Charles Wynn-Evans

Charles Wynn-Evans

Dechert LLP

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Travelling Time - Is It Work? CJEU Decides that Travel Time for Workers With No Fixed Workplace Can Be Working Time

The Court of Justice of the European Union (the CJEU) has held, in Federacion de Servicios Privados del sindicato Comisiones obreras v Tyco Integrated Security SL & ors, that for the purposes of the Working Time Directive...more

9/16/2015 - CJEU EU National Minimum Wage Regulations (NMWR) Travel Time Traveling Employee UK Wage and Hour

LLP Agreements and Repudiatory Breach

This OnPoint reports on a recent important High Court decision ?limiting the remedies available for breach of a UK LLP agreement. Generally, in contract law, if a party to a contract commits a breach which is...more

8/1/2015 - Breach of Contract Damages Discrimination Garden Leave Limited Liability Partnerships Limited Partnership Agreements LLPs Members Repudiation UK

Is Garden Leave Overrated?

The value of garden leave - Including express 'garden leave' provisions into the contracts of employment of key executives in the UK has long been seen as a key aspect of an employer's armoury in relation to the...more

6/3/2015 - Contract Drafting Employment Contract Garden Leave Restrictive Covenants UK

Consideration for Covenants

The recent UK High Court decision in Re-use Collections Limited v Sendall & May Glass Recycling Ltd, highlights to employers that new restrictive covenants will not be enforceable against employees unless substantial...more

5/11/2015 - Consideration Employment Contract Restrictive Covenants UK

Relying on Express Contractual Powers to Change Employees’ Terms

Three recent cases in the UK have highlighted the issues employers need to consider when they want to use express provisions in employment contracts to change employees' terms and conditions. Originally published online...more

4/28/2015 - Collective Bargaining Employee Handbooks Employment Contract Sick Leave Teachers Terms and Conditions UK Unions

Harassment and Political Belief

In the case Henderson v GMB, the UK's Employment Appeal Tribunal (EAT) had to consider whether the claimant had been subjected to harassment related to his beliefs. The claimant in the case was a trade union official who had...more

4/27/2015 - Discrimination Employment Rights Act Harassment Political Affiliation UK UK Employment Appeal Tribunal Unfair Dismissal

Whistleblowing - EAT Considers the "Public Interest" Test

In Chesterton Global Limited and anor v Nurmohamed the Employment Appeal Tribunal (“EAT”) has considered for the first time the public interest test introduced into the UK’s whistleblowing legislation in 2013....more

4/15/2015 - Public Interest UK UK Employment Appeal Tribunal Whistleblowers

Shared Parental Leave in the UK

Is it good to share? New Shared Parental Leave (SPL) and Statutory Shared Parental Pay (ShPP) rules allow eligible employees to share up to 50 weeks' leave and 39 weeks' pay in the year following a child's birth or...more

4/10/2015 - Employee Benefits Holiday Pay Maternity Leave Notice Requirements Parental Leave UK

Zero Tolerance of Zero Hours Contracts

Zero hours contracts are favoured by many employers in the United Kingdom due to their flexible nature, allowing them to respond to fluctuating demands for services. According to the Office of National Statistics, in the...more

3/19/2015 - Employment Contract Exclusivity Clauses Holiday Pay Sick Pay UK Zero Hours Contracts

Increase in UK Employment Compensation Limits

The maximum compensation that the Employment Tribunal can award for “ordinary” unfair dismissal claims will increase from 6 April 2015, as will the weekly wage figure for calculating an employee's entitlement to a statutory...more

2/16/2015 - Compensatory Damages Employment Tribunals Redundancy Dismissals UK Unfair Dismissal

Can Offensive Personal Tweets Justify Dismissal?

Most of the case law in the UK on dismissals related to employees' social media activity has been at employment tribunal level and therefore the recent decision of the Employment Appeal Tribunal (“EAT”) in Game Retail v Laws...more

12/19/2014 - Corporate Counsel Hiring & Firing Offensive Language Social Media Social Networks Termination Twitter UK

CJEU Gives Opinion On Whether Obesity Is A Disability

The Court of Justice of the European Union (CJEU) has held, in Karsten Kaltoft v Municipality of Billund, that obesity can constitute a disability for the purposes of EU discrimination law, albeit only where the requirements...more

12/19/2014 - CJEU Disability Discrimination EU

The Costs of Employment Tribunal Claims - Hidden Extras?

When considering the potential dismissal of an employee, UK employers understandably want to know what their maximum financial exposure could be if things go wrong. There is, however, often no simple answer to this question....more

11/26/2014 - Employment Tribunals Hiring & Firing UK

UK Holiday Pay Rulings - Overtime Pay To Count But Retrospective Claims Potentially Limited

This OnPoint reports on the judgments handed down by the Employment Appeal Tribunal today confirming that under UK law the calculation of holiday pay must include overtime and taxable travelling time payments, that the...more

11/5/2014 - Employer Liability Issues Employment Tribunals Holiday Pay UK Wage and Hour

Why Bother With Two-Stage Settlement Agreements?

In this OnPoint we report on why UK employers might wish to use so called “two stage” settlement agreements when agreeing the terms of an employee’s departure and the settlement of any resulting claims. ...more

10/31/2014 - Hiring & Firing Settlement UK

Making UK Employees Aware of the Perils of Pilfering Their Employers' Confidential Information

Employers need to appreciate and address the fact that employees who remove their employers’ confidential information often do not appear to appreciate the risks of being caught or the potentially very serious consequences of...more

10/14/2014 - Confidential Information Electronically Stored Information Personally Identifiable Information UK

New Rights to Time Off Work to Accompany a Pregnant Woman to Ante-Natal Appointments and to Attend Adoption Appointments

Employees and certain agency workers in England and Wales who have a “qualifying relationship” with a pregnant woman will have the statutory right to unpaid time off work in order to accompany the woman to no more than two...more

9/30/2014 - Employer Liability Issues Family Members Maternity Leave UK Unpaid Leave

ACAS Guidance on Dress Codes

ACAS has recently published guidance for employers based in Great Britain on dress codes. This Dechert OnPoint outlines the key issues raised by the ACAS Guidance that employers should bear in mind when drafting or updating a...more

9/30/2014 - Dress Codes UK

LLP Members and Pensions Auto-Enrolment: An Update

The UK Supreme Court ruled in May 2014, in Clyde & Co LLP and another v Bates van Winkelhof, that members of Limited Liability Partnerships (LLPs) are to be treated as “workers” and therefore are covered by the protections...more

8/14/2014 - Automatic Enrollment Employee Rights LLPs Pensions UK Whistleblowers

Flexible Working Extended to All Employees in the United Kingdom

As of yesterday, 30 June 2014, any employee with at least 26 weeks’ service will enjoy a statutory right to request a flexible working arrangement (usually part-time or changed hours or working from home). This replaces the...more

7/1/2014 - Employee Benefits Flex-Time Policies Flexible Work Arrangements UK

Holiday Pay in the United Kingdom: Commissions Must Be Included

The European Court of Justice recently issued a decision about the calculation of holiday pay which will have potentially important consequences for employers. In British Gas v Lock, the Court held that holiday pay in respect...more

5/26/2014 - Holiday Pay Sales Commissions UK

UK Supreme Court Rules That LLP Members Benefit From Whistleblower Protection

The UK Supreme Court has ruled in Clyde & Co LLP and another v Bates van Winkelhof that members of Limited Liability Partnerships (LLPs) are to be treated as “workers” and therefore are covered by the protections which UK law...more

5/22/2014 - Employee Definition Limited Liability Partnerships UK Whistleblower Protection Policies Whistleblowers

International Transfer Window Now Open for Irish Pensions

The Irish High Court recently considered the transferability of personal retirement savings accounts (“PRSAs”) to overseas jurisdictions. This decision could have important implications for the Irish pensions industry, which...more

5/21/2014 - Ireland Pensions

International Employment Law Review - March 2014 - Issue 5

Welcome to the latest edition of the International Employment Law Review, presented by Dechert’s Labor and Employment Practice. In this issue, we examine the most significant employment law developments in Belgium, England...more

3/26/2014 - Collective Bargaining Employee Rights EU International Labor Laws Russia UK

Financial Penalties for Breaches of Employment Rights with “Aggravating Features” to be Imposed in the UK from April 2014

At present, when an employment tribunal finds in favour of a claimant, it does not have any power to penalise the employer for breaching the statutory employment obligations it owes to the individual other than by way of an...more

3/26/2014 - Employee Rights Employer Liability Issues UK

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