Jurisdiction: UK

Is there a role for ADR in employment disputes?

The Global Pound Conference (GPC) Series is a unique and ambitious initiative to inform how civil and commercial disputes are resolved in the 21st century, collating views from over 4000 people at 28 conferences spanning 24 countries worldwide. Herbert Smith Freehills teamed … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: Australia, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Spain, Jurisdiction: UK

UK: no direct discrimination in failure to enhance shared parental leave pay to match maternity pay; indirect discrimination claim to be reheard

Many employers who enhance maternity pay have chosen not to mirror this for shared parental leave, pending clarity as to whether this could be direct or indirect sex discrimination. The EAT has now given its first rulings on the issue. … Continue reading

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Filed under Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment), Workplace flexibility and family-friendly rights

UK: Supreme Court implies term that notice only starts to run once employee has received and had an opportunity to read it

The Supreme Court has ruled that, in the absence of an express contractual provision to the contrary, notice of dismissal by post starts to run when the letter comes to the attention of the employee and they have either read … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: employers should update template termination agreements in light of April tax changes and developments on NDAs

The tax treatment of payments for termination of employment has changed for terminations taking place on or after 6 April (see our earlier blog post here). The effect of the changes is to fully tax as earnings such part of … Continue reading

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

EU: Commission publishes draft whistleblowing directive

The European Commission has published a new draft directive to strengthen whistleblower protection across the EU.  The proposal is to provide EU-wide protection for blowing the whistle on breaches of specified types of EU legislation (for example, legislation on financial … Continue reading

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Filed under Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Spain, Jurisdiction: UK, Whistleblowing

UK: Supreme Court rules that negotiating damages will not be available for breach of employment covenants in most cases

Negotiating damages (or ‘Wrotham Park’ damages) are damages for such amount as would notionally have been agreed between the parties, acting reasonably, as the price for releasing one party from its contractual obligations. The Supreme Court in Morris-Garner v One … Continue reading

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

UK: The gender pay gap deadline has passed – what next for employers?

The deadline for larger employers to publish their gender pay gap reports passed on 4 April 2018, with around 1500 employers in default. The Equality and Human Rights Commission published its finalised enforcement strategy at the end of March and … Continue reading

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

UK: Unilateral variation to terms may not be effective even where employees continue to work without expressly reserving their position

Employers wishing to change terms of employment should bear in mind that imposing a change unilaterally may not be effective even if the change is of immediate practical effect and the employee continues to work without expressly stating that this … Continue reading

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Filed under Jurisdiction: UK, Terms of employment contracts

UK: scope of duty of care when writing reference with opinion based on earlier investigation

Employers will welcome a High Court ruling in Hincks v Sense Network that the duty of care to an ex-employee, when giving a reference detailing opinions on performance reached following an investigation, does not normally require the referee to examine … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: consultation on parental bereavement leave and pay

The Government is supporting a private member’s bill which, subject to Parliamentary approval, will require the Secretary of State to introduce regulations creating a legal requirement for all employers to grant a period of a minimum of 2 weeks of … Continue reading

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Filed under Jurisdiction: UK, Workplace flexibility and family-friendly rights