Expert Analysis

• Whistleblower Protection: When Private Turns Public

  

  In Chesterton v. Nurmohamed, a U.K. appeals court recently found that disclosing a breach of a worker's contract may satisfy the public interest requirement for whistleblower protection if a sufficiently large number of other workers are affected. This decision may cause some concern for well-known employers, say Emma Vennesson and Katherine Newman of Faegre Baker Daniels LLP.

• Uber May Have Met Its Waterloo In Europe

  

  Recent developments in Europe suggest that Uber’s business model — built on its claims that it is a digital platform between consumer and driver, not a transportation company, and that its workers are merely independent contractors, not employees governed by local labor laws — may be approaching collapse on the continent sooner than anticipated, says Thomas Dickerson of Herzfeld & Rubin PC.

• Harmonizing US And UK Workplace Dress Codes

  

  Given recent publicity surrounding workplace dress codes for women in both the U.S. and U.K., it's likely the issue will be subject to greater scrutiny going forward. Companies with an international reach must exercise particular caution when seeking to coordinate workplace dress codes across the business as considerations may differ widely, says Furat Ashraf of Bird & Bird.

• Top 5 Business And Human Rights Concerns For Companies To Monitor

  

  Businesses are being bombarded with information about their responsibilities toward global human rights and other nonfinancial efforts. According to Covington & Burling LLP attorneys Christopher Walter and Hannah Edmonds, U.K. businesses should be actively monitoring five key developments.

• FCA's Work In Progress: Individual Accountability

  

  In the case of the U.K. accountability regime, the sea change seems to have been more about the Financial Conduct Authority sending a message to firms, leaders and the public that things would be different — rather than replacing an ineffective regime. We anticipate a change within the financial services sector, as individuals are likely to want to eat more carrots and feel fewer sticks, say members of Taylor Wessing LLP.

• Conflict Minerals Compliance: What To Do Now

  

  In the final part of a three-part series on conflict minerals compliance, Michael Littenberg at Ropes & Gray LLP discusses practical compliance tips for this cycle and the next in light of past and expected trends in conflict minerals compliance.

• UK Modern Slavery Act: Public Shame In The Supply Chain

  

  Businesses are increasingly expected to respect human rights wherever they operate. Though light on government regulation, the U.K. Modern Slavery Act is designed to engineer pressure from consumers, investors and the media, which could ultimately be more effective at driving up standards than the threat of legal enforcement action, says Richard Tauwhare at Dechert LLP.

• New UK Supply Chain Disclosures Apply To US Companies

  

  Starting in October 2015, some U.S. companies, including many that already come within the scope of the California Transparency in Supply Chains Act, will be required to make disclosures about the steps their supply chains are taking to prevent human trafficking under the U.K.'s Modern Slavery Act, says Michael Littenberg at Schulte Roth & Zabel LLP.

• A New Compliance Challenge For Cos. Doing Business In UK

  

  On the heels of the U.K. Bribery Act of 2010 — a close copy of the U.S. Foreign Corrupt Practices Act — the United Kingdom has now taken cues from another novel U.S. enactment, this time the California Transparency in Supply Chains Act, and delivered its own disclosure regime on the doorsteps of the international business world, say attorneys with Perkins Coie LLP.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.