Nicola Whiteley

Nicola Whiteley

Orrick, Herrington & Sutcliffe LLP

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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

Today is the Day

TODAY is a big day for employment law. Even though many of you will be thinking about your holidays, or may have even jetted off to sunny shores, take care to remember that certain changes are taking place which will affect...more

7/29/2013 - Contract Drafting Employment Tribunals EU Fees Hiring & Firing Settlement Termination

Five Grievances Don’t Make A (Dismissal) Right

A recent case in the UK Employment Appeals Tribunal Woodhouse v. West North West Homes Leeds Limited UK EAT/0007(12) has looked at whether it is possible to fairly dismiss an employee who has raised repeated grievances, on...more

7/9/2013 - Dismissals Filing Grievances Harassment Hiring & Firing Racial Discrimination Retaliation UK

Employee Shareholder Status – An Innovative Solution for Innovative Employers?

After twice rejecting the Government’s proposals, the House of Lords has just finally voted to accept the much argued Clause 27 of the Growth and Infrastructure Bill, thereby paving the way for new legislation that will...more

5/1/2013 - Employee Shareholders EU Shareholders

Employers Beware: Post-termination Whistleblowing

In the recent case of Onyango v. Berkeley Solicitors, the UK Employment Appeal Tribunal ruled that an employee was allowed to bring a ‘whistleblowing’ claim relating to a protected disclosure that was made after the...more

3/6/2013 - Adverse Employment Action Hiring & Firing Termination Whistleblowers

Ending It All

In the recent case of Geys v. Société Générale, Mr. Geys, who was employed as managing director was given a letter in November 2007 by Société Générale stating: “I am writing to notify you that Société Générale, London has...more

1/10/2013 - Employment Contract Hiring & Firing Notice Requirements Termination

Freedom of Speech in Social Media – UK Employee Unlawfully Demoted for Christian Gay Marriage Facebook Posts

In the recent UK case of Smith v. Trafford, the Claimant was awarded just £98 (approx. $150) by the English High Court for a successful breach of contract claim against his housing trust employer (the “Trust”)....more

12/12/2012 - Breach of Contract Facebook Free Speech Same-Sex Marriage Social Media

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