Expert Analysis

• Opinion

  Employment Tribunal Fees Risk Reducing Access To Justice

  

  Before the proposed fee regime for employment tribunal claims can take effect, the government needs much more evidence that low-income individuals — arguably the tribunal system's most important users — will not be negatively affected by the fees, says Max Winthrop, employment law committee chair at the Law Society.

• Tribunal Cases Illustrate Balancing Act Of Anti-Bias Protection

  

  Recent employment tribunal discrimination cases show employers the complexities of determining the scope of protected characteristics under the Equality Act, and responding proportionately, particularly when conflicts involve controversial beliefs that can trigger competing employee discrimination claims, say Michael Powner and Sophie Rothwell at Charles Russell.

• Comparing The UK And EU Approaches To AI Regulation

  

  While there are significant points of convergence between the recently published U.K. approach to artificial intelligence regulation and the EU AI Act, there is also notable divergence between them, and it appears that the U.K. will remain a less regulatory environment for AI in the foreseeable future, say lawyers at Steptoe.

• Employer Lessons From Ruling On Prof's Anti-Zionist Views

  

  In Miller v. University of Bristol, an employment tribunal recently ruled that a professor's anti-Zionist beliefs were protected by the Equality Act 2010, highlighting for employers why it’s important to carefully consider disciplinary actions related to an employee's political expressions, says Hina Belitz at Excello Law.

• ECJ Ruling Clarifies Lawyer Independence Questions

  

  The European Court of Justice's recent ruling in Bonnanwalt v. EU Intellectual Property Office, finding that a law firm had maintained independence despite being owned by its client, serves as a pivotal reference point to understanding the contours of legal representation before EU courts, say James Tumbridge and Benedict Sharrock-Harris at Venner Shipley.

• How Employers Should Respond To Flexible Work Requests

  

  U.K. employees will soon have the right to request flexible working arrangements from the first day of employment, including for religious observances, and refusing them without objective justification could expose employers to indirect discrimination claims and hurt companies’ diversity and inclusion efforts, says Jim Moore at Hamilton Nash.

• What COVID Payout Ruling Means For Lockdown Loss Claims

  

  While the High Court's recent COVID-19 payout decision in Gatwick v. Liberty Mutual, holding that pandemic-related regulations trigger prevention of access clauses, will likely lead to insurers accepting more business interruption claims, there are still evidentiary challenges and issues regarding policy limits and furlough, say Josianne El Antoury and Greg Lascelles at Covington.

• Spartan Arbitration Tactics Against Well-Funded Opponents

  

  Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

• Crypto As A Coin Of The Corporate Realm: The Pros And Cons

  

  The broadened range of crypto-assets opens up new possibilities for employers looking to recruit, incentivize and retain employees through the use of crypto, but certain risks must be addressed, say Dan Sharman and Sunny Mangatt at Shoosmiths.

• Employer Tips For Handling Data Subject Access Requests

  

  As employers face numerous employee data-subject access requests — and the attendant risks of complaints to the Information Commissioner's Office — issues such as managing deadlines and sifting through data make compliance more difficult, highlighting the importance of efficient internal processes and clear communication when responding to a request, say Gwynneth Tan and Amy Leech at Shoosmiths.

• Employer Tips For Navigating The Growing 'Workcation' Trend

  

  While the trend of working remotely from a holiday property may be attractive to workers, employers must set clear guidelines to help employees successfully combine work and leisure without implicating legal risks or compromising business efficacy, says Amy Leech at Shoosmiths.

• Opinion

  UK Whistleblowers Flock To The US For Good Reason

  

  The U.K. Serious Fraud Office director recently brought renewed attention to the differences between the U.K. and U.S. whistleblower regimes — differences that may make reporting to U.S. agencies a better and safer option for U.K. whistleblowers, and show why U.K. whistleblower laws need to be improved, say Benjamin Calitri and Kate Reeves at Kohn Kohn.

• No-Poach Agreements Face Greater EU Antitrust Scrutiny

  

  EU competition authorities are increasingly viewing employer no-poach agreements as anti-competitive and an enforcement priority, demonstrating that such provisions are no longer without risk in Europe, and proving the importance of understanding EU antitrust law concerns and implications, says Robert Hardy at Greenberg Traurig.

• Water Special Administration Changes May Affect Creditors

  

  Following the publication of new legislation, changes are afoot to the U.K. government's statutory regime governing special administrations for regulated water companies — and one consequence may be that some creditors of such companies will find themselves in a more uncertain position, say Helena Clarke and Charlotte Møller at Squire Patton.

• Opinion

  Labour Should Reconsider Its Discrimination Law Plans

  

  While the Labour Party's recent proposals allowing equal pay claims based on ethnicity and disability, and introducing dual discrimination, have laudable intentions and bring some advantages, they are not the right path forward as the changes complicate the discrimination claim process for employees, say Colin Leckey and Tarun Tawakley at Lewis Silkin.