Employers have a new duty to take reasonable steps to prevent sexual harassment of employees in the course of their employment under the Worker Protection (Amendment of Equality Act 2010) Act 2023 (the Act). After receiving...more
As projected, the King’s Speech of 17 July 2024, outlining the UK government’s legislative agenda, made reference to the Labour Party’s “New Deal for Working People” among other proposed legislation for the Party’s first 100...more
Having run on a manifesto promising to “reform the points-based immigration system so that it is fair and properly managed,” the United Kingdom’s incoming Labour government is expected to implement several changes to the...more
The 2024 UK general election resulted in a victory for the Labour Party, marking the party’s return to government after 14 years. Prior to this election, the Labour Party set out various proposals that could impact UK...more
Employers in the United Kingdom’s financial sector are facing several new potential regulatory changes that could shape workplaces for years to come. The latter half of 2023 saw the Financial Regulatory Authority (FCA) and...more
The UK House of Commons Treasury Committee published a report on 8 March, 2024 containing the findings of its inquiry into sexism in the financial services industry, citing a lack of cultural change in the sector as the main...more
The Worker Protection (Amendment of Equality Act 2010) Bill received Royal Assent on 26 October. Although the new Worker Protection (Amendment of Equality Act 2010) Act 2023 will not come into force until October 2024, UK...more
The UK Financial Conduct Authority (FCA) recently launched a consultation on the creation of a robust new regulatory framework on diversity and inclusion (D&I) in the financial sector. With its new consultation, the FCA has...more
In a joint statement on 24 October 2023, the UK Prudential Regulation Authority (PRA) and UK Financial Conduct Authority (FCA) announced the removal of the cap on bonuses that can be paid to material risk takers at banks,...more
The UK Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) published a discussion paper on 30 March 2023 seeking opinions on the Senior Managers and Certification Regime (SMCR). Concurrently, the UK...more
The UK government published its response to the Women and Equalities Committee’s (WEC) report on “Menopause and the Workplace” on 24 January. In a watering down of the WEC’s proposals, and what the WEC has described as a...more
The UK Prudential Regulation Authority (PRA) and Financial Conduct Authority (FCA) (jointly, the Regulators) are proposing to remove the bonus cap for banks, building societies, and PRA-designated investment firms. The...more
While there is currently no specific regulatory framework in the United Kingdom governing the use of artificial intelligence (AI), it is partially regulated. With a number of employment law and data privacy implications, the...more
In its report on menopause in the workplace, the UK House of Commons Women and Equalities Committee recommended that menopause be considered a protected characteristic under Section 14 of the Equality Act. In the meantime,...more
New remuneration requirements under the UK investment firm prudential regime apply to Financial Conduct Authority–authorised investment firms’ performance periods beginning on or after 1 January 2022. This LawFlash provides...more
The High Court of England and Wales in USDAW & Others v Tesco Stores Limited granted an injunction on 3 February preventing an international retailer, Tesco, from deploying “fire and rehire” to phase out an employee benefit....more
On 23 September, the UK government published a consultation document, “Making flexible working the default”, which proposes various reforms to the right for employees to request flexible working arrangements—particularly in...more
The UK’s Employment Appeal Tribunal (EAT) found on 10 June 2021 in Maya Forstater v CGD Europe and others that gender-critical beliefs—including believing that one’s biological sex is immutable and not to be conflated with...more
6/16/2021
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Corporate Counsel ,
Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Equality Act ,
Freedom of Expression ,
Gender Identity ,
Harassment ,
International Labor Laws ,
LGBTQ ,
Transgender ,
UK ,
UK Employment Appeal Tribunal
The UK Employment Appeal Tribunal (EAT) handed down its judgment in Mrs F Mercer v. Alternative Future Group Ltd. and Others on 2 June 2021. The EAT found that the relevant provisions in UK legislation protecting workers...more
The UK Financial Conduct Authority (FCA) has recently announced that it is considering adding a sixth question on diversity and inclusion (D&I) to its five conduct questions (5CQs). The significance of D&I has long been...more
The Financial Conduct Authority (FCA) has emphasised in recent years that firms should consider nonfinancial misconduct when assessing the fitness and propriety of staff. ...more
The UK Financial Conduct Authority (FCA) has recently published two speeches reiterating the broad and fundamental importance of diversity and inclusion within financial services. ...more
All dual-regulated and FCA solo-regulated firms are now under the scope of the Senior Managers & Certification Regime (SMCR), with many working hard in recent months to ensure all aspects of the regime are well embedded. ...more
With the United Kingdom’s vaccination programme well underway, many employers are struggling with the best course of action for how to approach COVID-19 vaccines and their workforce. As mantras like “No Jab, No Job” circulate...more
On 3 March 2021, the UK government confirmed the continuation of the Coronavirus Job Retention Scheme (CJRS) through the end of September 2021. The CJRS was due to end on 30 April 2021 and has, so far, supported more than...more