Expert Analysis

• Court Backing Of FCA Pensions Ruling Sends Key Message

  

  The Upper Tribunal’s recent upholding of the Financial Conduct Authority's decisions against CFP Management directors serves as a judicial endorsement of the regulator’s approach to defined benefit transfers, underscoring that where the advisory model is fundamentally flawed, the consequences for those in control can be severe, say lawyers at RPC.

• Pension Schemes Bill's Most Notable, Controversial Measures

  

  The long-awaited Pension Schemes Bill recently introduced to Parliament creates a framework for harnessing money saved in U.K. workplace pension funds to grow the country’s economy, but provisions relating to local government pension scheme investment, and scale and asset allocation, are controversial, says Claire Dimmock at Squire Patton.

• Whistleblower Rewards May Soon Materialize In UK

  

  Recent government and Serious Fraud Office announcements indicate that the U.K.’s long-standing aversion to rewarding whistleblowers is reversing, underlining the importance for organizations to consider managing misconduct risk and prepare for a potentially significant uptick in tipoffs, says Tom Grodecki at Cadwalader.

• US Diversity Policies Present Challenges To UK And EU Cos.

  

  Following President Donald Trump’s recent executive orders calling for increased scrutiny of diversity, equity and inclusion initiatives, it is clear that global businesses operating in the U.K. and European Union will need to understand regional nuances to successfully navigate differing agendas on either side of the Atlantic, say lawyers at Jenner & Block.

• What Age Bias Ruling Means For Law Firm Retirement Policies

  

  The recent employment tribunal age discrimination decision in Scott v. Walker Morris demonstrates that while law firms may implement mandatory retirement schemes, the policy must pursue a legitimate aim via proportionate means to pass the objective justification test, says Chris Hadrill at Redmans Solicitors.

• Acas Guide Shows How To Support Neurodiverse Employees

  

  A new guide on neurodiversity in the workplace from the Advisory, Conciliation and Arbitration Service reminds employers of the duty to make reasonable adjustments that will effectively alleviate any disadvantage an employee may experience at work, say lawyers at Withers.

• Opinion

  UK Gov't Needs To Take Action To Support Whistleblowing Bill

  

  With a proposed Office of the Whistleblower Bill making its way through the U.K. Parliament, whistleblowing is starting to receive the attention it deserves, but the key to unlocking real change is for the government to take ownership of reform proposals and appoint an overarching whistleblowing champion, says Baroness Susan Kramer at the House of Lords.

• Court Backlog Could Alter Work Safety Enforcement Priorities

  

  While criminal prosecution remains the default course of action following the most serious workplace accidents, a record backlog of cases in the crown courts in England and Wales and safety regulators’ recognition of the need for change may allow for a more discerning approach, say lawyers at BCL Solicitors.

• A Look At Current Challenges In Whistleblowing Practice

  

  Consensus on the status of reforming Great Britain's whistleblowing framework is currently difficult to discern, and thorny issues revealed by recent cases highlight undesirable uncertainties for those pursuing and defending whistleblowing claims, says Ivor Adair at Fox & Partners.

• What Employers Must Know About New Neonatal Care Act

  

  With the Neonatal Care Act set to provide employees with a day 1 right to neonatal care leave and pay from April, employers should ensure that they understand the complex provisions underpinning the new rights before communicating them to their workforce, say lawyers at Morgan Lewis.

• Banker Remuneration Proposals Could Affect More Than Pay

  

  The Financial Conduct Authority and Prudential Regulation Authority’s pending proposals to reduce banker remuneration restrictions bring obvious personal financial advantages for bankers, but may have repercussions that result in increased scrutiny of bonus payments and wider changes to workplace culture and overall accountability, say lawyers at Fox Williams.

• Rethinking 'No Comment' For Clients Facing Public Crises

  

  “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

• New Bill Introduces Important Whistleblower Protections

  

  If enacted, a bill that proposes the establishment of an independent whistleblower office in the U.K. offering protected disclosures will encourage individual whistleblowers, and alleviate the pressure for companies to investigate complaints, say lawyers at Tenet Law.

• Nonfinancial Misconduct Lessons From Rail Worker's Win

  

  While financial services firms wait for the Financial Conduct Authority’s final policy statement on nonfinancial misconduct, an Employment Tribunal’s recent award to a railroad worker targeted by a hostile human resources team provides guidance on developing even-handed and inclusive company policies, say attorneys at Shoosmiths.

• Important Changes To Note In Accountant Ethics Code Update

  

  The Institute of Chartered Accountants of England and Wales' forthcoming code of ethics will bring a number of significant updates to raise standards within the profession, but also risks of professional indemnity claims that could lead to challenges for firms, say lawyers at RPC.