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European Works Councils: abolition of the UK’s legal framework?
22 May 2024As part of its efforts to reduce regulatory burdens on businesses, the government has initiated a consultation on its plan to remove the legal framework for maintaining legacy European Works Councils in the UK. We explore why the repeal of “ill thought through legislation” is likely to be welcomed.
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Consultation on reforms to TUPE: would it be smarter?
22 May 2024Under the banner of “smarter regulation”, the government has launched a consultation into reform of TUPE. The government promises simplicity and clarity, but would it deliver?
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Catherine Hayes and Sinead Likely comment on what the new right to request remote and flexible working means for employers for Retail News
Press
21 May 2024Following the recent introduction of the right to request remote and flexible working arrangements and guidance for employers published by the WRC, Catherine Hayes and Sinead Likely look at what the Code of Practice says, and some of the key takeaways employers need to know.
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Changes to the collective redundancy legislation and clarity on employers’ consultation obligations in recent Labour Court decision
16 May 2024Several high-profile cases, including those involving Clerys and Debenhams, brought inadequacies of the existing collective redundancy legislation into focus in recent years. The legislation designed to address those gaps has now passed all stages of the legislative process and is expected to become law shortly. We look at what these changes are, and what they will mean for employers in a collective redundancy process. We also look at the recent decision of the Labour Court in the Debenhams appeal which brings further clarity to employers’ consultation obligations.
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Responding to mental health emergencies in the workplace
09 May 2024Mental Health Awareness Week (13 – 19 May 2024) shines a spotlight on the importance of employee well-being. We consider how employers can prepare for and respond to mental health emergencies at work, focusing on both the employment and data considerations.
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Accounting for climate change in flexible working requests - Jonathan Carr and Gemma Taylor write for Law360
Press
03 May 2024The UK recently strengthened its flexible working laws to encourage more flexible and remote working. Should employers give greater weight to the climate when deciding whether to say "yes" or "no" to such requests?
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Blowing the lid off confidentiality obligations for whistleblowers
02 May 2024Confidentiality clauses in employment contracts typically aim to protect an employer’s confidential information, however there are limitations to the extent to which they can restrict whistleblowing activities
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Schoolteacher’s dismissal for manifestation of gender critical beliefs was neither discriminatory nor unfair
02 May 2024A schoolteacher was fairly dismissed for the manifestation of gender critical views, including misgendering and deadnaming a student. His claims of discrimination based on his protected philosophical belief all failed.
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Neurodiversity for employers: creating a neuroinclusive workforce – Lucy Lewis and Charlotte Morgan write for PLC magazine
02 May 2024The Chartered Institute of Personnel and Development has published a guide on neuroinclusion at work which sets out key principles for creating a neuroinclusive organisation.
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WRC orders UCC to pay Professor €300,000 after he was unfairly dismissed
30 April 2024In the recently published case, Wim Naude v UCC, a Dutch economics scholar, who was hired as a Professor of Economics by University College Cork (‘UCC’) during the Covid-19 pandemic, was awarded €300,000 by the Workplace Relations Commission (‘WRC’) after it held that he had been dismissed unfairly and without warning for failing to relocate to Cork.
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IP theft and breach of contract: What’s the damage?
26 April 2024A number of high-profile cases in the US involving theft and misappropriation of confidential information and trade secrets by employees within the life sciences, pharma and healthcare industries, have been making headlines recently.
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In-House Employment Lawyers Coffee Break: Episode 6 – Our return to office survey results and what to watch out for with the National Minimum Wage rise
Podcast
25 April 2024Listen here for the latest developments and essential practical takeaways (short enough to fit into a 10-minute coffee break!). Lawyers from our IHELC team will discuss key developments in employment law with our usual pragmatism and insight, a touch of humour and a sharp focus on the in-house lawyer’s perspective.
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Ban on non-competes in the US
24 April 2024The US Federal Trade Commission (FTC) has this week voted in favour of implementing an almost complete ban on employee non-compete obligations, having threatened to do so for a number of years and having been supported by President Biden.
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More than seven-in-ten of the global workforce is currently exposed to risks linked to climate change - Jonathan Carr comments for The International Employment Lawyer
Press
24 April 2024A new report released by the International Labour Organization (ILO) has found that more than seven-in-ten of the global workforce is currently exposed to risks linked to climate change. Jonathan Carr comments for the IEL on the current health and safety obligations, and how they may change as the effects of climate change present new difficulties.
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Employers plot fightback against Britain’s sick day scourge - James Davies comments for the Telegraph
23 April 2024Some corporations hire private detectives as absences threaten £66bn economic hit. James Davies comments on the loss of productivity from long term illness for The Telegraph.
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EU AI Act: What does it mean for employers?
23 April 2024Recruitment, selection, promotion, termination: these key workplace decisions are all considered automatically “high risk” under the EU AI Act. What does this mean in practice? We look at some of the burning questions employers are likely to have on the impact of this legislation.
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High Court refuses to enforce a 12-month non-compete covenant against former Manulife employee
22 April 2024In the recent case of Manulife Financial Asia Limited v Kenneth Joseph Rappold & ors [2024] HKCFI 989, the employee (“Mr Rappold"), represented by Lewis Silkin, successfully defended an application for injunctive relief to enforce a 12-month non-competition covenant (the “NCC”). The application was brought by Manulife against Mr Rappold as well as his new employer, Prudential.
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Employment status
Inbrief
19 April 2024Employment status is important because an individual’s legal rights, protections and obligations will depend upon which class they fall into.
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Pension auto-enrolment
Inbrief
19 April 2024All employers are required to automatically enrol eligible jobholders into a suitable pension scheme and fund a minimum level of pension savings (without reducing pay or benefits elsewhere). At least 8% of qualifying earnings must be paid into the pension scheme, with a minimum employer contribution of 3%.
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Could “unhappiness leave” take off in China? - Catherine Leung comments for The International Employment Lawyer
19 April 2024Catherine Leung comments for the International Employment Lawyer on what employers need to consider when implementing additional leave policies for its employees.