This category can only be viewed by members.
Are quotas imposed by the EU the best way to increase the number of female directors, asks Stephen Levinson Research by McKinsey & Company, carried out in 2007, claimed that companies with more women on their boards outperformed their rivals, with a 42% higher return on sales.The UK is at war with Europe, again. This …
Continue reading "Women On Boards: The justice commissioner and the men in dark suits"
This post is only available to members.
Kevin Palmer considers the potential impact of the government’s plans to repeal three key anti-discrimination provisions 45,000 and 60,000 employer hours per year are being assigned to completing discrimination questionnaires. In the government’s view, this hinders business market freedom, with valuable man hours wasted on potentially spurious claims. Following separate reviews of equality legislation under …
Continue reading "Equality Act: Red tape versus rights"
This post is only available to members.
The Court of Appeal has held that LLP members lose employment rights but an independent contractor surgeon is ‘a worker’, reports David Ludlow A worker is ‘to some extent at least subordinate to the employer’ whereas ‘the partnership concept is the antithesis of subordination’. Employment lawyers and tribunals regularly deal with cases in which the …
Continue reading "Employment Status: Members and partners are left whistling"
This post is only available to members.
Catherine Taylor and Dominic Holmes look at some important lessons to be learned from a recent decision on team moves CEF based its case of unlawful advantage on a claim for conspiracy to injure. The High Court determined that there was no evidence to support conspiracy to injure, which is a very serious tort that …
Continue reading "Employee Competition: Getting restrictions right"
This post is only available to members.
Companies investigating fraud in both the UK and US need to be aware of key differences in local legislation, explain Ellen Temperton, James Storke and Jim Hart This article focuses on three areas critical to an investigation spanning the UK and US – whistleblower protection, privacy and data protection rules, and privilege. According to the …
Continue reading "Anti-Corruption: Conducting cross-border investigations"
This post is only available to members.
Christopher Hitchins and Kathryn Pickard examine the government’s scheme to encourage more workers to save for their retirement An employer must not offer a financial inducement (for example a higher salary or one-off bonus) to jobholders to encourage them to opt out of auto-enrolment. This October marked the start of mandatory pensions auto-enrolment for the …
Continue reading "Pensions: An employment lawyer’s guide to auto-enrolment"
This post is only available to members.
Susie Al-Qassab considers the consequences of three recent decisions in the EAT on the mutuality of obligation test The fact that the claimants worked rostered hours to which they could object if they posed them a problem, did not preclude mutuality of obligation. To establish employee status and enjoy the rights and protections only available …
Continue reading "Employment Status: Keeping it casual"
This post is only available to members.
Michelle Last and Nicholas Robertson contemplate a recent High Court ruling on whether the deterrent effect of a repayment provision was so great that it prevented an employee from leaving the company It is logical that the greater the value of the potential repayment, the more likely it could be deemed to be a strong …
Continue reading "Restraint Of Trade: Payback time"
This post is only available to members.
The government is proposing to cut the consultation period for large-scale redundancies to improve the standard of such consultations, report Oliver Brettle and Daniella Ebrahimoff ‘The obligation on employers to adhere to the minimum consultation periods can restrict employers’ ability to meet the varying demands of the business, which is often the reason why they …
Continue reading "Collective Redundancy: Quality not quantity"
This post is only available to members.
Matthew Howse and Celia Kendrick examine the impact of the government’s proposals to reform the law on the remuneration of directors in publicly listed companies Preparing for and complying with the new requirements is likely to cost affected companies heavily in terms of advisers’ fees and management time. In a speech to the House of …
Continue reading "Executive Pay: New powers for shareholders"
This post is only available to members.
