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Employment UK
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May 28, 2024
Police To Expand Criminal Probe Into Post Office Scandal
The criminal investigation into the Post Office IT scandal will be expanded to examine whether senior executives should be charged with perjury and perverting the course of justice, the Metropolitan Police said Tuesday, the latest chapter in the major miscarriage of justice.
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May 28, 2024
Pension Deals Market Working For Small Providers, Aon Says
The deal market for small pension schemes looking to offload their liabilities to insurers is working despite fears that such plans are being crowded out of the market, Aon said Tuesday.
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May 28, 2024
NatWest Unaware Of Former Trader's Asperger's Diagnosis
A former NatWest trader has lost his bid to revive his disability discrimination claim against the high street lender's investment banking arm as an appeals tribunal upheld findings that it did not know about his Asperger's syndrome diagnosis when he unsuccessfully applied to rejoin the company.
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May 24, 2024
The UK Laws That Will Pass Or Fail As Election Looms
Prime Minister Rishi Sunak's decision to call an early general election to be held on July 4 has left several pieces of legislation hanging in the balance during the so-called "wash-up" period before Parliament is formally dissolved, while others have been pushed through.
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May 24, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen an IT engineer seek permission to search a landfill hiding a hard drive supposedly storing millions of pounds in bitcoin, Glencore take on legal action by American Century Investments, gold payment app Glint bring a breach of duty claim against FRP Advisory, and an ongoing dispute between a solicitor and the Solicitors Regulation Authority. Here, Law360 looks at these and other new claims in the U.K.
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May 24, 2024
Snap July 4 Election Leaves Pension Reform In Disarray
The government's decision to call a snap general election for July 4 has left the U.K.'s pension sector in limbo, experts say, with uncertainty over whether the next administration will continue with an ambitious reform program.
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May 24, 2024
Generali Italia Denies Owing £1M To Exec With Eye Disease
Italy's largest insurance company has denied that it owes more than £1 million ($1.2 million) in incapacity benefits and damages to a Quest Software sales director suffering from a degenerative eye disease after rejecting his claim.
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May 24, 2024
Ex-Post Office Boss Blames Scandal On Bad Legal Advice
Paula Vennells blamed the advice of her senior lawyers for not becoming aware of the wrongful prosecutions by the Post Office of innocent people based on faulty IT data, as she gave evidence to the inquiry into the scandal Friday.
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May 24, 2024
Labour Victory Would Bring 'Sea Change' In Employment Law
Victory for the Labour Party on July 4 could bring the most significant shift in employment law in a generation, lawyers said after the prime minister called the general election.
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May 24, 2024
No Easy Fix For Pensions Marketing Rules, Minister Warns
The government has said that there is no straightforward way to fix a quirk of privacy rules that discourages pension providers from sending emails to retirement savers.
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May 24, 2024
Ex-Aviva Staffer's Tribunal Outbursts Not A Bar To Fair Trial
Aviva must face a former employee's discrimination claim even though her actions during hearings — including accusations of institutional racism in employment cases — is likely to prevent the trial being fair, a tribunal has ruled.
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May 23, 2024
Bipolar Flight Attendant Wins Retrial Of 'Unfit To Fly' Verdict
A flight attendant with bipolar disorder revived her claims of disability discrimination against CAE Crewing Services after an appellate judge in London concluded that the tribunal hearing the claims misinterpreted a vicarious liability law.
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May 23, 2024
Ex-Post Office Boss Told Reviewing Cases Would Be Bad PR
Former Post Office boss Paula Vennells denied that avoiding becoming "front page news" influenced her decision to limit a review of past convictions based on faulty IT data in her evidence to the inquiry into the Post Office scandal on Thursday.
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May 23, 2024
Royal Mail Delivery Driver Loses Case Over 'Jokey' Threat
Royal Mail cannot be faulted for firing a delivery driver who threatened to blow up a colleague's car in a WhatsApp message if the colleague didn't join the picket line, an employment tribunal has ruled.
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May 23, 2024
Struck-Off Lawyer Loses Bid To Challenge Contempt Sentence
A struck-off solicitor lost her attempt on Thursday to get a second shot at reviving her appeal against a prison sentence for contempt of court as the appeals court found that she had failed to argue that she had been medically unfit to argue at her first appeal.
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May 23, 2024
Pension Plans Must Get Handle On Data Quality, TPR Says
Retirement savings plans in the U.K. face increased regulatory scrutiny to ensure that Britain has the best possible standards on safeguarding the personal data of clients, the pensions watchdog has said.
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May 22, 2024
Staffer's Pre-Prepared Resignation Letter Not Discriminatory
A designer has lost her discrimination claim against an investment company after failing to prove that her bosses mistreated her — including by asking her to sign a pre-prepared resignation letter — because she is a Chinese woman.
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May 22, 2024
HSBC Can't Use Brexit To End UK Role In EU Body, Staff Say
High street lender HSBC is obligated to keep the U.K. arm of its European works council despite Brexit, the representative body for European staff argued Wednesday as it challenged a ruling that the bank could exclude the U.K. once it left the European Economic Area.
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May 22, 2024
Hilco Exec Wins £296K After Being Sacked For Whistleblowing
A tribunal has awarded a former Hilco Capital Ltd. HR director almost £296,000 ($377,000) in compensation after she was unfairly sacked for blowing the whistle over alleged banking irregularities.
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May 22, 2024
Employment Law Biz Reprimanded Over 'Misleading' Ad
A British company offering human resources and employment law advice has been reprimanded by the U.K. advertising regulator for sending a misleading marketing letter, with the correspondence appearing to be from a public body.
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May 22, 2024
UK Gov't Calls Elections For July 4 Despite Poor Polls
Prime Minister Rishi Sunak on Wednesday called an early general election to be held on July 4, advancing the electoral timetable even though his Conservative Party lags decisively behind the opposition Labour Party.
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May 22, 2024
Ex-Post Office Boss Didn't Know Business Prosecuted People
Former Post Office boss Paula Vennells denied on Wednesday that she knew the organization conducted its own prosecutions, telling the inquiry into its wrongful prosecution of innocent sub-postmasters she became aware of the power to prosecute only several years after she joined.
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May 22, 2024
Home Secretary Fights Disability Case For Injured Officers
Two police forces argued at the Court of Appeal on Wednesday that injured officers should not be able to take their disability claims to the employment tribunals, claiming that benefits for injured police are not pensions and are therefore an employment matter.
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May 22, 2024
Aspiring Judge Can't Reopen Race Bias Case
An Asian-British solicitor has failed to persuade an employment tribunal to reconsider his race discrimination claims against a High Court judge who dismissed his application because he filed his request too late.
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May 22, 2024
Gov't Dismisses 'Arbitrary Deadline' On Pensions Redress
The government on Wednesday shrugged off calls to draw up plans by the summer for a redress program for millions of women who have been underpaid under state pension plans.
Expert Analysis
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UK-Based LLP Partners Now Enjoy More Protections
The crux of the debate in Bates van Winklehof v. Clyde & Co LLP was whether a partner could be considered a “worker” under U.K. law. The U.K. Supreme Court's holding will have potentially wide-reaching implications for LLPs with U.K.-based partners, say Katie Clark and Sharon Tan of McDermott Will & Emery LLP.
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Mapping The Revised UK Takeover Landscape
The key impact of recent and impending changes to the U.K. Takeover Code for private equity bidders is that a bidder is now required to disclose its plans for employer contributions to the target’s defined benefit pension schemes, including the current arrangements for funding any scheme deficit, say attorneys with Debevoise & Plimpton LLP.
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Religious Freedom In The Workplace: UK Edition
Recently, four U.K. cases concerning whether each employee had been discriminated against on the grounds of religion culminated in the European Court of Human Rights' decision in Eweida and Others v. the United Kingdom. As demonstrated by these cases, it appears that aims such as the protection of other human rights carry more weight than projecting a certain corporate image, say attorneys with Latham & Watkins LLP.
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4 Big Changes Coming To UK Private Antitrust Enforcement
The U.K. government recently published its response to its consultation on private actions in competition law. If implemented, the proposals to introduce opt-out collective actions and settlement procedures for businesses and consumers as well as a fast-track process are likely to increase significantly the number of claims started in the U.K., say attorneys with Allen & Overy LLP.
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10 Tips For An Effective Cross-Border Investigation
Multinational employers may find themselves investigating alleged wrongdoing that occurred in more than one nation, and U.S.-based lawyers and human resources executives often coordinate and directly carry out investigations overseas. But before boarding an international flight to interview witnesses or to review personnel files, in-house counsel and HR executives need to understand that the rules are different when it comes to conducting international investigations, says Philip Berkowitz of Littler Mendelson PC.
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Choice-Of-Law Clauses: Drawbacks For Employers
The problem with an employment context choice-of-law clause is that it implicates tougher employment laws of the selected jurisdiction without blocking the mandatory application of tougher employment protection laws. The multinational employer now has to comply with two sets of employment protection laws, rather than just one, says Donald Dowling of White & Case LLP.
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Spotlight On UK's Changing Employment Laws
The U.K. government recently announced that it is consulting on proposals, which, if implemented, will have a significant impact on the U.K. workplace and employment litigation. With these, plus other ongoing bills, proposals, reviews and consultations, it appears that employer-friendly legislation is on the horizon for 2013, says Suzanne Horne of Paul Hastings LLP.
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Determining Whose Laws Protect Border-Crossing Employees
Probably the most common question in international employment law practice is, "which countries’ employment laws protect border-crossing employees such as expatriates and mobile workers?" This question is relevant when arranging any mobile job, expatriate posting or “secondment,” and it becomes vital when a multinational needs to dismiss border‑crossing staff, says Donald Dowling or White & case LLP
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UK Reforms: A New Era In Criminal Cartel Enforcement?
A law before U.K. Parliament, the Enterprise and Regulatory Reform Bill, aims to achieve "strong, sustainable and balanced growth" through wide-ranging measures that seek to improve several areas of the law. In particular, the proposed competition law reforms represent a major re-casting of the U.K. regime, say Becket McGrath and Trupti Reddy of Edwards Wildman Palmer LLP.
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Recent Developments In German Competition Law
The first half of 2012 saw again significant enforcement activity at the German Federal Cartel Office. The authority prohibited two mergers, imposed fines on three cartels, installed an anonymous whistleblower system, and started the second phase of its food sector inquiry, say Silvio Cappellari and Maria Held of Arnold & Porter LLP.
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Weighing UK Pensions Regulator's Moral Hazard Powers
The question of whether the U.K. Pension Regulator's moral hazard powers are enforceable outside the U.K. arose first in the Sea Containers case in 2008 and, more recently, in the cases of the Nortel Networks’ U.K. DB Scheme and the Great Lakes DB Scheme. The differing approach of the Pension Regulator, the U.S. Bankruptcy Court and the Canadian courts in each of these cases is noteworthy, say Sian Robertson of Greenberg Traurig Maher LLP and David Cleary of Greenberg Traurig LLP.
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Extra-Territorial Application Of The Automatic Stay
A recent decision in the Nortel Networks Chapter 11 proceedings demonstrates the difficulty of an expansive approach to U.S. bankruptcy court jurisdiction and calls into question the ability of claimholders to participate in statutorily mandated foreign proceedings without risking loss of their claims and potential sanctions in the U.S. bankruptcy court, say Steven R. Gross, Katherine Ashton and Shannon Rebholz of Debevoise & Plimpton LLP.
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Effective Management Of UK Employee Exits
This article aims to explain in general terms the protections that apply to employees in the United Kingdom and the choices available to an employer in relation to possible employee terminations — along with the relative risk and costs when deciding how to terminate, says Bettina Bender of CM Murray LLP.
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Trends For Encouraging Employee Whistleblowing
There appears to be little doubt that there is an emerging international consensus that whistleblowing is a legitimate tool for dealing with economic fraud and should be encouraged as one way of stemming such wrongdoing, say Eric A. Savage and Anita S. Vadgama of Littler Mendelson PC.
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U.S. Incentives, EU Employees And Conflicts Of Law
U.S. employers frequently offer senior employees who are based overseas the opportunity to participate in incentive and bonus arrangements that contain provisions protecting the employer’s interests. Any doubt concerning the enforceability of such provisions in the EU now appears to have been resolved in the employees’ favor, say Christopher K. Walter and Mark M. Poerio of Paul Hastings Janofsky & Walker LLP.