Nicola Whiteley

Nicola Whiteley

Orrick, Herrington & Sutcliffe LLP

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Brexit’s Potential Impact for Trade Secrets in the UK

To the surprise of many and the dismay of more than sixteen million United Kingdom voters, the previously unthinkable has occurred, the UK has voted to leave the European Union. In a tightly contested referendum, voters have...more

7/14/2016 - EEA EU EU Directive Intellectual Property Protection Member State Popular Referendums UK UK Brexit Whistleblowers

Brexit – What Now For Your Business

So, the UK has voted to leave the EU. Everyone has their own opinion and we’ve all seen the news reports and various viewpoints but what does this result mean for you in practical terms and where do we go from here? Orrick’s...more

6/30/2016 - EEA EU EUMR Financial Services Industry General Data Protection Regulation (GDPR) TUPE UK UK Brexit

Brexit: What Does it Mean for Employers in the U.K.?

We set out below our best guess on where this leaves employees, management and HR in the UK. Firstly as we have all heard repeatedly today, nothing is going to change immediately and that is the same for employment law. ...more

6/24/2016 - Consultation Holiday Pay Pay Gap Popular TUPE UK UK Brexit

Cross-Border Trends: Mind the Gap

In the heady days of the Coalition Government, gender pay gap reporting started to get some traction on the political agenda. This led to the 2011 initiative ‘Think, Act, Report’ which encouraged employers to voluntarily...more

2/29/2016 - Employer Liability Issues Equal Pay Gender-Based Pay Discrimination UK Wage and Hour

Mind the Gap

In the heady days of the Coalition Government, gender pay gap reporting started to get some traction on the political agenda. This led to the 2011 initiative ‘Think, Act, Report’ which encouraged employers to voluntarily...more

2/26/2016 - Gender-Based Pay Discrimination Pay Discrimination UK Wage and Hour

Cross-Border Trends: UK to Follow US Attack on the Gender Pay Gap

Following months of waiting the UK Government has finally published its draft regulations on the new “gender pay gap reporting” requirements in the UK. On publication of the draft regulations, the UK Government has asked one...more

2/18/2016 - EEO-1 EEOC Equal Pay Act Fair Pay Act Gender-Based Pay Discrimination Reporting Requirements UK Wage and Hour

Employment Law News for 2016

A belated happy new year to you all! To celebrate the beginning of 2016 we're cantering through some key employment law news stories from the past few months below. As always, please do get in touch with a member of the team...more

1/27/2016 - Appeals Tribunals Employee References Employment Policies Hiring & Firing Right to Privacy UK Wage and Hour Zero Hours Contracts

On my whistle: are you up speed in the UK with the Financial Conduct Authority’s new rules on whistleblowing?

Relevant firms in the UK have until March 7, 2016 to appoint a “whistleblowers’ champion,” who then has until September 7, 2016 to oversee their firm’s readiness for the new whistleblowing regime. The new whistleblowing...more

12/8/2015 - Corporate Culture Financial Conduct Authority (FCA) Financial Services Industry Senior Managers UK Whistleblowers

International data transfer news… a bit like buses

You know how you wait for ages for a bus to come (well, we do in Europe) and then three come along at once? Well it’s a little like that in the data privacy arena right now, as far as transfer of international personal data...more

11/23/2015 - Article 29 Working Group CJEU Data Privacy International Data Transfers Personal Data

Where to Draw the Line: HR’s Role in Disciplinary Decisions

In the recent case of Ramphal v. Department of Transport (DoT) the tricky question of where HR should draw the line in a disciplinary matter between guiding the decision-maker on the right decision, and making that decision...more

10/19/2015 - Appeals Department of Transportation (DOT) Disciplinary Proceedings Gross Misconduct Hiring & Firing Human Resources Professionals Internal Investigations Out-of-Pocket Expenses

Boarding passes ready – when employees may unexpectedly move around within a corporate group

The European Court of Justice ("ECJ") has ruled that, in certain circumstances, when a subsidiary company is wound up, its employees will transfer automatically to its holding company. What happened? In 1993, Air...more

10/9/2015 - Acquired Rights Directive Aviation Industry Collective Redundancies Directive Corporate Restructuring European Court of Justice (ECJ) Holding Companies Reorganizations Trade Unions TUPE Union Elections Wind-Up Process

Fit for purpose?

The Government is in the process of rolling out a new occupational health (OH) assessment service which should be in place nationwide by the end of the year. This new service has come about as a response to an independent...more

10/2/2015 - Return-to-Work Agreements Sick Leave UK Wage and Hour

Clairty on Holiday Accrual During Sick Leave

We have had lots of news for you this past year on holiday pay and how to calculate it, following various mind bending judgments on the topic. The good news is that finally we have a judgment that gives us some clarity in one...more

9/25/2015 - Holiday Pay PTO Sick Leave UK Employment Appeal Tribunal Wage and Hour

UK Government Makes Moves in the Employment Space

The Conservative Government has settled in and turned its attention to the world of employment law. We update you below on five of its key moves. 1. Gender Pay Gap Reporting - The Government will enact legislation...more

8/4/2015 - Employment Tribunals Fees Gender-Based Pay Discrimination Hiring & Firing IKEA Minimum Wage Tax Rates Trade Unions Wage and Hour

Say what you will about employment law in the UK but it is never boring.

Imagine that you have a senior employee who you have decided (for whatever reason) that you do not want anymore but you do not want to pay out his 12-month notice period. As an ingenious attempt to get around that, you...more

4/29/2015 - C-Suite Executives Hiring & Firing Termination UK

High Court Calls No Foul on Executive Termination

Say what you will about employment law in the UK but it is never boring. Imagine that you have a senior employee who you have decided (for whatever reason) that you do not want anymore but you do not want to pay out his 12...more

4/28/2015 - C-Suite Executives Hiring & Firing Termination UK

Post Termination Restrictions: Always Consider Consideration

The recent case of Re-Use Collections Ltd v Sendall [2014] EWHC 3852 (QB) is a timely reminder to employers everywhere of the importance of providing meaningful consideration when attempting to tie-up existing employees with...more

3/6/2015 - Consideration Employment Contract Hiring & Firing Restrictive Covenants Termination

The Small Business, Enterprise and Employment Bill 2014-15: what's in it for me?

The key ideas that make up the Small Business, Enterprise and Employment Bill 2014-15 (the "SBEEB") were announced with great fanfare in the Queen's speech in June 2014. Problems with enforcing tribunal awards? We'll fix...more

1/9/2015 - Employer Liability Issues Employer Mandates Small Business UK

Hot off the press - Holidays: all inclusive package?

Despite the rather unseasonal time of year, holidays seem very much to be flavour of the month. We’re receiving more and more queries about the possibilities of US-style unlimited holiday or “personal time off” policies, as...more

11/10/2014 - Holidays Time-Off Policies

A Dressing Down – Dress Codes in the Modern Workplace?

According to research cited by the British Association of Dermatologists, one in five Britons now has a tattoo. Amongst US 30 somethings, the estimate rises to about two in five, with facial piercings being almost as common...more

9/16/2014 - Dress Codes Employee Rights UK

Interns and employment issues

1. Are interns employees? This is an important question with a big impact on the individual concerned and what remuneration and rights they are entitled to. And the answer is…it depends. The main determining factor is...more

7/22/2014 - Corporate Counsel Employee Rights Employer Liability Issues Internships Unpaid Interns

Trials and Tribulations in UK Employment Tribunals

In July last year, fees were introduced for employees to bring claims and the Ministry of Justice has just published Tribunal statistics for October to December 2013 (the first full quarter since the introduction of the fees)...more

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

Orrick World: A Quarterly Report of Global Employment Law Issues for Multinationals - Fall 2013

Asia Employment Law Update - Labor Contract Law Amendments on Dispatch Employees Come Into Effect - Implementation Details Still Uncertain: During July 2013, the Decision on Amending the Labor Contract Law of...more

9/27/2013 - China EU Financial Regulatory Reform Foreign Nationals International Labor Laws Labor Dispatch Services Multinationals UK

Is it now OK to have the ‘It’s not working…’ conversation in the UK?

July 29, 2013 was a big day for employment law in the UK. Firstly compromise agreements were renamed ‘settlement agreements’....more

8/23/2013 - Financial Regulatory Reform Settlement UK Whistleblowers

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