Jurisdiction: UK

Trade Secrets – short video on the impact of the new UK Regulations in IP and employment contexts

Here’s a short video made for Practical Law, in which Herbert Smith Freehills IP and Employment Professional Support Consultants, Rachel Montagnon and Anna Henderson, discuss the impact of the UK’s recent Trade Secrets (Enforcement etc) Regulations 2018 and practical approaches to protecting confidential information and … Continue reading

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Filed under Jurisdiction: UK, Protection of business interests (including restrictive covenants and confidential information)

UK: Court of Appeal ruling on scope of protection for internal investigations

The Court of Appeal has handed down its eagerly awaited decision in The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd. The High Court had found that notes of interviews with employees were not protected by … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: UK

UK: No privilege for advice on how to “cloak” dismissal on basis of discrimination as dismissal for redundancy

The Employment Appeal Tribunal in X v Y Ltd has ruled that an email containing advice from an in-house lawyer was not protected by privilege due to the “iniquity principle”, as there was a strong prima facie case that it advised on … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: UK, Redundancy, Workplace culture, diversity and discrimination (including bullying and harassment)

Recruitment and protection of talent: a boardroom issue for pharma

Our article Recruitment and protection of talent: a boardroom issue for pharma is available on our pharma hub here. Technological advancement is key amongst the forces driving change in the pharmaceutical healthcare sectors, with businesses increasingly partnering with non-traditional players such … Continue reading

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Asia, Jurisdiction: Australia, Jurisdiction: Cross-border, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Spain, Jurisdiction: UK, Protection of business interests (including restrictive covenants and confidential information), Remuneration (including bonus and incentive plans)

UK: Government’s white paper on future relationship and technical notes in the event of a Brexit no-deal

Over the summer the Government published its white paper on the future UK-EU relationship post transitional period, covering a wide range of issues including immigration and employment. On immigration, the Government stated that it recognises the importance of moving and … Continue reading

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Filed under Data protection and privacy, International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK

UK: HMRC update on national minimum wage liabilities following a TUPE transfer

HMRC has issued an update confirming that, with effect from 2 July 2018, where there has been a TUPE transfer of employees, all national minimum wage  liabilities, including the full penalty amount, will now be enforced against the transferee employer, … Continue reading

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Filed under Business sales/transfers, Jurisdiction: UK, Remuneration (including bonus and incentive plans)

UK: employees protected against victimisation, despite ulterior motive for alleging discrimination, if acted honestly

The EAT in Saad v Southampton University Hospitals NHS Trust has held that an employee was able to claim victimisation where subjected to detriment for alleging discrimination even though the allegation was made for an ulterior motive (to deflect criticism … Continue reading

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Filed under Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)

UK: Employers may need to go further than strict compliance with the statutory right to a companion to ensure fairness

Employees have a statutory right to be accompanied to a disciplinary or grievance hearing by their chosen companion and, if that companion is unavailable on the date set, to have the hearing postponed by 5 working days. A failure to … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: new resources for employers

HMRC has created a new online guide on statutory sick pay. Public Health England and Business in the Community have published a new toolkit to help employers support workers affected by domestic abuse. Acas has published new guidance on job … Continue reading

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Filed under Jurisdiction: UK, Resources

UK: parliamentary committee inquiry into enforcement of the Equality Act; report into age discrimination

The House of Commons Women and Equalities Committee has launched an inquiry into the enforcement of the Equality Act 2010 and the effectiveness of the EHRC, with submissions sought by 5 October 2018. Lack of enforcement was one of the … Continue reading

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Filed under Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)