Charles Wynn-Evans

Charles Wynn-Evans

Dechert LLP

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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 - 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 - ACAS 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 Working Time Regulations 1998

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

Mandatory Pre-Claim Conciliation for Employment Tribunal Claims in the UK

Employers and employees have long been able to volunteer to take part in conciliation to seek to resolve their disputes with the assistance of the Advisory Conciliation and Arbitration Service (“ACAS”). This service is most...more

3/26/2014 - Arbitration UK

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 2014, as will the weekly wage figure for calculating statutory redundancy payments....more

2/26/2014 - Employee Rights Employer Liability Issues Termination UK Unfair Dismissal

Changes to TUPE Coming Into Force in the UK

The long awaited and much debated changes to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) have now been finalised in the snappily titled Collective Redundancies and Transfer of...more

1/28/2014 - Collective Bargaining Employee Rights Termination TUPE UK

Global Legal Insights - Employment & Labour Law, 2nd Edition: United Kingdom

Introduction - The year since the first edition of Global Legal Insights – Employment & Labour Law has seen some of the most far-reaching and significant employment law reform in the United Kingdom for many years,...more

1/8/2014 - Employee Rights Employer Liability Issues Job Creation Termination UK Unemployment Wage and Hour Whistleblowers

UK's Information Commissioner’s Office issues guidance on dealing with requests from individuals for personal information

Dealing with a subject access request (SAR), whether or not the person making the request is an employee, can be very time consuming. The Information Commissioner’s Office (ICO) issued a Code of Practice in August 2013 on...more

11/15/2013 - Data Protection EU Personally Identifiable Information Subject Access Request UK UK Data Protection Act

UK Employment Law Update: Be Careful With Your Employment Procedures

This OnPoint reports on two recent UK employment law decisions which remind employers of the perils of failing to comply with appropriate procedures in relation to the conduct of disciplinary, grievance and other matters....more

9/16/2013 - Compliance Employer Liability Issues Grievance Process UK

TUPE Changes Announced Today - Less Dramatic Reform Than Expected?

TUPE - the Transfer of Undertakings (Protection of Employment) Regulations 2006 - is seen as one of the most complex, difficult and unpredictable areas for businesses to deal with when conducting business sales, outsourcings...more

9/5/2013 - Compliance Financial Regulatory Reform TUPE UK

Enhanced Redundancy Payments in the UK - Beware of Custom and Practice

Many employers make enhanced redundancy payments to staff in excess of the basic statutory entitlement as a matter of routine. The employer may be contractually committed - and entirely happy - to make these payments, where...more

8/19/2013 - Collective Bargaining Employer Liability Issues Employment Contract UK

International Employment Law Review: August 2013 - Issue 4: Recent Employment Law Developments in Russia

Legislation - Significant New Amendments to the Russian Labor Code - During the first half of 2013, a number of amendments were introduced into the Russian Labor Code. These amendments relate to remote...more

8/14/2013 - Advertising CEOs Discrimination Hiring & Firing International Labor Laws New Legislation Public Employees Residency Status Russia Statute of Limitations Temporary Employees Work Permits

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