December 2015/January 2016 #166 – Law Journals

Labour Market Exploitation: Crime and punishment

Louise Benski and Richard Kenyon examine the trend towards state enforcement of employment law rights, including the proposals to tackle abuse of vulnerable workers ‘Enforcement officers report that over the last decade serious and organised crime gangs have been infiltrating legitimate labour supply chains across a number of sectors, and that the incidence of forced …

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Whistleblowing: What does ‘in the public interest’ mean?

Following two recent EAT cases, employers face the renewed prospect of workers receiving whistleblowing protection for disclosing breaches of their own employment contract, warns Sarah Ozanne ‘It is noteworthy that the legislation does not define public interest. Nor does it require that the disclosure be in the public interest, just that the worker has a …

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Financial Sector: Getting ready for the Senior Managers Regime

Joanna Chatterton and Peter Wright outline new requirements making senior managers in banking and insurance firms more accountable for their decisions ‘A new certification regime will effectively transfer responsibility for assessing employees’ fitness and propriety from the regulators to employers and will be accompanied by a revised set of conduct rules.’ Financial institutions and insurance …

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Recruitment: What’s in a name?

Shivali Chaudhry investigates measures such as name-blind job applications designed to stamp out unconscious bias among recruiters ‘It is hoped that these measures will tackle the disappointingly sluggish progress made towards reducing the gender pay gap.’Household-name employers in both the public and private sector are piloting a voluntary scheme to select candidates for interview on …

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Women On Boards: More work to do

Elaine Banton looks at how much progress the UK’s biggest businesses have made in increasing the number of female directors they employ and highlights what they need to do next ‘Many businesses have embraced the changes so far, with the Davies report noting moves from all-male boards to more productive and diverse ones. However, it …

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Working Time: Calculating the cost of underpaid holiday

Chris Tutton discusses a recent ECJ decision on how much holiday pay a worker was entitled to after she increased her hours ‘The ECJ’s earlier decision in Zentralbetriebsrat der Landeskrankenhauser Tirols [2010] had made it clear that a change in working patterns… cannot reduce the amount of leave the employee has already accrued. This decision …

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Territorial Jurisdiction: Claims against directors under the Brussels Regulation

The ECJ has recently considered when the special employment jurisdiction rules in the Brussels Regulation will apply to claims against directors. Andrew Taggart, Anna Pertoldi and Donny Surtani consider the implications ‘The ECJ held that if there was a contract of employment between Mr Spies and Holterman, the employment provisions in the Brussels Regulation applied.’ …

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The Year Ahead: Ten predictions for 2016

Sarah Parkin rounds up the key employment law cases and legislative developments that practitioners can expect in the coming year ‘2016 looks set to be an interesting year for employment practitioners and in-house counsel. The top ten developments to look out for are outlined in this article.’ With a number of significant Court of Appeal …

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