Expert Analysis

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• How ESG Matters Are Influencing M&A Due Diligence Trends

  

  With a proliferation of environmental, social and governance-related regulatory developments and a desire to comply with best practice, ESG matters have become an increasingly important area of focus for both clients and advisers in M&A transactions, say attorneys at Sullivan & Cromwell.

• Steps Toward Eliminating Slavery In Apparel Supply Chains

  

  To minimize regulatory, operational and reputational risks associated with human trafficking activity, apparel companies should assess whether they have sufficiently robust and accurate reporting on their end-to-end supply chains, and ensure they can meet U.S. Customs and Border Protection evidentiary requirements, say consultants at FTI Consulting.

• New Anti-Modern Slavery Bill Unlikely To Accomplish Goals

  

  A new bill has been introduced to increase the accountability of organizations to tackle modern slavery, but without requiring the establishment of a corporate strategy and imposing sanctions for noncompliance, the U.K.'s response to modern slavery in general is unlikely to meaningfully improve, says Alice Lepeuple at WilmerHale.

• ESG Regs Abroad Offer Road Map For US Multinational Cos.

  

  Recent regulations in the European Union and United Kingdom mandate certain companies to disclose climate-related and other environmental, social and governance information to investors, serving as a harbinger of things to come in the U.S., say Petrina McDaniel and Shing Tse at Squire Patton, and Kimberly Chainey at AptarGroup.

• How Will UK Use New Penalties For Debt-Dodging Directors?

  

  Thomas Shortland at Cohen & Gresser discusses the scope of the new disqualification regime for company directors who dissolve their businesses to avoid paying back state COVID-19 loans, and identifies factors that may affect how frequently the government exercises the new powers.

• How Immune Are State Agents From Foreign Courts?

  

  The ongoing case of Basfar v. Wong is the latest to raise questions about the boundary between commercial or private activity and the exercise of sovereign authority that shields state agents from foreign judicial scrutiny — and the U.K. Supreme Court's upcoming decision in the matter will likely bring clarity on exceptions to the immunity doctrine, say Andrew Stafford QC and Oleg Shaulko at Kobre & Kim.