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Employment UK
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April 16, 2024
Insurance Manager Harassed By Bosses Wins £56K
A tribunal has ordered a British insurance broker to pay a former manager more than £56,000 ($69,800) after ruling that the business pushed her out because bosses no longer valued her after she went off sick with anxiety and depression.
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April 16, 2024
UK Pension Withdrawals Hit Record High
The number of people making lump sum withdrawals from their U.K. pension savings reached a record high during the financial year that ended in March 2023, according to a new report by the country's financial watchdog published Tuesday.
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April 15, 2024
Ex-Autonomy Exec Testifies To Handshake Deals, Backdating
Autonomy's former U.S. head of sales testified for the prosecution Monday in the criminal fraud trial of founder Michael Lynch, saying he boosted sales figures via "quid pro quo" handshake deals with customers, created pretextual emails to cover his tracks and even backdated a deal to meet revenue targets.
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April 15, 2024
Rastafarian Ex-Army Band Player Wins Race Bias Case
A former British Army horn player has won his racial discrimination case against the Ministry of Defence, with a tribunal concluding that officers stereotyped him as an "angry Black man" and dismissed his complaints about racist treatment.
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April 15, 2024
No Quid Pro Quo In Thank You Posts, Fired Journalist Says
A sports journalist fired after publicly thanking a company that was a corporate sponsor of his charity fundraising efforts argued to an employment tribunal Monday that there was "no quid pro quo" that compromised the BBC.
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April 15, 2024
Prison Governor Loses Claim He Was Excluded From Union
A prison governor lost his claim against a trade union that refused to let him join its ranks twice because he had held key positions in another union that competed with it, an employment tribunal has ruled.
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April 15, 2024
AML Exec Loses Bid For Interim Pay In Whistleblowing Case
The co-founder of a London-based payments platform provider has lost his bid to be paid his £190,000 ($237,000) salary while he pursues a whistleblowing and unfair dismissal claim against the company.
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April 15, 2024
Trainee Solicitor's Bid To Claim SQE Fees From Ex-Firm Fails
A trainee solicitor cannot recoup fees for her legal qualification examinations from her former employer, with a tribunal finding that she failed to prove that the law firm had agreed to pay the fees.
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April 15, 2024
Pension Protection Fund Has 'Crucial' Future Role, LCP Says
The Pension Protection Fund could play a crucial role in the "endgame" for defined benefit pension schemes as a state-backed consolidator of smaller retirement plans, a consultancy has said.
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April 12, 2024
US-based MSD Broke Ban On Using 'Merck' In UK, Court Finds
U.S.-based Merck Sharp & Dohme LLC's use of the "Merck" name on websites and social media breached the terms of a court order barring it from using the name in the U.K. to protect German drugmaker Merck KGaA's rights, a London court ruled Friday.
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April 12, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen footwear brand Dr. Martens hit online retailer Temu with a passing off claim, Welsh soccer club Swansea sue its former head coach Russell Martin, Russian diamond tycoon Dmitry Tsvetkov file a claim against his former business Equix Group Ltd., and U.S. bank Omega Financial Corporation hit African oil and gas company Tende Energy with a claim. Here, Law360 looks at these and other new claims in the U.K.
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April 12, 2024
John Lewis Beats Muslim Worker's Discrimination Claim
Department store John Lewis has beaten accusations that it discriminated against a Muslim employee, but it botched the process for sacking him, a tribunal has ruled.
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April 12, 2024
Abbott Loses Bid To Nix UK Whistleblowing Case On Appeal
An appeals tribunal has rejected Abbott Laboratories' bid to escape a whistleblowing case brought by the founders of a British DNA technology business that it bought, concluding on Friday that the founders had an arguable case that U.K. judges had jurisdiction.
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April 12, 2024
Temp Engineer Must Pay £27K For 'Vexatious' Behavior
An employment tribunal has ordered a temp to pay thousands of pounds in litigation costs for bringing a claim he knew he would lose, having previously failed to show on three other occasions that he was an employee or a worker.
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April 12, 2024
Kingsley Napley Launches 'Enhanced' Carers' Leave
Kingsley Napley LLP said Friday that it will provide a week's paid leave for employees to care for children, elderly parents or disabled relatives, a move that exceeds its statutory obligations and sets a precedent for other firms in the industry.
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April 12, 2024
Sky Managers Can't Appeal Dismissal Case On New Grounds
Two former Sky store managers cannot reargue their claim that the company owes them money following a mandatory change of role, an appeals tribunal has ruled, blocking them from raising a challenge on grounds that did not come up in the original case.
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April 12, 2024
Over 800 Directors Banned For COVID Loan Fraud In 1 Yr
A total of 831 company directors were banned in the last 12 months for defrauding the COVID loan support scheme for businesses following investigations by the Insolvency Service, the government agency said Friday.
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April 12, 2024
Pension Body Warns Of 'Burdensome' New Reporting Rules
A U.K. pension industry body has called for new reporting regulations on the sector to be toned down, warning that the additional red tape could deter smaller schemes from taking steps to improve their investment strategies.
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April 11, 2024
Autonomy Became Less Transparent Before Sale, Jury Told
An ex-market analyst testifying Thursday in a California criminal trial over claims that former Autonomy CEO Michael Lynch duped HP into buying the British company for $11.7 billion told jurors that the company became less forthcoming about some of its accounting a couple of years before the sale.
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April 11, 2024
Law Firm Denies Thwarting Driver's Injury Claim
JMW Solicitors has pushed back at accusations by an injured delivery driver that it filed his compensation claim against the wrong defendant to avoid a conflict of interest with a valuable client.
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April 11, 2024
Airbnb Owner Was Housekeeper's Employer, Tribunal Rules
A housekeeper who worked at a Scottish castle was an employee instead of a worker and can proceed to sue her old boss for unfairly dismissing her, an employment tribunal has ruled.
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April 11, 2024
Ex-Post Office Boss Denies 'Cover Up' Of IT Bugs
A former Post Office boss has denied trying to "cover up" the fact that senior members of the organization knew the IT system used to prosecute hundreds of innocent sub-postmasters was faulty, as he gave evidence to an inquiry Thursday.
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April 11, 2024
NHS Assistant With Lung Condition Wins COVID Bias Claim
An NHS trust in England forced a hospital worker with a chronic lung condition to quit her job by refusing to let her work from home during the COVID-19 pandemic, a tribunal has ruled.
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April 11, 2024
Failure To Address Group Chat Jokes Pushed Worker To Quit
Blackpool Council forced an employee to resign after it failed to formally investigate her complaints about a "deluge" of inappropriate WhatsApp group messages that made her view the workplace as hostile, an employment tribunal has ruled.
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April 11, 2024
Squire Patton Advises Broadstone Buy Of Credit Risk Co.
Broadstone said on Thursday it had acquired credit risk company Vestigo Partners Ltd., in a deal steered by Squire Patton Boggs and Harrison Clark Rickerbys.
Expert Analysis
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German Labor Court Takes Surprising Stance On Disclosure
A German labor court's recent ruling regarding an employer's disclosure of the number and names of employees identified as "severely disabled" will surprise practitioners in the data protection and diversity spaces, who may question the justification for aspects of the decision, say Hannah Disselbeck and Marco Hermann at Fieldfisher.
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A Look At The Increase In Employee Ownership Trusts
The rise in employee ownership trusts has brought certain challenges, but with tax advantages and a proven positive impact on individuals, businesses and regional economies, employee buyouts are set to become more popular and could outstrip mainstream deal activity, says Lisa Hayward at Birketts.
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Employment Ruling Takes A New Look At Settlement Waivers
The recent Scottish Employment Appeal Tribunal decision in Bathgate v. Technip U.K. demonstrates that a waiver in a settlement agreement must relate expressly to the circumstances of the individual case, and that it is no longer possible to dismiss a prospective claim simply by including a reference to unfair dismissal or the Equality Act 2010, says David Whincup at Squire Patton.
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Series
My Favorite Law Prof: How I Learned To Argue Open-Mindedly
Queens College President Frank Wu reflects on how Yale Kamisar’s teaching and guidance at the University of Michigan Law School emphasized a capacity to engage with alternative worldviews and the importance of the ability to argue for both sides of a debate.
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Employment Ruling Shows Value Of Dismissal Alternatives
The recent Employment Appeal Tribunal ruling in Department of Work and Pensions v. Boyers demonstrates that employers should ensure that alternatives have been properly considered before dismissing a disabled employee, since it can be difficult to show that a proportionate approach has been taken in the decision-making process, say Asten Hawkes and Larissa Hawkins at BDB Pitmans.
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How Proposed Forced Labor Product Ban Affects Biz With EU
The European Commission's recently proposed regulation banning products made with forced labor in the European Union highlights the importance for multinational companies to enhance their human rights due diligence programs to meet fast-evolving standards and requirements of doing business in the region, say Sarah Bishop and Paul Mertenskötter at Covington.
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FCA Pension Scheme Case Highlights Issues Ripe For Reform
The Financial Conduct Authority's response to the British Steel Pension Scheme case exposed wider issues within its regulatory approach and could demonstrate the need for industrywide reforms to minimize the risks with transferring out of a pension scheme, say Oliver Reece and Larisa Gordan at PwC.
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Holiday Entitlement Ruling May Affect Employer Practices
Following the recent decision of Harpur Trust v. Brazel, employers may want to consider some practical options and review their processes to ensure that workers with irregular hours receive their paid holiday entitlement, say Alex Fisher and Anna West at Travers Smith.
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How The Rise Of Brand Activism Is Affecting Employment Law
As the choice of employer and its values is increasingly seen as an extension of an employee's personal brand, a number of employment law issues come to the fore, including employers' rights to restrict their employees' behaviors and employees' rights to express their own views, says James Davies at Lewis Silkin.
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Changes The New UK PM May Bring To Workers' Rights
U.K. Prime Minister Liz Truss is considering the removal of a significant number of EU regulations, which could lead to a reduction in rights for workers such as equal pay and holiday pay, arguably going against the principles of the U.K.-EU Trade and Cooperation Agreement, say Sean Nesbitt and Anneliese Amoah at Taylor Wessing.
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What New French Whistleblower Law Means For Companies
A French law that recently entered into force broadens the definition of whistleblower and simplifies the reporting process, creating a new system that offers added protection but may well increase the number of reports made to authorities, say Alexandre Bisch and Fanny Gauthier at Debevoise.
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Why Risk-Based Employee Conduct Policies Are Advisable
In establishing employee conduct policies, companies should consider the extent to which they are exposed to certain types of risk, such as bribery and corruption, as establishing clear written standards offers a step toward avoiding criminal liability, says Steve Melrose at Bellevue Law.
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Steps Businesses Can Take To Mitigate AI Discrimination Bias
There are risks that artificial intelligence systems can result in actionable discrimination in recruitment and employment processes, and to mitigate bias businesses should ensure there is informed human involvement, putting in place suitable policy frameworks to reflect their values and positions on diversity, says David Lorimer at Fieldfisher.
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New FCA Listing Rules May Start Regulatory Shift On Diversity
Listed companies that fail to meet new Financial Conduct Authority rules for minimum executive board diversity currently risk reputational damage mainly through social scrutiny, but should prepare for potential regulatory enforcement actions, say attorneys at King & Spalding.
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The Case For Company-Directed Offensive ESG Litigation
Rather than treat environmental, social and governance litigation as a source of liability, there is a serious benefit for companies and their lawyers to evaluate and pursue offensive ESG litigation, says Bob Koneck at Woodsford.