Expert Analysis

• UK Ruling Adds Clarity To Duty Of Good Faith In Contracts

  

  The recent U.K. Court of Appeal decision in Compound Photonics Group on the implied duty of good faith in commercial contracts ties in with the established requirement to act rationally, although courts are still reluctant to set out a list of minimum standards that will apply in all circumstances, say Louise Freeman and Alan Kenny at Covington.

• Wearing Religious Signs At Work: The Evolving EU Case Law

  

  Based on a recent European Court of Justice ruling, the main criterion for allowing employers to prohibit employees from wearing religious signs on the basis of a policy of neutrality seems to be whether a genuine need exists for doing so, making it harder for employers to apply such a policy, says Chris Van Olmen at Van Olmen & Wynant.

• What Slovak Labor Code Changes Will Mean For Employers

  

  With newly effective amendments to the Slovak Labor Code strengthening employees’ rights in a number of ways, the default mindset of the employee being the weaker party may no longer be the right approach, says Katarina Pfeffer at Bird & Bird.

• An ICO Reminder On Managing Subject Access Requests

  

  Although the U.K. Information Commissioner's Office’s recent seven reprimands regarding mismanagement of data subject access requests are unusual, it is worth organizations considering what resources and training may be available to ensure these are properly managed in the future, says Ross McKenzie at Addleshaw Goddard.

• Managing The Complexities Of Workers' UK Pregnancy Rights

  

  As understanding and complying with maternity rights in the workplace can be tricky, Anna Fletcher and Jane Gowling at Gowling provide an overview of the main risk areas, including redundancy and in vitro fertilization, and highlight recently proposed reforms.

• 10 Noteworthy Employment Law Developments From 2022

  

  Richard Kenyon and Ranjit Dhindsa at Fieldfisher review notable regulations, decisions and legislation in U.K. employment law over the last year, covering flexible work, fire and rehire practices, and diversity and inclusion.

• Proposed Bill May Change Workplace Sexual Harassment Law

  

  The likely implementation of a private members' bill to extend employers' obligations concerning sexual harassment at work means employers should take steps now to ensure they are on the front foot if and when these changes come into force, say Gareth Brahams and Amanda Steadman at BDBF.

• Key Takeaways From New SRA Sexual Misconduct Guidance

  

  It is clear from the Solicitors Regulation Authority’s new sexual misconduct guidance that individuals need to adopt the highest standards of conduct in their professional and personal lives, and firms have a key role in both setting and implementing those standards to create a diverse and inclusive culture, says Andrew Pavlovic at CM Murray.

• Digital Nomads: Key Considerations For Global Businesses

  

  As employers and employees embrace remote, location-independent work arrangements enabled by technology, they must be mindful of the employment law and tax consequences such arrangements may trigger, say Hannah Wilkins and Audrey Elliott at Eversheds Sutherland.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.