In this OnPoint we consider when discrimination and employment claims can be brought in Great Britain by those working overseas, with particular focus on the recent discrimination case of Ravisy v Simmons & Simmons LLP and...more
5/16/2019
/ Article 8 ,
Brussels Regulation ,
Domicile ,
Employee Mobility ,
Employment Tribunals ,
Equal Pay ,
Equality Act ,
Extraterritoriality Rules ,
International Jurisdiction ,
International Litigation ,
Jurisdiction ,
Race Discrimination ,
Sex Discrimination ,
Sufficient Connection Test ,
Traveling Employee ,
UK ,
UK Employment Appeal Tribunal ,
Unfair Dismissal
Brexit has been postponed again, until at least 31 October 2019, but with the possibility that it may occur sooner, maybe even within a few weeks....more
4/15/2019
/ Article 50 Treaty of the EU ,
Customs Unions ,
Election Results ,
EU ,
EU Single Market ,
European Parliament ,
Free Trade Agreements ,
No-Deal Brexit ,
Special Election ,
Tariffs ,
Time Extensions ,
UK ,
UK Brexit ,
UK Parliament ,
Withdrawal Agreement
The UK Parliament, having for the second time rejected the Withdrawal Agreement negotiated between the UK government and the EU, will vote on it for a third time next week. If it is approved, the UK will ask the EU for a...more
The annual increases to the compensation limits applying to certain UK employment claims have now been published and will take effect in April 2019. An Order laid before Parliament will increase the maximum compensation which...more
In addition to the revised corporate governance code published by the Financial Reporting Council in July 2018 (the “Code”) (which applies to accounting periods beginning on or after 1 January 2019), new legislative reporting...more
2/1/2019
/ Amended Rules ,
CEOs ,
Corporate Governance ,
Directors ,
Executive Compensation ,
Pay Ratio ,
Privately Held Corporations ,
Publicly-Traded Companies ,
Reporting Requirements ,
Share Price ,
The Companies (Miscellaneous Reporting) Regulations 2018 ,
The Companies Act ,
UK
The UK House of Commons has rejected the government’s proposed Withdrawal Agreement. Unless the Agreement (or an amended version of it) is approved by the House of Commons, or the Brexit date of 29 March 2019 is postponed or...more
1/16/2019
/ AIFM ,
Alternative Investment Fund Managers Directive (AIFMD) ,
Asset Management ,
Contract Terms ,
Corporate Counsel ,
Corporate Taxes ,
Cross-Border Transactions ,
EU ,
Exports ,
Free Movement ,
Imports ,
Intellectual Property Protection ,
MiFID II ,
No-Deal Brexit ,
Supply Chain ,
Tax Treaty ,
Trade Policy ,
Trade Relations ,
Transitional Arrangements ,
UCITS ,
UK ,
UK Brexit ,
Withdrawal Agreement
The UK Government recently published its Good Work Plan, a package of labour market reforms proposed in response to the review conducted by Matthew Taylor into the changing British labour market and which published its...more
1/7/2019
/ Agency Relationship ,
Breach of Contract ,
Corporate Counsel ,
Derogation ,
Employee Rights ,
Employer Liability Issues ,
Employment Tribunals ,
Federal Labor Laws ,
Gig Economy ,
Holiday Pay ,
Labor Reform ,
Notice Requirements ,
Penalties ,
Proposed Amendments ,
Sweden ,
Temporary Employees ,
UK ,
Written Agreements
A data subject (defined in the GDPR as an identified or identifiable natural person) has a right under the General Data Protection Regulation (GDPR) to make a data subject access request (DSAR) to find out what personal data...more
12/4/2018
/ Corporate Counsel ,
Data Controller ,
Data Subject Access Requests ,
Discovery ,
Electronically Stored Information ,
EU ,
Exceptions ,
General Data Protection Regulation (GDPR) ,
Information Commissioner's Office (ICO) ,
Personal Data ,
Redaction ,
Scope of Discovery Requests ,
Third-Party ,
UK Data Protection Act
A new 2018 version of The UK Corporate Governance Code has been published by the Financial Reporting Council (FRC) following a period of consultation. The new Code is broadly similar to the current 2016 Code, but is in a...more
8/6/2018
/ Amended Rules ,
Board of Directors ,
Companies Act ,
Corporate Culture ,
Corporate Governance ,
Director Nominations ,
Executive Compensation ,
Financial Reporting Council (FRC) ,
Investment Adviser ,
Investors ,
Remuneration ,
Shareholders ,
Succession Planning ,
UK
The maximum compensation that the Employment Tribunal can award for “ordinary” unfair dismissal claims will increase from 6 April 2018, as will the weekly wage figure for calculating an employee's entitlement to a statutory...more
The UK Government today announced its response to “Good Work: the Taylor Review of Modern Working Practices.” This was an independent review commissioned by the Government and published in July 2017 into the changing British...more
2/8/2018
/ Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Employment Tribunals ,
Enforcement Actions ,
Flexible Work Arrangements ,
Gig Economy ,
HMRC ,
Holiday Pay ,
Independent Contractors ,
International Labor Laws ,
Minimum Wage ,
National Insurance Contributions ,
Sick Pay ,
UK ,
Wage and Hour
In this OnPoint we report on the Equality and Human Rights Commission's proposals for its approach to enforcing employers’ gender pay gap reporting obligations....more
The Hampton-Alexander Review (the “Review”), an independent, business led review supported by the UK Government, has published its ‘one year on’ supplementary report on gender balance in FTSE leadership....more
11/17/2017
/ Board of Directors ,
Corporate Governance ,
Diversity ,
FTSE ,
Gender-Based Pay Discrimination ,
Leadership ,
Pay Gap ,
Performance Reviews ,
Publicly-Traded Companies ,
Reporting Requirements ,
UK ,
Wage and Hour ,
Woman Board Members
The Grand Chamber of the European Court of Human Rights (ECtHR) held in Barbulescu v Romania (Application no. 61496/08) last week that there was a breach of the right to privacy where an employer searched the contents of an...more
9/14/2017
/ Appeals ,
Article 8 ,
Damages ,
Email ,
Employee Handbooks ,
Employee Monitoring ,
Employee Privacy Rights ,
Employment Policies ,
Employment Tribunals ,
EU ,
European Convention on Human Rights ,
European Court of Human Rights ,
Investigatory Powers Act 2016 ,
Notice Requirements ,
Right to Privacy ,
UK ,
UK Data Protection Act ,
Wrongful Termination
The Supreme Court’s recent decision quashing the Employment Tribunal fee regime is not the only recent employment law news of which UK employers need to be aware. This OnPoint summarises some other recent developments....more
8/10/2017
/ Bereavement Leave ,
Directors ,
Employee Benefits ,
Employment Tribunals ,
Hiring & Firing ,
Holiday Pay ,
Joint and Several Liability ,
Over-Time ,
Parental Leave ,
Personal Liability ,
UK ,
UK Employment Appeal Tribunal ,
UK Supreme Court ,
Unfair Dismissal ,
Whistleblowers
The Taylor Review of Modern Working Practices was published this week and this update reports on its detailed recommendations for reform of UK employment law in terms of its application to those who are engaged other than as...more
This update reports on the Court of Appeal’s judgment in Chesterton Global Limited and anor v Nurmohamed in which it considered the public interest requirement of the UK’s whistleblowing legislation....more
Whether employers can lawfully – or indeed should – equalise the Shared Parental Pay which they offer with the enhanced maternity pay which they provide – is proving not to be a straightforward issue as a recent Employment...more
The Queen’s Speech on 21 June 2017 confirmed the government’s plans for a new data protection law ensuring "that the United Kingdom retains its world-class regime protecting personal data". ...more
The maximum compensation that the Employment Tribunal can award for “ordinary” unfair dismissal claims will increase from 6 April 2017, as will the weekly wage figure for calculating an employee's entitlement to a statutory...more
This OnPoint reports on the Court of Appeal judgment in Dawson-Damer & Ors v Taylor Wessing LLP, handed down on 16 February 2017, which addresses two key aspects of the legislation enabling individuals to lodge subject access...more
Since the financial crisis of 2008 / 2009, swathes of new regulations have been introduced governing various aspects of remuneration in the financial services sector. A key feature of these rules is the compulsory clawback of...more
The Department for Business, Energy & Industrial Strategy (BEIS) has recently published a Green Paper on options for future corporate governance reform. The Government’s stated objective is to put in place “the right checks...more
12/9/2016
/ BEIS ,
Board of Directors ,
Corporate Governance ,
Executive Compensation ,
Pay Ratio ,
Privately Held Corporations ,
Publicly-Traded Companies ,
Regulatory Reform ,
Remuneration ,
Shareholder Votes ,
Shareholders ,
Transparency ,
UK
The long awaited final draft of the Gender Pay Gap Regulations was published on 6th December 2016. The Regulations are scheduled to come into force on 6th April 2017. This OnPoint summarises the provisions of the Regulations...more
Under section 7 of the Data Protection Act 1998 (DPA) employees are entitled to make a data “subject access request” (SAR) in order to obtain copies of the personal data held about them by their employer and certain other...more