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Employment UK
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October 22, 2024
Financial Ombudsman Beats Ex-Staffer's Whistleblowing Case
The Financial Ombudsman Service has defeated a former employee's claim that it did not offer him a new role due to his alleged whistleblowing, convincing a tribunal in a ruling released Tuesday that his emails were not protected disclosures.
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October 22, 2024
Commerzbank Urges Contempt Case Over False Assault Claim
Commerzbank AG asked a London court in a hearing Tuesday to allow it to bring contempt of court proceedings against a former employee who made false sexual assault allegations against a colleague as part of his failed harassment case against the bank.
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October 22, 2024
Tribunal Judge Reprimanded For 17-Month Delay In Decision
The U.K.'s judicial conduct watchdog said Tuesday that it had issued formal advice to a tribunal judge after a member of the public complained that she had taken more than a year to deliver a judgment.
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October 22, 2024
Director Imprisoned For Concealing £220K Tax Debt
The former director of a wholesale company has been jailed for 10 months after failing to deliver accounting records when his business went into liquidation owing more than £220,000 ($290,000), the Insolvency Service announced Tuesday.
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October 22, 2024
Reforms Set To Foist 15% More Cases On Struggling Tribunals
Even though the U.K. government expects its proposed employment rights law to lead to a 15% rise in cases, it hasn't committed any additional funding for employment tribunals to handle such an increase, which would present an existential threat to the beleaguered system.
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October 22, 2024
Pensions Watchdog Urges Industry To Embrace New Tech
The Pensions Regulator published its digital, data and technology strategy for 2025 on Tuesday with the intent to modernize its operations and encourage similar changes within the pensions industry, including reducing administrative burdens for pension schemes and improving competition.
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October 22, 2024
Charity Trustee Gets 2nd Shot At Whistleblowing Claim
An appellate judge has given the former president-elect of the British Psychological Society a second chance to prove he can pursue a whistleblowing detriment claim in a ruling that could pave the way for wider whistleblowing protections for charity trustees.
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October 21, 2024
Former Unite Official Loses Tribunal Claim Amid Fraud Probe
A tribunal has concluded that a former legal chief at Unite the Union did not face a "baseless" disciplinary investigation in connection with a police raid over a £112 million ($145 million) construction project that has since been referred to the Serious Fraud Office.
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October 21, 2024
UK Defends Employment Rights Bill's £7.4B Cost To Business
The U.K. government defended its Employment Rights Bill as "pro-worker, pro-business and pro-growth" on Monday after it revealed that the landmark legislation is forecast to cost businesses £7.4 billion ($9.6 billion) over the next decade.
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October 21, 2024
Howard Kennedy LLP Ex-Partner Can't Claim £176K
An employment tribunal has dismissed a former partner's claims that Howard Kennedy LLP owed him £176,725 ($230,238) in unpaid wages because he wasn't entitled to employment law protections.
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October 21, 2024
Campaigners To Submit Whistleblowing Protections Bill
Campaigners announced plans Monday to submit a new bill before Parliament that would establish a new government office to crack down on retaliation against whistleblowers who reveal fraud, corruption and misconduct.
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October 21, 2024
Exec Proves Co-Director Harassed Her For Blocking Advances
A recruitment company director harassed a fellow executive by pushing her out of the business after she rejected his sexual advances following a pub crawl, a tribunal has ruled.
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October 21, 2024
Gov't Urged To Reform Pension Lifeboat Levy Rules
The government should bring forward legislation to change how Britain's Pension Protection Fund sets its annual levy, a trade body warned Monday, after the lifeboat scheme announced a £100 million ($130 million) charge on the sector for the coming year.
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October 21, 2024
Medic Wins £6K Over Manager's Offer To Get Her Pregnant
An ambulance medic whose manager asked her if she wanted help getting pregnant has won £6,000 ($7808) in her discrimination claim after a tribunal found her employer failed to take her allegations seriously.
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October 18, 2024
Gov't Warned Over Axing National Insurance Pension Relief
Slashing the tax relief on pension contributions paid by employers could cost businesses nearly £500 ($653) per worker and reduce future retirement savings pots at a time of growing concern that Britons aren't saving enough for later life, Hymans Robertson said Friday.
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October 18, 2024
Solicitor Must Pay For Suing Barrister Repping Ex-Firm
An employment tribunal ordered a solicitor to pay £3,000 ($3,914) to cover costs that his old law firm and its barrister incurred while fighting claims of victimization that the court had no jurisdiction to hear.
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October 18, 2024
Ofsted Unfairly Fired Inspector For Touching Child's Head
England's education and childcare regulator unfairly dismissed one of its inspectors for brushing rain from a student's forehead, a London appeals court has ruled.
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October 18, 2024
Post Office GC Says Legal Strategy Flawed By Group Think
The Post Office's top lawyer told the inquiry into the Horizon accounting scandal on Friday that the organization's approach to litigation with wrongly convicted subpostmasters was "flawed" and its legal advisers fell victim to "group think."
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October 18, 2024
Insurance Deals Boom May Yield Admin Clog, Hymans Warns
The pensions risk transfer market has seen 600 buy-in deals completed since 2022, amid a boom in such transactions that could create an administration bottleneck as they advance to fall directly under insurers, Hymans Robertson said Friday.
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October 18, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Professor Cat Jarman, Earl Spencer's new girlfriend, sue his ex-wife, Bitcoin fraudster Craig Wright file a £911 billion ($1.18 trillion) claim against BTC Core, journalist Oliver Kamm hit novelist Ros Barber with a defamation claim, and a barrister at Cloisters face a claim from a former client. Here, Law360 looks at these and other new claims in the U.K.
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October 18, 2024
Teacher Wins £14K For Dismissal Linked To Racism Claims
An employment tribunal ordered a primary school to pay £14,733 ($19,216) to a Black teacher it hurriedly ousted after considering that her accusations of "blackophobia" against senior colleagues broke down their working relationship beyond repair.
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October 18, 2024
Opera Coach Axed After Pronoun Complaints Wins Claim
An opera training organization unfairly fired a conductor in the wake of complaints over the pronouns he used to refer to another artist, a tribunal has ruled.
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October 18, 2024
DPD Driver Wins £20K Over Colleagues' Flexible Hours Gossip
A DPD delivery driver has been awarded more than £20,000 ($26,000) after a tribunal found his colleagues gossiped about the flexible hours he worked to allow him to accommodate the birth of his daughter, but ruled that the delivery company did not unfairly dismiss him.
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October 25, 2024
Mishcon Hires Employment Partner In London From BCLP
Mishcon has hired a new employment law partner from Bryan Cave Leighton Paisner LLP to work in its London office, with the new arrival hinting on Friday that the move has been on the cards for some time.
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October 18, 2024
Gowling Steers Engineering Biz On £70M Aviva Pension Deal
Gowling WLG has guided the trustee of the pension plan of Rotork, a U.K. manufacturer of industrial valves, on a £70 million ($91.3 million) buy-in transaction with Aviva, meaning the company's scheme is now fully insured.
Expert Analysis
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How Employers Can Support Neurodiversity In The Workplace
A recent run of cases emphasize employers' duties to make reasonable adjustments for neurodiverse employees under the Equalities Act, illustrating the importance of investing in staff education and listening to neurodivergent workers to improve recruitment, retention and productivity in the workplace, say Anna Henderson and Tim Leaver at Herbert Smith.
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Retained EU Law Act Puts Employment Rights Into Question
The recent announcement that the equal pay for equal work provisions of the Treaty on the Functioning of the EU would not be repealed by the U.K. Retained EU Law Act has created uncertainty as to whether key employment rights will be vulnerable to challenge, say Nick Marshall and Louise Mason at Linklaters.
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Employers Can Expect More Emphasis On Work Culture Regs
The U.K. government has recently backed a package of employment legislation, including an act that granted the right to request a predictable working pattern, reflecting an increased understanding of how workplace culture feeds into hiring decisions and the ability to retain employees, says Christopher Hitchins at Katten.
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Employer Due Diligence Lessons From Share Scheme Case
The Scottish Court of Session recently confirmed in Ponticelli v. Gallagher that the right to participate in a share incentive plan transfers to the transferee, highlighting the importance for transferee employers to conduct comprehensive due diligence when acquiring workforce, including on arrangements outside the employment contract's scope, say lawyers at McDermott.
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How Insurance Policies Can Cover Generative AI Risks
As concerns rise about the new risks that businesses face as a result of generative artificial intelligence tools, such as AI-facilitated hacking and intellectual property infringement, policyholders should look to existing insurance policies to cover losses or damages, says Josianne El Antoury at Covington.
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'Right To Disconnect' On The Rise Amid Remote Work Shift
Amid the recent shift to remote work, countries are increasingly establishing regulatory frameworks supporting employees' rights to disconnect, which brings advantages for both companies and their workers, say Stefano de Luca Tamajo and Camilla De Simone at Toffoletto De Luca.
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Balancing DEI Data Collection And Employee Privacy Rights
Despite an increased focus on developing inclusive workplace culture, recent research shows that discrimination remains pervasive in the U.K., highlighting the importance for employers to think carefully about what diversity data is needed to address existing inequalities, say attorneys at MoFo.
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How A Proposed Bill Could Change Workplace Bullying Law
If the U.K. government adopts the recently proposed Bullying and Respect at Work Bill, victims of bullying in any workplace would have the right to claim separately and specifically for bullying, as opposed to relying on the other claims currently available, so a key challenge will be how bullying is defined within the legislation, says Ranjit Dhindsa at Fieldfisher.
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Employers Should Prepare For UK Immigration Changes
In light of the U.K. government's recent proposal to raise civil penalties for illegal working breaches and toughen visa sponsorship rules, employers should ensure they have foolproof systems for carrying out compliance checks and retaining specified documentation, says Annabel Mace at Squire Patton.
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Pension Plan Amendment Power Lessons From BBC Ruling
The High Court's recent ruling in BBC v. BBC Pension Trust upheld an unusually restrictive fetter on the pension scheme's amendment power, which highlights how fetters can vary in degrees of protection and the importance of carefully considering any restriction, says Maxwell Ballad at Freeths.
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What To Know About The EU Residency Scheme Changes
The U.K. government recently announced extensions to residency status under the EU Settlement Scheme, which is a net positive for U.K.-EU relations and will be welcomed by those affected, including employers concerned about losing employees with expired permission, say Claire Nilson and Abilio Jaribu at Faegre Drinker.
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FCA Consumer Duty May Pose Enforcement Challenges
The new U.K. Financial Conduct Authority consumer duty sets higher standards of customer protection and transparency for financial services firms, but given the myriad products available across the sector, policing the regulations is going to be a challenging task, says Alessio Ianiello at Keller Postman.
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Employer Strategies For Fixing Motherhood Pay Gap
Armed with an understanding of new research from The Fawcett Society covering the impact of motherhood on the pay and economic engagement of different ethnic groups, there are a number of tools employers can leverage to reduce the pay gap, say Simon Kerr-Davis and Kloe Halls at Linklaters.
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How The UK Visa Scheme Expansion May Plug Labor Gaps
Amid ongoing labor shortages, the U.K. government's proposed expansion of the youth mobility scheme could address gaps in the retail and hospitality sectors by freeing employers of the cost and bureaucracy associated with sponsorship, says Katie Newbury at Kingsley Napley.
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Key Changes In Belarusian Foreign Labor Migration Law
Employers should be aware of the recent changes to the labor migration law in Belarus, which provides new permit requirements and amends employers' obligations toward employed migrants, to avoid unnecessary time and financial waste, says Stefan Tomchyk at Sorainen.