Charles Wynn-Evans

Charles Wynn-Evans

Dechert LLP

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No Right to Privacy in the Workplace?

Last week the European Court of Human Rights held in Barbulescu v Romania (Application no. 61496/08) that there was no breach of the right to privacy where an employer searched the contents of an employee's instant messaging...more

1/18/2016 - Employee Privacy Rights EU European Court of Human Rights Hiring & Firing Human Rights Popular Romania Social Media UK Data Protection Act

Why Parting Company with Executives Needs Careful Management

UK Employers need to avoid post-exit bad-mouthing, spurious reasons for leaving, and poor handovers. There are a number of practical issues which employers need to consider when planning and implementing an executive’s...more

12/2/2015 - Business Partners Corporate Officers Hiring & Firing Settlement Agreements UK

Why Redundancy is Not a Safe Remedy for Poor Performance

Sometimes managers can appear to think that dismissals for redundancy or poor performance are interchangeable. But the procedures which need to be followed in the UK in either case, to avoid an employee being able to bring a...more

11/30/2015 - Human Resources Professionals Poor Job Performance Redundancy Dismissals UK Unfair Dismissal

UK Employers Need to Respond Carefully to ‘Blackmail’ from Departing Employees

Settlement agreements are designed to settle actual or potential claims or the terms on which an individual’s employment comes to an end. Negotiating them can be highly sensitive. In difficult situations, especially...more

11/30/2015 - Blackmail Hiring & Firing Settlement Agreements UK

How to Deal with Grievances During Disciplinary Procedures

Could UK Employers Risk an Unfair Dismissal Claim if They Do Not Pause the Process? One issue which can trouble HR professionals is how to deal with a grievance lodged by an employee during the course of a disciplinary...more

11/24/2015 - Disciplinary Proceedings Grievance Process UK UK Employment Appeal Tribunal Unfair Dismissal

UK Executives Acquitted of Charges in Respect of Alleged Redundancy Consultation Breaches

As reported in a previous Onpoint three former directors of the collapsed parcel delivery firm City Link have been prosecuted relating to their failure to notify the Secretary of State of the redundancies which resulted from...more

11/23/2015 - Acquittals Board of Directors Collective Redundancy Consultations Criminal Prosecution Insolvency UK

Personal Liability for Redundancy Breaches

Collective redundancy consultation has recently become a lot more serious on a personal level for directors and senior managers. Three former directors of collapsed delivery company Citylink are being prosecuted in...more

11/12/2015 - Collective Redundancies Directive Criminal Prosecution Former Directors Personal Liability Redundancy Dismissals Secretary of State Senior Managers Trade Unions UK UK Insolvency Act

FCA and PRA Rules On Whistleblowing

The UK Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) published new whistleblowing rules in October 2015 (click here for FCA policy and here for PRA) aiming to ‘encourage a culture in which...more

11/6/2015 - Financial Conduct Authority (FCA) Prudential Regulation Authority Senior Managers Senior Managers Insurers Regime (SMIR) UK Whistleblowers

Improving the Gender Balance on British Boards

Lord Davies of Abersoch published on 29 October 2015, a five year review of his 2011 report aimed at improving the gender balance at the top of British business. There has been a significant improvement in the...more

11/5/2015 - Board of Directors Code of Conduct Diversity Gender Equity UK

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 - EU European Court of Justice (ECJ) 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 - Disability Discrimination EU European Court of Justice (ECJ)

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

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