Pace
U.S. District Judge Charles Breyer on Monday blasted lawyers for the government and two former Autonomy Corp. PLC executives in a criminal fraud case over the trial's slow progress, saying he's "annoyed," but also "complicit" because he "did not take more of a controlling posture."
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May 13, 2024
Coastguard Volunteer Wins Appeal Over Worker Status
A coastguard volunteer's contractual relationship with a maritime rescue agency and his subsequent right to be paid meant that he held worker status before bosses cut him loose, a London appeals tribunal has ruled.
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May 13, 2024
Trinity College Librarian Loses Race Bias Claim Over Contract
A librarian at Cambridge's Trinity College has lost her claim accusing the 478-year-old college of race discrimination after an employment tribunal found the college's contracts did not treat those who need to travel abroad to see family less favorably.
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May 13, 2024
Law Firm Beats Paralegal's COVID Whistleblower Claim
An employment tribunal has dismissed a former paralegal's claim alleging she was unfairly dismissed for raising complaints about her mentor's behavior and COVID-19 practices, finding the disclosures didn't play a part in the firm's decision to fire her.
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May 13, 2024
Barrister May Have 'Dozed Off' For Medical Reasons, She Says
A barrister denied undermining the public's trust in the legal profession on Monday after she was brought before the barristers' tribunal for allegedly falling asleep during a coroner's inquest in which she was acting as counsel.
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May 13, 2024
Warning On Surge In Mortgages Going Beyond Retirement
Almost half of new mortgages issued in Britain toward the end of 2023 reach beyond the state pension age, figures published on Monday show, raising the risk of an impending retirement crisis.
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May 13, 2024
Biotech Biz OK To Fire CEO For Attempted Board Coup
The sacked boss of a biotechnology startup cannot challenge the decision of his ex-employers to fire him for staging an attempted coup against the board because he had not held his post for two years before his dismissal, a tribunal has ruled.
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May 13, 2024
Demand Grows For Cross-Border Pensions In Unstable States
Cross-border pension and saving plans have more than doubled in just five years, with much of the growth in schemes covering employees in unstable countries, according to a survey published Monday.
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May 10, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen Playtech file an intellectual property claim against online casino company OnAir Entertainment amid allegations of corporate spying, a broadcast equipment company sue its former owner amid allegations he conspired to inflate a customer’s finances, and aerospace company Vertical Aerospace hit a manufacturer with a claim following a test flight crash. Here, Law360 looks at these and other new claims in the U.K.
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May 10, 2024
Gov't Agency Fights To Limit Damages For Race Bias Claim
A government procurement agency accused a former employee of lying in a remedy hearing Friday as she fights for a payout on her racial discrimination claim, arguing she should only be entitled to £10,000 ($12,500) in compensation for her successful claim as a result.
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May 10, 2024
Commerzbank Analyst To Pay £20K After False Allegations
A financial analyst has lost all his claims of harassment, sexual harassment, victimization and race discrimination at the hands of Commzerbank, as the Employment Tribunal found that some allegations were "pure inventions" and ordered him to hand over £20,000 ($25,000).
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May 10, 2024
Costs Of Pension Portals Rise £54M Over Launch Delays
The cost of building new online pensions dashboards has risen by £54 million ($67.6 million) in three years as the project has faced delays due to poor governance, a damning report by the public sector audit watchdog said on Friday.
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May 10, 2024
Ofsted Unfairly Fired Disabled Staff Over Call Center Dispute
Schools inspection body Ofsted unfairly dismissed two long-serving employees after forcing them to take on new duties at a call center that they couldn't perform because of medical problems, an employment tribunal has ruled.
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May 10, 2024
Burges Salmon Steers £100M Pension Deal For Rathbones
Insurer Canada Life said it has completed a £100 million ($125.1 million) buy-in with the pension schemes of investment and wealth management company Rathbones Group PLC, in a deal steered by Burges Salmon LLP.
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May 10, 2024
Halfords Worker Mocked With African Accent Wins £53K
A tribunal has awarded a former manager at auto repair and cycling retailer Halfords more than £53,000 ($66,000) after ruling that his co-worker harassed him because of his race by imitating an African accent.
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May 09, 2024
Court Staffer Wins Claim That Office Work Was Discriminatory
An administrative officer at a London magistrates court has won her employment tribunal claim accusing the court of unlawfully disciplining her for missing work because of her chronic pain condition.
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May 09, 2024
Royal Bank Of Canada Beats Analyst's Bullying Claim
The Royal Bank of Canada convinced an employment tribunal to toss discrimination claims from a former employee because he filed his action too late.
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May 09, 2024
Pension Watchdog In Talks With Gov't Over New Remit
The U.K.'s retirement savings watchdog said it is in talks with the government on formally extending its remit to encompass pension scheme administrators.
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May 09, 2024
Aviva Takes On Construction Co. Pension Scheme In Full
Insurance giant Aviva has secured the benefits of all uninsured final salary members of a pension plan sponsored by a British construction group in a deal guided by CMS.
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May 09, 2024
University Not Liable For Staffer's Remark At Social Event
A former university member of staff cannot hold her old employers liable for a colleague's warning at a social gathering over her legal claims against the institution because he was not acting in the course of his employment, a tribunal has ruled.
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May 08, 2024
Ex-Student Union Leader Settles Anti-Zionist Beliefs Claim
The former president of the National Union of Students, who was ousted over allegations of antisemitism, has settled her discrimination claim with the organization, her lawyers said.
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May 08, 2024
Marsh Can't Duck Chemical Co.'s Negligence Claim
A London court on Wednesday refused Marsh's bid to strike out a global chemicals group's claim alleging the insurance broker negligently arranged faulty motor insurance cover.
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May 08, 2024
Solicitor Struck Off For Asking Client For Sexual Images
A tribunal struck off a solicitor on Wednesday after concluding that he dishonestly persuaded a vulnerable client to send him sexually explicit images by falsely claiming he needed them to prevent her ex-husband from posting them as revenge porn.
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May 08, 2024
Top KC Denies Ignoring Post Office Prosecution Issues
A barrister who advised the Post Office on its past prosecutions has denied "turning a blind eye" by not investigating why an expert witness whose evidence was used to convict innocent people misled the courts, as he appeared before an inquiry on Wednesday.
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May 08, 2024
Insurer Claims 400 Pension Deals Penned In 12 Years
Insurer Just Group said Wednesday it has completed 400 pension transfer deals since it launched in 2012, adding that the year ahead is poised to break more records in the retirement savings de-risking market.
Expert Analysis
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Employer Lessons From Ruling On Prof's Anti-Zionist Views
In Miller v. University of Bristol, an employment tribunal recently ruled that a professor's anti-Zionist beliefs were protected by the Equality Act 2010, highlighting for employers why it’s important to carefully consider disciplinary actions related to an employee's political expressions, says Hina Belitz at Excello Law.
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ECJ Ruling Clarifies Lawyer Independence Questions
The European Court of Justice's recent ruling in Bonnanwalt v. EU Intellectual Property Office, finding that a law firm had maintained independence despite being owned by its client, serves as a pivotal reference point to understanding the contours of legal representation before EU courts, say James Tumbridge and Benedict Sharrock-Harris at Venner Shipley.
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How Employers Should Respond To Flexible Work Requests
U.K. employees will soon have the right to request flexible working arrangements from the first day of employment, including for religious observances, and refusing them without objective justification could expose employers to indirect discrimination claims and hurt companies’ diversity and inclusion efforts, says Jim Moore at Hamilton Nash.
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What COVID Payout Ruling Means For Lockdown Loss Claims
While the High Court's recent COVID-19 payout decision in Gatwick v. Liberty Mutual, holding that pandemic-related regulations trigger prevention of access clauses, will likely lead to insurers accepting more business interruption claims, there are still evidentiary challenges and issues regarding policy limits and furlough, say Josianne El Antoury and Greg Lascelles at Covington.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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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.