Spain: the new Spanish Labour Procedure Act 36/2011

The New Spanish Labour Procedure Act 36/2011, (recently approved on 10 October 2011) entered into force on 11 December 2011, and implements significant changes in relation to the jurisdiction of the Labour Courts and cases and proceedings that they have the authority to hear. Read more

UK: No contractual damages for manner of dismissal

The Supreme Court has ruled that employees are not entitled to claim contractual damages for the manner of dismissal, whether in relation to a breach of an express disciplinary policy or breach of the implied term of trust and confidence. Where there is the potential for findings of misconduct to cause reputational damage and therefore … Read more

UK: Is clawback the new market standard?

"The inclusion of clawback and malus provisions in scheme designs and executive contracts is a recognised way to prevent executives receiving rewards that are undeserved. Shareholders expect to see such provisions included in relevant arrangements and for them to be enforced when appropriate." ABI Principles of Remuneration, September 2011 Clawback provisions are becoming increasingly common in … Read more

UK: Completion of Remuneration Policy Statement – final reminder!

If you are a Tier 2, 3 or 4 firm, there is now less than one month to go to complete your Remuneration Policy Statement (RPS) as required by the FSA Remuneration Code. By 31 December 2011, you will need to have met with your Remuneration Committee (or equivalent body) to gain the necessary approvals … Read more

UK: No service provision change under TUPE where client changes

The EAT has ruled for the first time that the service provision change provisions of TUPE cannot apply where the client to whom services are being provided changes at the same time as the change in service provider. This ruling is good news in particular for purchasers of property portfolios.  Until now the cautious approach … Read more