Expert Analysis

• Pension Trustee Case Could Lead To Fossil Fuels Divestment

  

  While the recent Court of Appeal case McGaughey v. Universities Superannuation Scheme attempts to link fossil fuel investment by trustees to significant risk of financial detriment, it is concerning that two out of 470,000 scheme members could be permitted to bring a claim without ensuring that other members are represented, says Anna Metadjer at Kingsley Napley.

• Supporting Employees Dealing With Infertility and Baby Loss

  

  With employers facing potential loss of talent due to employees experiencing a lack of support on pregnancy and fertility issues — nearly one-quarter of employees have considered leaving their jobs for this reason, per a recent survey — companies should implement policies to help recognize and support their workers going through such life-changing events, says Helen Burgess at Gateley.

• AI Act Issues To Watch As EU Legislators Negotiate

  

  The EU is working to adopt the world's first comprehensive regulatory framework for artificial intelligence, but the AI Act proposals from the European Commission, Parliament and Council currently differ on law enforcement use of AI, classification of AI systems and related compliance obligations, say Alexander Roussanov and Lazarinka Naydenova at Arnold & Porter.

• EU Decision Adds To Growing Right Of Access Case Law

  

  The European Court of Justice recently confirmed in Pankki S the broad scope of the right to access under the General Data Protection Regulation, including data processed before the regulation came into operation, which may pose a burden in terms of cost and time for organizations with long-standing clients, say Thibaut D'hulst, Dariusz Kloza and Danica Fong at Van Bael & Bellis.

• Perks And Potential Legal Pitfalls Of Int'l Remote Working

  

  In a tight labor market, employers can entice prospective employees with international remote working, but should be aware of key immigration, data protection and tax issues, says Tim Hayes at BDB Pitmans.

• UK Tribunal Ruling Sheds Light On Workplace Speech Issues

  

  The U.K. Employment Appeal Tribunal's recent judgment in Higgs v. Farmor's School — concerning a Christian employee dismissed for allegedly anti-LGBT social media posts — highlights factors that employers should consider in tricky situations involving employees' speech, says Anna Bond at Lewis Silkin.

• Tackling Global Inflation Is A Challenge For Antitrust Agencies

  

  Recent events have put pressure on antitrust agencies to address the global cost-of-living crisis, but the relationship between competition and inflation is complex, and with competition agencies’ reluctance to act as price regulators, enforcement is unlikely to have a meaningful impact, say lawyers at Linklaters.

• Employment Tribunal Data Offers Workplace Practice Insights

  

  A breakdown of the Ministry of Justice's recent Employment Tribunal figures shows shifting trends among employees, and potential challenges and possible improvement areas for employers, and if the data continues to be published, it could play an essential part in clearing the fast-growing backlog of tribunal matters, says Gemma Clark at Wright Hassall.

• Unpacking The Rwanda Policy Appeal Decision

  

  The Court of Appeal recently declared the U.K. government's Rwanda policy unlawful in AAA v. Secretary of State, but given that this was only on the basis that Rwanda is not currently a safe third country, it is possible that the real risk of Article 3 of the European Convention on Human Rights breaches will be obviated, says Alex Papasotiriou at Richmond Chambers.

• Opinion

  Why Menstrual Leave Policies May Be Counterproductive

  

  Efforts to introduce U.K. standards on leave for menstruation, which in practice has been narrowly applied, may be distracting focus from pay gap and family rights laws, and robust sick leave policies that may be more relevant to tackling gender equality in the workplace, say Sean Nesbitt and Sophie Davidson at Taylor Wessing.

• Opinion

  UK Noncompete Cap Will Not Grow Business As Intended

  

  The U.K. government's recent response to its 2020 consultation on restrictive covenants has not given any obvious consideration to the position of employers, as there is no evidence supporting its proposition that limiting noncompetes to three months will assist recruitment and help employees find new jobs at often higher pay, says David Whincup at Squire Patton.

• Workplace Neurotech Requires A Balance Of Risk And Reward

  

  The U.K. Information Commissioner's Office's recently released a report on neurotech, and while such technologies could unlock a stubbornly low productivity stagnation, they pose employer data compliance questions and potential employee discrimination risks, say Ingrid Hesselbo and Ben Milloy at Fladgate.

• ITV Scandal Offers Important Considerations On HR Policies

  

  The recent resignation of former ITV host Phillip Schofield after admitting to an affair with a younger staff member raises questions on employers' duty of care and highlights the need for not only having the right internal policies in place but also understanding and applying them, says Hina Belitz at Excello Law.

• What The Italian Whistleblowing Decree Means For Employers

  

  The new Italian whistleblowing decree, guidelines to which must be adopted by authorities this week, represents a major milestone in protecting employees by broadening employers' obligations, and it is essential that multinational companies with an interest in Italy verify their compliance with the more stringent requirements, say lawyers at Studio Legale Chiomenti.

• What TPR's Guidance On DEI Means For Pensions Industry

  

  The Pension Regulator is one of the first regulators to issue guidance on equality, diversity and inclusion, and employers and trustees should incorporate its advice by developing policies and monitoring progress to ensure that improvements are made regularly, say lawyers at Linklaters.