Insights & News

M&A employment law support – TUPE and changes to terms

Inbrief

25 May 2022

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) can raise some difficult employment law issues during mergers and acquisitions. This Inbrief examines the challenge for a buyer of changing employees’ terms and conditions once the deal is done.

Data Protection and Employment

Inbrief

18 May 2022

The General Data Protection Regulation (GDPR) is a European legislation affecting all organisations that hold personal data on living individuals. It aims to ensure that organisations using and processing personal data do so fairly and lawfully and gives a number of rights to individuals in terms of how they can access their data and influence its use.

Five compliance tips for UK Visas and Immigration account holders

Inbrief

05 May 2022

Individuals who hold a UK Visas and Immigration (UKVI) account need to maintain the details recorded in it. In this article we outline some tips for when to review and update the information to minimise the chance of delays at the border and to ensure access to the account is not disrupted.

Positive action in the workplace

Inbrief

21 April 2022

Positive action (called affirmative action in the US) involves taking steps to favour or encourage people from protected groups to make up for historic barriers or lack of opportunity. This Inbrief looks at the scope for taking lawful positive action in the workplace under British employment law.

Establishing a business presence in the UK

Inbrief

14 April 2022

If you are a non-UK corporate body and you wish to establish a business presence in the UK, this brief guide covers the main issues you need to consider.

Paternity leave and pay

Inbrief

08 April 2022

The law relating to paternity leave and pay is not as developed or as complicated as maternity legislation, but employers still need to be aware of the legal position. In this Inbrief, we summarise the rules and look at some practical issues.

Flexible working - the right to ask

Inbrief

08 April 2022

Employees seeking a better balance between the demands of work and personal life may seek a change in their working arrangements – for example, through part-time working, job-sharing or a change in working hours. While there is no right to insist on working in a different way, there is a statutory right to ask for a flexible working arrangement and to have that request seriously considered.

Parental bereavement leave

Inbrief

08 April 2022

As of 6 April 2020, working parents who lose a child under the age of 18 or have a baby stillborn after 24 weeks of pregnancy have the right to take two weeks’ paid bereavement leave. This Inbrief summarises the rights introduced for both leave and pay, the notice requirements and the practical implications for employers.

Termination of employment

Inbrief

07 April 2022

Terminating employment can create a plethora of unwanted issues for the employer, including claims of wrongful or unfair dismissal.

Whistleblowing

Inbrief

07 April 2022

Workers who “blow the whistle” on their employers have the right not to be dismissed or otherwise penalised as a result.

Redundancy

Inbrief

07 April 2022

This Inbrief looks at how employers can minimise the risk of legal claims when dismissing employees by reason of redundancy. The starting point is making sure that there is a genuine redundancy situation. The crucial thing then is to follow a reasonable procedure, including consulting the affected employees, applying a fair selection process and considering alternative employment. Finally, those dismissed should be given their correct redundancy pay.

Equality at work

Inbrief

30 March 2022

Discrimination in the workplace is governed by the Equality Act 2010.This brings together into one place all of the equality laws that had developed over a number of years, including those based on EU law. It also covers discrimination in other areas such as the provision of goods, facilities and services. This lnbrief gives an overview of the law in an employment context.

Maternity leave and pay

Inbrief

25 March 2022

The law recognises employees on maternity leave as being particularly vulnerable and gives them special protection. As a result, employers need to be careful to make sure they comply with their legal obligations in this area. This Inbrief summarises the rights that employees on maternity leave enjoy and looks at some common problem areas.

Family rights

Inbrief

25 March 2022

Employees who have parental responsibility for a child are afforded certain legal rights in order to protect and support their role as parents. In this Inbrief, we summarise the basic legal position on maternity and adoption, shared parental leave, paternity leave, parental leave, time off for dependents and flexible working, referred to collectively as “family rights”.

Remote working overseas

Inbrief

23 February 2022

The Covid-19 pandemic caused many employees to ask if they could work from “home” from an overseas country. Two years on, it’s clear that the wish to work abroad – either on a temporary basis, or in some cases indefinitely – is part of a permanent sea change in working practices. Technology makes it possible – but this Inbrief explains the potential legal issues and how to avoid the traps

Senior Managers Regime, Certification Regime and Conduct Rules

Inbrief

11 January 2022

The Senior Managers Regime, Certification Regime and Conduct Rules (SMCR) was introduced in response to the global economic crisis to strengthen accountability and encourage good governance. The regime requires clear allocation of responsibilities to senior managers and, crucially, makes it much easier for them to be held personally liable for governance failures. It also aims to improve awareness of conduct issues across firms and, together with increased individual accountability, deter misconduct.

Ramadan and the workplace

Inbrief

11 January 2022

During the Islamic holy month of Ramadan, practising Muslims will fast from sunrise to sunset for a period of 30 days. This InBrief looks at considerations for employers during Ramadan and how they can support their staff.

Directors and their general duties

Inbrief

02 December 2021

English law imposes on company directors high standards of behaviour and they must put the interests of the company before their own. Their duties are derived from both statute and case law. In addition to general duties, there are extensive specific duties. This is an introductory guide to those general duties.

Enforcing arbitral awards in England & Wales

Inbrief

29 October 2021

Where a party has obtained a favourable arbitration award in a jurisdiction other than England and Wales and the respondent to those arbitration proceedings has assets in this jurisdiction, the successful party may wish to enforce the arbitration award here. This guide will consider the steps that the successful party must take in order to be able to do so.

Droit du travail dans le cadre des fusions et acquisitions — réponses à dix questions

Inbrief

11 October 2021

Dans les fusions et acquisitions (F&A), il peut être difficile de s’y retrouver entre les exigences et les ramifications juridiques de la transaction. Cette publication répond aux dix principales questions que les vendeurs et les acheteurs doivent prendre en compte en matière du droit du travail dans les transactions F&A.