Managing Employee Compliance in Highly Regulated Industries — Hiring to Firing Podcast
California Employment News: Effective Disciplinary Procedures and Policies (Podcast)
California Employment News: Effective Disciplinary Procedures and Policies
Effective Harassment Trainings: Best Approaches With Insights from NCIS — Hiring to Firing Podcast
How to Combat Corporate Theft: Office Space - Hiring to Firing Podcast
SEC Settles with Activision for $35 Million - Employment Law This Week®
California Employment News: Starting a Workplace Investigation (Part 1)
JONES DAY TALKS®: The eBay Cyberstalking Case: Mitigating the Compliance Risks of Employee Misconduct
The ABCs of Employee Theft [More With McGlinchey Ep. 7]
Day 1 of One Month to Better Investigations and Reporting-Introduction to Investigations and Internal Reporting
Day 22 of One Month to Better Compliance Through HR-10 Questions to Better Operationalize Compliance
Day 11 of One Month to Better Compliance Through HR-the Fair Process Doctrine
Our May update includes a case on whistleblowing where the claimant’s belief in the disclosures was questioned along with whether decision makers who knew little or nothing about the disclosures could be blamed for those who...more
A recent decision by the Watford Employment Tribunal in Richardson v West Midlands Trains Ltd saw a train driver reinstated and awarded £40,000 after he was found to have been unfairly and unlawfully dismissed for performing...more
The UK Financial Conduct Authority's consultation on diversity and inclusion (D&I) in financial services proposes new rules and guidance on identifying and taking action in relation to non-financial misconduct such as...more
The FCA is focused on reducing non-financial misconduct to enhance the reputation of the UK financial services sector. Spurred on by positive levels of engagement with its 2021 discussion paper, the FCA’s latest consultation...more
In 2018, the UK's Financial Conduct Authority ("FCA") stated publicly that "non-financial misconduct is misconduct, plain and simple", emphasising their view that the Conduct Rules applicable to most employees within...more
Our July update includes cases on the dismissal of a devout Christian dismissed for gross misconduct for social media criticism of pro-LGBTQ+ teaching at schools, allowances that tribunals should make to litigants in person...more
New York, Minnesota and NLRB Act To Limit Noncompetes - New York Legislature Passes Bill To Ban Post-Employment Noncompetes - On June 20, 2023, the New York state Legislature passed a bill that bans post-employment...more
Our December update includes new case law on a very unusual take on taxing payments under settlement agreements, how difficult it can be to withdraw an appeal and stop a dismissal from vanishing, and the consequences, even if...more
Our February update covers key employment law developments from January 2022. It also includes recent cases on gross misconduct/lodging multiple and vexatious grievances, if a “franchisee” delivery driver with rights of...more
Mr D Thompson v Informatica Software Ltd- In a recent appeal at the EAT an individual (the “appellant”), who had been a senior employee of the employer (ISL), was found to have been fairly dismissed for gross misconduct...more
On April 1, 2020, the U.K. Supreme Court handed down its judgment in the case of WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12, the first class action-type claim concerning a data breach in the U.K.. In this...more
In a decision that will come as a relief to many businesses, the UK Supreme Court has unanimously held that companies should not be held vicariously liable for the actions of rogue employees who leak personal data....more
Today’s decision by the Supreme Court to allow the appeal in WM Morrison Supermarkets plc v Various Claimants may on first glance look like a significant setback to privacy advocates. However, the court’s unanimous judgment...more
In WM Morrisons Supermarkets plc v Various Claimants the Supreme Court today issued an important judgment clarifying the scope of vicarious liability of employers for the wrongful acts of their employees: Morrisons was found...more
In this edition of our UK Employment Flash, we examine tribunal rulings on whether covert recordings constitute misconduct and whether ethical veganism is a "philosophical belief." We also look at guidance for U.K. employers...more
Gathering clouds – flawed investigation made dismissal unfair - In Sunshine Hotel Ltd t/a Palm Court Hotel v Goddard the EAT agreed that failing to hold an investigatory meeting does not necessarily make a dismissal...more
Red faces – no gross misconduct when employee revealed executive's pay - The EAT had to consider whether an employee had acted in breach of contract or committed gross misconduct when he revealed details of an executive's...more
The U.S. and China have tentatively [maybe?] agreed that a first phase of a trade agreement “would roll back a portion of the tariffs placed on each other’s products, a significant step toward defusing tensions between the...more
It's no secret – protected conversation potentially admissible - The EAT decided in Harrison v Aryman Ltd that a claimant could potentially rely on a protected conversation in evidence. This was the case even though she...more
Data security and privacy is a hot global topic right now. New laws that closely regulate data security practices seem to be popping up everywhere in order to account for all of the data people transmit electronically daily....more
An employer was held by the Court of Appeal to be vicariously liable for a rogue employee’s deliberate and criminal disclosure of the personal data of other employees. This was despite the employee’s aim being to harm the...more
UK supermarket chain Morrisons has been held vicariously liable for the acts of a malicious employee in the UK’s first data leak class action. The issue began in 2014, when a disgruntled Morrison’s internal IT auditor posted...more
Data Protection Act 2018 Enacted - New Legislation Enacted - Effective May 25, 2018, the UK Data Protection Act transposes the EU General Data Protection Regulation (GDPR) into UK law, thereby replacing the Data...more
In this weeks issue: - New right to parental bereavement leave... - Answer the question – dismissal fair although misconduct was not gross misconduct... - That old chestnut – height requirement was indirect sex...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