Paul Callegari

Paul Callegari

K&L Gates LLP

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"Brexit Bites": Employment Law Implications

Although much of the UK’s current employment law framework derives from the EU, it seems unlikely that the UK’s exit from the EU would result in significant legal changes, at least in the short term. There are several reasons...more

4/11/2016 - Corporate Counsel EEA EFTA EU International Labor Laws Popular TUPE UK UK Brexit

Employment Law Implications

Please find below our “Brexit Bites” which are intended to cover the critical issues at play in the event that the British people vote on 23 June to leave the European Union. Whilst it is unlikely that the UK’s exit from...more

4/5/2016 - EU Foreign Workers UK UK Brexit Work Permits

Employer Liable for Employee Assault on Customer

What happened? In Mohamud v WM Morrison Supermarkets plc, the Supreme Court decided that the employer was vicariously liable for an employee’s assault on a customer. Mr Mohamud, a man of Somali origin, went into a Morrisons...more

3/14/2016 - Assault Employer Liability Issues SCOTUS Vicarious Liability

Case Alert: Can Employers Monitor Private Messages Sent at Work?

In Barbulescu v Romania, the European Court of Human Rights (the "ECHR") ruled that an employer may access employees’ private messages sent using the employer’s resources during working hours. Mr Barbulescu’s employer had a...more

1/18/2016 - Electronic Communications Employment Policies Popular

Case Alert: Negative Oral Reference Found to be Discrimination Arising from Disability

In Pnaiser v NHS England and Coventry City Council, the Employment Appeal Tribunal (the "EAT") ruled that to make a successful claim of disability discrimination, the employee need show only that the disability was part of...more

12/28/2015 - Disability Discrimination Employment Discrimination Equality Act Hiring & Firing UK

Modern Slavery Act: How to Comply with the ‘Corporate Provision’

On 29 October 2015, the ‘corporate provision’, section 54, of the Modern Slavery Act (the “Act”), came into force. All businesses in the UK with a global turnover of £36 million will now be required to publish an annual...more

11/2/2015 - Bribery Child Labor Compliance Due Diligence Human Trafficking Modern Slavery Act Slavery Supply Chain UK Bribery Act

Modern Slavery Act 2015

The Modern Slavery Act 2015 (the “Act”) comes into force on 1 October 2015 and requires organisations to publish a statement in each financial year setting out the steps they have taken to tackle the problem of slavery and...more

9/24/2015 - Compliance Due Diligence Human Trafficking Manufacturers Modern Slavery Act Retail Market Slavery Supply Chain

Five Things Employers Need to Know About the ECJ’s Decision on Working Time

The European Court of Justice decided last week that for workers without a fixed place of work, time spent travelling from home to their first customer appointment and from the last customer appointment back home counts as...more

9/16/2015 - Corporate Counsel European Court of Justice (ECJ) Minimum Wage Rest and Meal Break Wage and Hour Work Schedules Young Lawyers

Employee Fairly Dismissed for Facebook Comments Posted Two Years Earlier

What happened? In Smith v British Waterways Board the Employment Appeal Tribunal (“EAT”) decided that an employee was fairly dismissed for posting derogatory and disparaging comments on Facebook despite the comments being...more

9/8/2015 - Disparagement Employment Policies Facebook Gross Misconduct Hiring & Firing Mediation Popular Termination UK Employment Appeal Tribunal

Case Alert: No Implied Duty to Disclose Allegations of Misconduct in Absence of Express Contractual Obligation

What happened? In The Basildon Academies v Amadi, the Employment Appeal Tribunal (the "EAT") decided that an employee was not under an implied duty to disclose allegations of misconduct to his employer where there was no...more

7/30/2015 - Breach of Contract Disclosure Requirements Employment Contract Hiring & Firing Sexual Assault UK Employment Appeal Tribunal Willful Misconduct

Case Alert: Ignorance is No Defence for Failure to Collectively Consult

What happened? In E Ivor Hughes Educational Foundation v Morris and others, the Employment Appeal Tribunal (the "EAT") upheld the Employment Tribunal's decision to make the maximum protective award of 90 days’ pay to an...more

7/24/2015 - Compliance Hiring & Firing Redundancy Dismissals Special Circumstances Doctrine UK Employment Appeal Tribunal Unions

Case Alert: Employee Unfairly Dismissed for Going to Work Smelling of Alcohol

What happened? In McElroy v Cambridgeshire Community Services NHS Trust, an Employment Tribunal decided that the summary dismissal of a healthcare assistant for coming to work smelling of alcohol was unfair. Mr McElroy was...more

7/1/2015 - Disciplinary Proceedings Hiring & Firing Substance Abuse Termination UK Wrongful Termination

Case Alert: Employee Fairly Dismissed for Contacting the Information Commissioner's Office Against Instructions

What happened? In Barton v Royal Borough of Greenwich, the Employment Appeal Tribunal (the "EAT") decided that an employee was fairly dismissed for misconduct after failing to adhere to his employer's instructions not to...more

6/16/2015 - Data Breach Data Protection Hiring & Firing Internal Investigations Termination UK UK Employment Appeal Tribunal Whistleblower Protection Policies Whistleblowers

Collective Redundancies: ECJ Clarifies Meaning of "Establishment"

What happened? Under the Trade Union and Labour Relations (Consolidation) Act 1992 (the "Act"), if an employer proposes to make large scale redundancies of 20 or more employees at one establishment within a period of 90 days...more

5/14/2015 - Collective Redundancy Consultations EU European Court of Justice (ECJ) Hiring & Firing

Whistleblowing: Meaning of "Public Interest" Test

What happened? The UK's whistleblowing legislation protects employees from being subjected to any detriment or dismissal that arises as a result of that employee making a "qualifying disclosure" of information to his...more

5/6/2015 - Public Interest Public Interest Disclosure Act UK UK Employment Appeal Tribunal Whistleblower Protection Policies

Reasonable, Not Perfect, Efforts Required to Avoid Having Constructive Knowledge of an Employee's Disability

What happened? Under the Equality Act 2010, employers are required to make reasonable adjustments where they know, or "ought reasonably to know", that an employee has a disability. This is commonly referred to as actual or...more

4/23/2015 - Actual or Constructive Knowledge ADA Disability Employer Liability Issues Reasonable Accommodation UK Employment Appeal Tribunal

Case Alert: Employee Benefits Insurance – Does Coverage Apply to Employees Working Overseas?

What happened? In Rai v Legal & General Assurance Society [2015] EWHC 170, the English High Court decided that coverage was not available under an employee benefits insurance policy due to the operation of an exclusion in...more

4/1/2015 - Benefit Plan Sponsors Employee Benefits Life Insurance Traveling Employee UK

Case Alert: Failure to Pay Bonus to Disabled Employee Was Discrimination

What happened? In the recent case of Land Registry v Houghton the Employment Appeal Tribunal (EAT) ruled that an employer had discriminated against disabled employees by operating a bonus scheme which disqualified employees...more

3/30/2015 - Bonuses Disability Discrimination Disabled Medical Leave UK Employment Appeal Tribunal

Case Alert: Overseas Worker Protected By UK Employment Law

What happened? The Employment Appeal Tribunal (EAT) recently decided that an Australian citizen, working remotely from Australia for a British company, was entitled to bring unfair dismissal and whistleblowing claims...more

2/11/2015 - Australia Employer Liability Issues UK UK Employment Appeal Tribunal Whistleblowers Wrongful Termination

Case Alert: Dismissal for Non-Work Related, Personal Tweets

What happened? In Game Retail Ltd v Laws, the Employment Appeal Tribunal (EAT) decided that an employer had acted reasonably when dismissing an employee for use of his personal Twitter account for non-work related but...more

2/6/2015 - Adverse Employment Action Employer Liability Issues Offensive Language Reputation Management Twitter UK Employment Appeal Tribunal

Case Alert: Reasonable Adjustments in the Workplace

What happened? In Dyer v London Ambulance NHS Trust, the Employment Appeal Tribunal (EAT) decided that no reasonable adjustment could have been made for an employee who had a potentially life-threatening sensitivity to...more

1/26/2015 - Employer Liability Issues Employment Tribunals Reasonable Accommodation UK Workplace Safety

Case Alert: The Duty to Offer an Alternative Vacancy to Women on Maternity Leave

In Sefton Borough Council v Wainwright, the Employment Appeal Tribunal (EAT) held that employers must offer a woman on maternity leave a suitable alternative vacancy when they first become aware that her role is redundant or...more

12/18/2014 - Employment Tribunals Maternity Leave UK

Legal Update: Shared Parental Leave

What happened? The Shared Parental Leave Regulations 2014 came into force on 1 December 2014 and will apply to children whose expected week of birth or placement for adoption is on or after 5 April 2015. The...more

12/9/2014 - Employee Rights Parental Leave UK

Case Update: Workers will not Appeal Holiday Pay Overtime Ruling

We recently reported on the Employment Appeal Tribunal’s (EAT) important decision on the calculation of holiday pay. This decision established that payments in respect of “non-guaranteed overtime” must be taken into account...more

12/5/2014 - Employment Tribunals Holiday Pay UK Wage and Hour

Case Alert: EAT Rules that Holiday Pay Includes Allowances and Non-Guaranteed Overtime

In a landmark decision, the Employment Appeal Tribunal (EAT) has decided that payments in respect of “non-guaranteed overtime”, which is overtime that an employer is not required to offer, but an employee is required to work...more

11/17/2014 - Employer Liability Issues Employment Tribunals Holiday Pay UK Unpaid Overtime

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