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Employment UK
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October 14, 2024
RAF Officer Can't Challenge Military Complaints Process
The Ministry of Defence won its bid on Monday to block claims by a squadron leader that it mishandled her sex discrimination and harassment allegations, after an appellate judge ruled that employment tribunals could not hear a challenge to the military's internal complaints process.
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October 14, 2024
Ex-Director Hits Back At Simply Natural 'Hostile' TM Claim
A former director of Simply Naturals has denied signing a deal that transferred trademarks he owned for "Sizzling Minerals" over to the vitamin company, claiming that he is the target of a "hostile campaign" waged by two of its current directors.
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October 14, 2024
Eye Doc Can't Claim Whistleblowing Led To Unfair Treatment
An employment tribunal has dismissed an orthoptist's claims that a hospital treated her unfairly after she raised concerns about poor care of patients, because the information she revealed did not amount to whistleblowing.
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October 14, 2024
Employee Sacked Over Alleged Aggressive Email Wins Claim
An administrative manager at a one-on-one education service has won almost £10,000 ($13,000) after a tribunal found that her boss did not follow protocol to fire her after she sent an allegedly aggressive and intimidating email to a colleague.
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October 14, 2024
New Sexual Harassment Law To Alter Work Safety For Good
Employers must assess the risk that staff will be sexually harassed and ensure they have preventative policies and procedures in place as they prepare for an incoming duty which, lawyers say, will be a watershed in workplace health and safety provision.
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October 11, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen billionaire Lakshmi Mittal sue steel magnate Sanjeev Gupta in a long-running clash to claw back €140 million ($153 million) of debt, a high-profile AI researcher take action against the Intellectual Property Office to register his software as a listed patent inventor and troubled housing trust Home Reit face a claim by a real estate developer. Here, Law360 looks at these and other new claims in the U.K.
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October 11, 2024
Pension Boss Wins £25K Over Firing For Company Card Use
An ex-director of the Canada Pension Plan Investment Board has won £25,000 ($32,700) at a tribunal after the fund sacked him for using his corporate credit card for vacation expenses after his personal card was stolen.
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October 11, 2024
Linklaters Guides £145M Pension Deal For Church Of England
The Church of England Pensions Board said it has closed a £145 million ($190 million) pensions risk transfer transaction with Aviva, securing the benefits of the retirements savings plan's members.
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October 11, 2024
Day 1 Unfair Dismissal Right Risks Diversity And Justice Aims
Abolishing the two-year qualifying period to bring an unfair dismissal claim will trigger an impossible deluge of tribunal cases and a more cautious approach to recruitment that risks turning back the clock on diversity in the workforce, lawyers warned about the headline proposal in the Employment Rights Bill.
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October 11, 2024
Company Director Says £1M Payments Were Legit Expenses
A former director of a supply chain company and his wife have hit back at allegations that they covertly authorized payments worth more than £1.2 million ($1.6 million) unconnected to its business, claiming that expenditure decisions were legitimately made at their discretion.
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October 11, 2024
Care Home Chef Unfairly Sacked After GDPR Breach
An assistant chef has won her claim that her care home employer unfairly fired her for sending an email containing confidential information about a vulnerable resident — but failed to convince the tribunal that she faced discrimination and harassment from staff.
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October 11, 2024
Police Record 40 New Abuse Claims Against Al-Fayed
Police in London said Friday that they have recorded more than three dozen new allegations of misconduct against Mohamed al-Fayed and "others" after the BBC broadcast a documentary in which multiple women accused the former Harrods owner of rape and sexual assault.
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October 11, 2024
Retirement Savings Consultancy Isio Buys Pension Broker
Isio Group Ltd. said Friday that it has inked a deal to buy pensions specialist K3 Advisory Ltd., which it expects will enhance its business amid "strong demand" for transactions in the retirement savings sector.
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October 11, 2024
Coca-Cola Driver Wins Bias Appeal Over Blackout Disorder
A tribunal wrongly held that a Coca-Cola truck driver's coughing condition, which causes him to black out, did not render him disabled for the purpose of his claim of disability discrimination, a London appeals judge has ruled.
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October 10, 2024
Lawyers Call On EHRC To Promote Race Bias Claim Funding
The U.K.'s equalities watchdog funded just 27 cases from 2022 to 2023, prompting calls from employment specialist GQ Littler on Thursday to better advertise its race discrimination legal support fund.
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October 10, 2024
Ex-Goldman Manager Claims £3.8M In Paternity Sex Bias Case
A former Goldman Sachs compliance manager launched his sex discrimination case against the investment bank on Thursday, claiming £3.8 million ($5 million) and alleging that his bosses used redundancy as a smokescreen to sack him for taking paternity leave.
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October 10, 2024
HSBC Appeals To Throw Out Job Applicant's Race Bias Claim
HSBC Bank PLC urged a London appeals court Thursday to dismiss a job applicant's discrimination claim that alleged it unfairly refused to hire her for a director role, arguing that an employment tribunal had made factual errors when it revived the case.
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October 10, 2024
Howden Seeks To Move Part Of Aon Poaching Case To Brazil
Howden Group Thursday urged a court to stay parts of a claim by professional services firm Aon against the broker related to alleged staff poaching from Aon's Brazilian insurance business, saying the South American country is the right venue for the dispute.
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October 10, 2024
Ex-CEO Wins £115K For Dismissal Before Meat Supplier's Sale
The ousted chief executive of a meat supplier has won £115,352 ($150,802) after an employment tribunal ruled that administrators made him redundant in order to attract offers to buy his failing company.
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October 10, 2024
Top Takeaways From The Employment Rights Bill
Proposals for the landmark Employment Rights Bill unveiled Thursday present a huge challenge for employers, and will force businesses to adapt quickly to meet confirmed plans to give workers new rights from their first day on the job and introduce new restrictions on employment contracts.
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October 10, 2024
£300B Of Pension Assets Could Be Invested In UK, PwC Says
The largest pension funds in Britain could potentially invest up to £300 billion ($391 billion) into the U.K. economy, PwC said Thursday, after the sector logged a record funding surplus in September.
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October 10, 2024
Pension Deals Market Expected To Finish Year Below £49B
The annual volume of pension deals completed in 2024 is set to close below the record of £49.1 billion ($64.2 billion) in 2023, Lane Clark & Peacock LLP has said, as the consultancy suggested the market is now at "cruising altitude."
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October 09, 2024
Starmer Refuses To Rule Out Payroll Tax Hike
Prime Minister Keir Starmer didn't rule out raising employers' National Insurance contributions, a payroll tax used to fund healthcare and state pensions, during Wednesday's question time.
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October 09, 2024
State Immunity Blocks Harassment Case Against Ambassador
The former advisor to Ivory Coast's U.K. ambassador cannot bring claims of unfair dismissal and sexual harassment against a government unit after an employment tribunal ruled that it lacked jurisdiction to hear the case.
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October 09, 2024
Pinsent Masons Steers £1.5B Pension Deal For Michelin
Aviva said Wednesday it has taken on £1.5 billion ($1.96 billion) in pension liabilities from a scheme sponsored by tire giant Michelin in the largest bulk purchase annuity deal announced so far this year.
Expert Analysis
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HMRC Transfer Pricing Guide A Vital Resource For Businesses
HM Revenue & Customs' recent guidelines on common transfer pricing compliance risks should be required reading for affected businesses in indicating HMRC's expected benchmark for documents and policies, say Tomoko Ikawa and Kapisha Vyas at Simmons & Simmons.
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What Updated Guide Means For Jersey's Private Funds
The Jersey Financial Services Commission's recent updates to the Jersey Private Fund Guide clarify existing provisions and introduce new requirements for fund managers, service providers and investors, demonstrating a clear commitment to maintaining Jersey's reputation as an attractive jurisdiction for investment, say lawyers at Walkers Global.
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Employer Lessons In Preventing Unlawful Positive Action
A recent Employment Tribunal decision that three white police officers had been subjected to unlawful race discrimination when a minority detective sergeant was promoted demonstrates that organizations should undertake a balancing approach when implementing positive action in the workplace, says Chris Hadrill at Redmans Solicitors.
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A Close Look At Labour Party's Worker Reform Plans
The U.K. Labour government has proposed significant employee rights reforms that suggest a careful approach to balancing business operations alongside increasing worker rights, though certain industries may struggle to adjust to changes to zero-hour contracts, and an extended claims window could strain employment tribunals' workload, say Nick Hurley and Isaac Bate at Charles Russell.
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UK Judgment Could Change Anti-Money Laundering Regimes
After the Court of Appeal of England and Wales' determination that criminal property remains criminal property in the hands of its purchaser even if purchased at market value, many businesses could face a new or heightened risk of prosecution for criminality in their supply chains and related money laundering offenses, say lawyers at Macfarlanes.
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What To Expect From Labour's Pension Schemes Bill
The Labour government’s recently announced Pension Schemes Bill, outlining key policy areas affecting the retirement savings sector, represents a positive step forward for both defined contribution scheme members and defined benefit superfunds, but there are some missing features, says Sonya Fraser at Arc Pensions.
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What UK Workers' Rights May Look Like Under Labour
It is clear from the recent King's Speech that the new Labour government has set itself an ambitious pro-worker agenda, with the intent of overhauling employment laws and upgrading workers' rights, say lawyers at Cleary.
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Irish Businesses Should Act Now To Prepare For EU AI Act
Artificial intelligence is increasingly transforming the Irish job market, and proactive engagement with the forthcoming European Union AI Act, a significant shift in the regulatory landscape for Irish businesses, will be essential for Irish businesses to responsibly harness AI’s advantages and to maintain legal compliance, say lawyers at Pinsent Masons.
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Takeaways From World Uyghur Congress Forced Labor Ruling
The Court of Appeal’s recent judgment in the World Uyghur Congress' case against the National Crime Agency confirms that companies dealing in goods that they suspect to be products of forced labor are potentially liable to criminal prosecution, presenting significant legal risks that cannot always be mitigated through conducting supply chain due diligence, say lawyers at King & Spalding.
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Don't Wing Settlements: Lessons From Morley's TM Ruling
In Morley's v. Sivakumar, the Intellectual Property Enterprise Court recently found that a fast-food franchiser had breached a fried chicken franchise's trademark rights, despite a prior settlement agreement, offering lessons on drafting express terms to ensure IP protection, say Nessa Khandaker and Clare Cornell at Finnegan.
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Key Takeaways From Proposed EU Anticorruption Directive
The European Commission's anticorruption proposal, on which the EU Council recently adopted a position, will substantially alter the landscape of corporate compliance and liability across the EU, so companies will need to undertake rigorous revisions of their compliance frameworks to align with the directive's demands, say lawyers at Linklaters.
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Decoding Plans To Simplify The Transfer Of Undertakings Law
The prior Conservative government's proposed reforms to the Transfer of Undertakings Regulations to simplify processes protecting employee rights have generally been welcomed, but the fact that Labour is now in power casts significant doubt on whether they will be pursued, says Robert Forsyth at Michelmores.
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Employer Lessons From Teacher's Menopause Bias Win
A Scottish employment tribunal’s recent decision to award a teacher over £60,000 ($77,829) for unfair dismissal is a reminder that menopausal symptoms can amount to a disability, and together with potentially stronger measures from the new Labour government, should prompt all employers to implement effective menopause support policies, say Ellie Gelder and Kelly Thomson at RPC.
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What New UK Labour Gov't Is Planning For Financial Services
Following the Labour Party’s U.K. election win on July 4, the new government has already announced its key missions for economic growth, green investment and tax reform, so affected Financial Conduct Authority-regulated entities should be prepared for change and on the lookout for details, says Rachael Healey at RPC.
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What Legal Cannabis In Germany Means For Employers
Since April 1, the consumption and limited possession of cannabis has been permitted in Germany, so employers should take a few steps to maintain safe and productive workplaces while respecting the new legal landscape, says Sven Lombard at Simmons & Simmons.