Katie Clark

Katie Clark

McDermott Will & Emery

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Brexit Update: UK Employment Law Implications

In Depth - What laws will change now? - None. The United Kingdom will continue to be an EU Member State until procedures are completed for exiting the European Union. This is likely to be a long process that...more

7/1/2016 - EEA EU Free Movement Holiday Pay International Labor Laws Involuntary Reduction in Force Member State Recruitment Policies Referendums Trade Agreements TUPE UK UK Brexit

Increase in UK Employment Protection Awards and New Mandatory National Living Wage

The compensation limits on Employment Tribunal awards and certain other amounts payable under UK employment legislation will be increased as of 6 April 2016. ...more

4/6/2016 - Minimum Wage Redundancy Payments UK UK Employment Appeal Tribunal

Holiday Pay – The Saga Continues

As you may have heard, the UK Employment Appeal Tribunal (EAT) has delivered its hotly-anticipated decision in Lock v British Gas Trading Limited, rejecting British Gas’ appeal… but, in our view, it’s a bit of a damp squib,...more

2/26/2016 - Appeals Holiday Pay UK UK Employment Appeal Tribunal Wage and Hour

UK Employment Law Forthcoming Attractions in 2016

January - DATA PROTECTION: NEW EUROPEAN REGULATION - After four years of negotiation and lobbying, the new European General Data Protection Regulation has now been finalised. The Regulation will govern...more

1/15/2016 - Collective Redundancy Consultations Financial Conduct Authority (FCA) Gender-Based Pay Discrimination General Data Protection Regulation (GDPR) Holiday Pay Popular UK Wage and Hour Whistleblowers Zero Hours Contracts

Paying The Penalty? Supreme Court Clarifies Rule Against “Penalty Clauses”

Last week, the Supreme Court of England and Wales issued a judgment that gives some welcome clarification about when a contractual provision may be deemed an unenforceable “penalty clause”. This should help employers draft...more

11/12/2015 - Breach of Contract Commercial Contracts Contract Drafting Employment Contract Penalties UK UK Supreme Court

Forced Labour and Human Trafficking: NewObligation to Publish Annual Statement

A new obligation has been introduced requiring large commercial organisations operating in the United Kingdom to publish a “slavery and human trafficking statement” at the end of each financial year....more

11/10/2015 - Disclosure Requirements Forced Labor Human Trafficking Modern Slavery Act Supply Chain UK

Any Port in a Storm? EU-US Data Transfers After Schrems and Safe Harbor

Last week, the Court of Justice of the European Union (CJEU) gave an important ruling which any business transferring personal data between the EU and the United States should know about — in particular those that make use of...more

10/15/2015 - Binding Corporate Rules Data Privacy Data Protection Authority Data Security EU EU Data Protection Laws European Commission European Court of Justice (ECJ) Facebook Informed Consent International Data Transfers Ireland Personal Data Risk Assessment SCC Schrems v Data Protection Commissioner Surveillance US-EU Safe Harbor Framework

Ruling on UK Executive’s Lawsuit Involving U.S.-Based Stock Option Plan

English executives employed by multinational companies often have a contract of employment with the company’s UK subsidiary, but may also participate in a separate bonus or share option plan that contains foreign (e.g., U.S.)...more

10/2/2015 - Anti-Suit Injunctions Breach of Contract Choice-of-Law Corporate Executives Employee Benefits Employment Contract EU Foreign Jurisdictions Jurisdiction Multinationals Stock Options Subsidiaries UK

Collective Redundancy Consultation: European Court Judgment is Good News for UK Employers

Background - UK legislation provides that, when a UK employer proposes to make redundant 20 or more employees at one establishment within a period of 90 days or less, the employer is required to collectively consult...more

7/17/2015 - Advocate General Appeals Collective Redundancy Consultations Employee Rights Employer Liability Issues EU Hiring & Firing Redundancy Dismissals UK Woolworths

Increase in UK Employment Protection Awards - May 2015

The compensation limits on Employment Tribunal awards and certain other amounts payable under UK employment legislation increased as of 6 April 2015. The key changes are set out below....more

5/29/2015 - Damages Employment Tribunals Termination UK

Collective Redundancy Consultation: European Court Judgment is Good News for UK Employers

We reported recently on the Advocate General's opinion in the Woolworths collective redundancy case. At the time, we were still awaiting the final decision of the European Court. That decision has now been delivered and it...more

5/4/2015 - Collective Redundancy Consultations Redundancy Dismissals UK

Free Fit For Work Service Begins Roll Out

The UK Government’s new, free occupational health service, Fit For Work (FFW) began its roll out on Monday this week. The aim of FFW is to provide assistance to employers and employees and reduce the amount of long term...more

3/13/2015 - Sick Leave UK

Flexibility Clauses: Worth the Paper They’re Written On?

A recent decision by the Employment Appeal Tribunal (Norman & Others v National Audit Office [2014] UKEAT 0276/14/1512) has emphasised the need for employers to ensure that “flexibility clauses” are drafted unambiguously and...more

2/18/2015 - Employer Liability Issues Employment Contract Flexibility Clauses UK UK Employment Appeal Tribunal

Collective Redundancy Consultation… “One Establishment” is Back

UK legislation provides that, when a UK employer proposes to make redundant 20 or more employees at one establishment within a period of 90 days or less, the employer is required to collectively consult representatives of...more

2/6/2015 - Advocate General Appeals Collective Redundancy Consultations Employment Tribunals EU Redundancy Dismissals UK

UK Employment Law – Things to Expect in 2015

Now that we have eased into 2015, it’s time to think about the key employment law issues we’ll be facing in the year ahead. The general election in May will, of course, hold most of our attention, but there are other...more

2/4/2015 - Employer Mandates Employment Tribunals European Court of Justice (ECJ) Holiday Pay Parental Leave UK

Things to Expect in 2015

Now that we have eased into 2015, it’s time to think about the key employment law issues we’ll be facing in the year ahead. The general election in May will, of course, hold most of our attention, but there are other...more

1/27/2015 - Employer Liability Issues Employer Mandates European Court of Justice (ECJ) Holiday Pay Parental Leave Prudential Regulation Authority UK

Holiday Pay – UK Government Introduces Two-Year Limit on Claims for Back Pay

The UK Government has introduced legislation to help employers deal with the fallout of recent decisions indicating that pay for statutory holiday should include, and should always have included, overtime and other...more

12/23/2014 - Employer Liability Issues Holiday Pay UK

UK Employment Alert: UPDATE: Unite Will Not Appeal Holiday Pay Ruling

Unite, the trade union that backed the majority of the claimants in Bear Scotland v Fulton regarding the calculation of holiday pay, has announced it will not appeal the Employment Appeal Tribunal decision....more

12/10/2014 - Employment Tribunals Holiday Pay UK

New Shared Parental Leave Regime Effective 1 December 2014

A new Shared Parental Leave (SPL) regime comes into effect in the United Kingdom from today, 1 December 2014. The system will be available to eligible employees with a child due to be born on or after 5 April 2015. It...more

12/2/2014 - Employee Rights Parental Leave UK

UPDATE: Unite Will Not Appeal Holiday Pay Ruling

What Has Happened? - One effect of the EAT’s judgment was to dramatically limit workers’ rights to bring Employment Tribunal claims for historic underpayments of holiday pay. It had been widely expected that Unite...more

12/1/2014 - Employment Tribunals Holiday Pay UK

Holiday Pay - Not As Bad As It Could Have Been

Yesterday, the Employment Appeal Tribunal (EAT) gave its long-awaited decision in Bear Scotland v Fulton and Ors on whether or not overtime should be included in holiday pay....more

11/6/2014 - Employment Tribunals Holiday Pay UK Unpaid Overtime Wage and Hour

New Right To Time Off To Accompany A Pregnant Woman To Antenatal Appointments

From today, 1 October 2014, employees and agency workers who have a “qualifying relationship” with a pregnant woman or her expected child are entitled to take unpaid time off during working hours to accompany the woman to two...more

10/2/2014 - Employee Rights Parental Rights Pregnancy Unpaid Leave

Flexible Working Flexes

With effect from yesterday, 30 June 2014, the right to request flexible working has expanded so that it now applies to any employee with at least 26 weeks’ service. Employers should amend their flexible working policy...more

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

A Member of a Limited Liability Partnership Can be a “Worker”

Background - The rights conferred on an individual working in the UK depend on his or her employment status. An individual can be: (a) an employee; (b) self-employed; or (c) a “worker”. Employees enjoy the greatest...more

5/21/2014 - Employee Rights Equity Partners Limited Liability Partnerships Members UK

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