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Employment UK
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April 26, 2024
NHS Trust Must Pay £74K, Apologize To COVID Whistleblower
A National Health Service trust must pay £73,900 ($92,300) and apologize to one of its surgeons after punishing him for blowing the whistle on the risks of face-to-face appointments amid the COVID-19 pandemic, a tribunal has ruled.
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April 26, 2024
Businessman Gets 4 Years For Fraud During Directorship Ban
A businessman who defrauded a pensioner of £60,000 ($75,000) and ran companies while barred from doing so, has been sentenced to four years in prison, the Insolvency Service said on Friday.
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April 26, 2024
UK Workers Back Gov't 'Pot For Life' Pension Proposals
Proposals for single pension pots for life have cross-generational support from U.K. workers, according to the results of a survey by a cross-party policy think tank that were published Friday.
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April 26, 2024
Law Firm Office Manager Gets OK For Disability Bias Claim
A law firm office manager can sue his bosses for disability discrimination after an employment tribunal ruled that his flat feet condition was affecting him daily when they decided to make him redundant.
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April 26, 2024
Black Met Constable Wins £25K In Race Bias Claim
An employment tribunal ordered the Metropolitan Police commissioner to pay £25,403 ($31,790) to a Black constable, after ruling that a sergeant had discriminated against him by remarking that he had stared "menacingly."
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April 26, 2024
BoE To Include Funded Re In Life Insurance Stress Test
The Bank of England has said it will consider the risks posed by offshore reinsurance contracts when it carries out a stress test on life insurers in 2025.
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April 26, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen budget airline Ryanair file a claim against NATS PLC after the air traffic controller's system collapsed, Mastercard and Visa Europe face group claims from Christian Dior and dozens of other beauty retailers, an intellectual property clash between the publisher of The Sun and ITV, and ISC Europe sue a former director for alleged money laundering. Here, Law360 looks at these and other new claims in the U.K.
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April 26, 2024
HSBC Recruiter Can't Bring Claim Over 'Eye-Rolling' Boss
A former HSBC recruiter with an obsessive-compulsive disorder can't sue the bank for disability bias over his manager's eye-rolling after a tribunal ruled the claim was brought too late.
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April 26, 2024
Director's 'OK Babes' Comment Was Sex Discrimination
The managing director at a vehicle recovery business discriminated against a female employee by saying "OK babes" in response to her complaints about him citing her appearance as a reason to invite her to a meeting, a tribunal has ruled.
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April 26, 2024
Amazon Sued For Allegedly Coercing UK Staff To Quit Union
The GMB union said Friday that it has sued retail giant Amazon for allegedly inducing workers to quit their union following a successful bid for a shot at official recognition.
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April 25, 2024
Disciplinary Chair Wins Worker Status, Holiday Pay
A barrister who served as a chair on the regulatory board for the Nursing and Midwifery Council has won his bid for paid annual leave, with the Employment Tribunal finding that gig economy workers must have an incentive to take holidays, so they do not swap cash for rest.
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April 25, 2024
Waitress Made Redundant While Pregnant Wins Bias Appeal
A waitress has revived her pregnancy discrimination claim after a tribunal ruled that previous judges made "fundamental" errors when they sided with the cafe owner who made her redundant.
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April 25, 2024
Black Nurse Wins Second Shot At Job Offer Withdrawal Claim
An appeals tribunal has ruled that a Black nurse could have a second chance at arguing that a care home withdrew a job offer because he made a complaint of race discrimination during the recruitment process.
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April 25, 2024
Police Did Not Sack Officer For Making Adult TV Complaint
A former police officer has failed to secure provisional compensation for her dismissal after a tribunal ruled that a London policing body did not fire her for blowing the whistle on colleagues for refusing to stop watching adult television at work.
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April 25, 2024
Watchdog Urges Caution On New Types Of Pension Schemes
The Pensions Regulator called on Thursday for a pause in the development of new types of retirement savings plans as it weighs whether they offer members sufficient levels of protection.
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April 25, 2024
Post Office Official Denies Misleading Court About IT System
A Post Office director denied misleading the court about what she knew about the IT system used to prosecute hundreds of innocent people, as she gave evidence to the inquiry into the scandal Thursday.
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April 24, 2024
Ex-Autonomy GC Tells Jurors He Wanted To Be 'Helpful' To HP
Autonomy's former U.S. general counsel conceded Wednesday in the criminal trial of former CEO Michael Lynch that he told an HP lawyer he wanted to be as "helpful" as possible to the company as it was investigating Autonomy-related issues that popped up after the Silicon Valley giant purchased the British company, and that he was told he could face liability for his work at Autonomy.
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April 24, 2024
Post Office GC Didn't Know To Disclose Witness Misled Court
As he gave evidence to an inquiry Wednesday, the Post Office's former general counsel said external law firm Cartwright King didn't tell him that the fact that an expert witness lied to the court when testifying against subpostmasters needed to be disclosed.
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April 24, 2024
Fire And Rehire Justified By Equal Pay Threat, Tesco Argues
Retail giant Tesco argued to the U.K. Supreme Court on Wednesday that its decision to "fire and rehire" warehouse workers on less favorable contracts was justified because keeping its promise of a "permanent" pay supplement could have exposed the company to equal pay claims worth millions of pounds.
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April 24, 2024
EU Greenlights New Rights For Gig Economy Workers
The European Parliament adopted new rules on Wednesday aimed at improving working conditions for up to 40 million gig economy workers, namely by introducing a legal presumption that they are employees from the first day on the job.
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April 24, 2024
Regulator Says Half Of Retirement Plans Ready For Buyout
Half of the 5,000-plus defined benefit pension schemes in Britain are expected to have exceeded their estimated buyout funding levels, the Pensions Regulator said Wednesday, giving trustees and employers a chance to reassess their long-term objectives.
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April 24, 2024
Ex-England Footballer Banned As Director For Unpaid Tax
Former England football international John Barnes has been banned from being a company director after his business failed to pay more than £190,000 ($236,000) in tax, a U.K. government agency announced on Wednesday.
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April 24, 2024
Network Rail Rejected Pension Expert Due To Age Bias
An employment tribunal has ruled that Network Rail discriminated against an applicant to the pensions team because he was in his mid-50s, saying that the manager processing submissions barely glanced at his curriculum vitae.
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April 24, 2024
Osborne Clarke Guides Canada Life's £46M Lexmark Deal
Insurer Canada Life has agreed to a £46 million ($57 million) buy-in with the pension scheme of printing business Lexmark Holdings Inc. in a transaction guided by Osborne Clarke LLP.
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April 24, 2024
Keoghs Beats 'Rude' Job Candidate's Discrimination Claim
An employment tribunal has thrown out a race discrimination claim against law firm Keoghs LLP, ruling that it did not treat a Greek national unfairly by rescinding a job offer for his "rude and uncooperative" behavior in an onboarding meeting.
Expert Analysis
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Employment Tribunal Fee Proposal Raises Potential Issues
The proposal to reintroduce employment tribunal fees in a recent U.K. government consultation poses serious concerns over the right of access to justice, and will only act as a deterrent for claimants and appellants, says Yulia Fedorenko at CM Murray.
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Dissecting Recent Developments Against The Misuse Of NDAs
The U.K. government's recent plans to nullify nondisclosure agreements that prevent victims from reporting crimes should remind lawyers to proactively consider the necessity of such agreements, especially in light of the Solicitors Regulation Authority's warning notice on drafting improper NDAs, say Clare Davis and Macaela Joyes at RPC.
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3 Notable Pensions Reforms In Spring Budget
The U.K. government’s spring budget introduced reforms to improve pension outcomes through the value for money framework and the lifetime provider model, as well as to encourage investments in Britain — three interlinked areas that could pressure trustees and providers to rethink how they approach investments, say Liz Ramsaran and Marcus Fink at DWF.
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Uber Payout Offers Employer Lessons On Mitigating Bias
Uber Eats' recent payout to a driver over allegations that the company's facial recognition software was discriminatory sheds light on bias in AI, and offers guidance for employers on how to avoid harming employees through the use of such technology, says Rachel Rigg at Fieldfisher.
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Tracing The Effects Of Salary Hikes For Sponsored Workers
The government's new salary thresholds for sponsored workers herald substantial wage increases for the majority of occupations, introducing changes to the sponsorship landscape that disproportionately affect private sector employers, says Gary McIndoe at Latitude Law.
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What To Know About Latest UK Employment Law Changes
As a range of employment law changes came into force this month, such as increased redundancy protections for pregnancy and new parents, employers should ensure compliance with the new requirements, including by providing training and updating internal policies, say lawyers at MoFo.
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Opinion
Employment Tribunal Fees Risk Reducing Access To Justice
Before the proposed fee regime for employment tribunal claims can take effect, the government needs much more evidence that low-income individuals — arguably the tribunal system's most important users — will not be negatively affected by the fees, says Max Winthrop, employment law committee chair at the Law Society.
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Tribunal Cases Illustrate Balancing Act Of Anti-Bias Protection
Recent employment tribunal discrimination cases show employers the complexities of determining the scope of protected characteristics under the Equality Act, and responding proportionately, particularly when conflicts involve controversial beliefs that can trigger competing employee discrimination claims, say Michael Powner and Sophie Rothwell at Charles Russell.
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Comparing The UK And EU Approaches To AI Regulation
While there are significant points of convergence between the recently published U.K. approach to artificial intelligence regulation and the EU AI Act, there is also notable divergence between them, and it appears that the U.K. will remain a less regulatory environment for AI in the foreseeable future, say lawyers at Steptoe.
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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.