New Title IX Regulations: A Seismic Shift During a Pandemic (Webinar Recording)
Our August update includes cases on the (discriminatory) harassment of a gender critical employee, a case in which a dismissing officer was not present at a dismissal meeting, and a case where a tribunal reached the unusual...more
The London Stock Exchange (the “Exchange”) has publicly censured and fined an AIM company £580,000 for breach of Rule 13 (the related party transaction rules) and Rule 31 of the AIM Rules for Companies (liaison with the...more
King & Spalding’s April Client Alert provided an overview of and practical advice related to issues that an employer should consider before conducting an internal investigation in the United Kingdom: privilege, privacy,...more
Many of our clients are increasingly faced with internal investigations, some with complex compliance or whistleblowing features. Our April client alert looks at some of the key considerations before embarking upon any...more
Welcome to the next post in our weekly series of hands-on guidance for UK HR professionals. In this series we look at common HR issues that you’ll encounter in the workplace and give you practical guidance on how to deal with...more
We set out in the attached Newsletter a number of interesting English court decisions and market developments which have taken place in the second half of 2019 and their impact on M&A transactions. This review looks at these...more
It's not what you know – dismissal for whistleblowing despite dismissing manager's belief - In Royal Mail Group Ltd v Jhuti the Supreme Court has reinstated a decision that an employee was dismissed because she had blown...more
In this OnPoint, we report on a recent decision of the UK Employment Appeal Tribunal on the issue of the covert recording by employees of meetings with their employer, and the legal and practical issues this highlights in...more
The Court of Appeal in the United Kingdom recently held that the dismissal of a nurse for improperly proselytising at work was fair (Kuteh v Dartford and Gravesham NHS Trust)....more
Space invaders – parking policy relevant to reasonable adjustments claim - In Linsley v Commissioners for Her Majesty's Revenue and Customs the EAT confirmed that the employer's parking policy should not have been...more
Non-parties are entitled to obtain documents related to an arbitration if the case falls within the “interests of justice” exception. In The Chartered Institute of Arbitrators v B, C and D, the English High Court granted...more
Looking back – limited appeal investigation not unfair - It was not unfair for an employer to place limits on a disciplinary appeal investigation where the employee's representative had agreed to this, according to the EAT...more
Although many HR professionals in the United Kingdom who deal with disability discrimination issues are all too familiar with the legal definition of a “disability” in the Equality Act 2010, many are unaware of the various...more
Weekly newsletter on employment matters. In this weeks issue: - Don't break it – rest periods have to be uninterrupted... - Is that relevant? Disclosure of documents between employee and union...more
In this weeks issue: - White lies – incorrect reason for dismissal breach of trust and confidence... - Substance not form – TUPE transfer followed share sale... - Did you see that? CCTV recordings and disciplinary...more
In NHS 24 v Pillar UKEATS/0005/16, the Employment Appeal Tribunal (EAT) considered the appropriate scope of an employer’s investigation into alleged misconduct in disciplinary proceedings. Ms Pillar was employed by NHS 24...more
In this weeks issue: - Hear no evil – manager's motives not attributed to decision taker... - By contrast – EAT rejects argument that decision maker was innocent agent with no discriminatory motive... -...more
Too much information? References to previous incidents did not make investigation unfair - In NHS 24 v Pillar the EAT found that an investigation into misconduct which took account of earlier incidents that had not been...more
Compare and contrast – pension based on hours reduced because of disability was not discriminatory - The Court of Appeal has upheld the EAT decision in Williams v The Trustees of Swansea University Pension & Assurance...more
Missing the jackpot – High Court awards nominal damages for breach of confidentiality - Marathon Asset Management LLP v Seddon arose out of a team move from an investment management business (MAM). Prior to leaving...more
A little knowledge is dangerous – awareness of the consequences of a disability not required for discrimination "arising from" disability - In City of York Council v Grosset, the EAT decided that the employer did not...more
In Bandara v British Broadcasting Corporation UKEAT/2016/0335/15/JOJ, the Employment Appeal Tribunal (EAT) considered the fairness of a dismissal where the employer had relied on a previous final written warning which was...more
In Phoenix House Ltd v Stockman UKEAT/0264/15, the Employment Appeal Tribunal (EAT) considered whether the ACAS Code of Practice on Disciplinary and Grievance Procedures (Code) applies to dismissals for “some other...more
In Garamukanwa v Solent NHS Trust UKEAT/0245/15, the Employment Appeal Tribunal (EAT) considered whether an employee had a reasonable expectation of privacy in respect of material on his mobile phone during disciplinary...more
In Metroline West Ltd v Ajaj UKEAT/0185/15/RN, the Employment Appeal Tribunal (EAT) considered the fairness of a dismissal of an employee who had exaggerated his sickness. Mr Ajaj was employed as a bus driver for...more