On February 12, 2024, the Court of Appeal of Quebec handed down its decision in Société d?assurance Beneva inc. c. Bordeleau,1 dealing in particular with the burden of proof incumbent on an insurer when it denies coverage on the basis of an insured?s intentional fault, and an award of damages against an insurer for breach of its duty of good faith. The facts This decision was rendered further to a dispute between Société d?assurance Beneva inc ...
At a time when the pandemic is continuing to have repercussions and we are experiencing a severe labour shortage, the educational childcare sector is facing unprecedented challenges. These circumstances have led to a reassessment of the standards relating to the presence of qualified childcare staff with children ...
As digital platforms continue to dominate, the gig economy provides jobs that enable flexible working. This article seeks to explore the recent state of play regarding gig-economy working in the UK, and how employers can comply with their obligations. What is the gig-economy? The gig-economy reflects the labour market in which typically short-term jobs are carried out over digital platforms by individuals who can fit such work around their other commitments ...
With Mother’s Day approaching this Sunday, a day seen by many as one to celebrate and recognise fantastic, supportive, loving motherly figures, it is for others a day full of challenges and sadness ...
In our second article in the series focusing on discrimination in the workplace, we consider race, one of the nine protected characteristics under the Equality Act 2010, including what the term covers and what issues commonly arise in the workplace. What is race? Race is defined in the Equality Act 2010 as including colour, nationality and ethnic or national origins ...
Practise What You Preach Governance + Compliance Magazine Joanne Sear, Principal Associate Barrister, Shoosmiths February 2024 Companies in the legal services industry may be advising clients on the risks and opportunities around corporate responsibility, but are they living up to those recommendations? For more than a decade, corporate responsibility (CR) has been a key risk and opportunity for businesses ...
On 22 February 2024, The Equality and Human Rights Commission published their first guidance on menopause in the workplace (the Guidance). This is a welcomed move in the right direction, but it remains to be seen how far this will change things in practice ...
Employers are likely to have experienced some of their employees losing a baby before the 24 week mark. Employees may have been open about it with their employers; others may not have been especially if their pregnancy was in the early stages. The Government has just launched a new scheme for parents who experience a loss of pregnancy before 24 weeks. The scheme went live at 9am on 22 February 2024 and allows parents in this situation to request a baby loss certificate ...
Following the conflict in Ukraine, the UK Government opened various visa routes and concessions for those affected to come to the UK. These routes granted Ukrainians three years’ leave to remain in the UK and granted a right to work ...
Minimum Requirements for Employment Contracts All individuals set to be employed are required to have a written employment contract, as mandated by the Working Environment Act, Section 14-5. This requirement applies regardless of whether the employment is for a permanent or temporary position. As of July 1, 2024, new content requirements for employment contracts will be introduced for new employment relationships. These requirements are in addition to the existing minimum requirements ...
Flexible working has continued in many workforces since the pandemic. The most common pattern is a hybrid one where employees split their time between the office and home. However some employees are now looking to work remotely on a permanent basis. This is what happened in Wilson v Financial Conduct Authority 2302739/2023 ...
Obtaining a medical report on an employee can be a sensitive and complex process. We set out our top tips for employers, including the key matters to include in the letter of instruction and the legal considerations they need to navigate. When to seek a medical report There are several situations where an employer might seek a medical report on an employee or prospective employee ...
Amazon France Logistics has been fined €32m in France for being “grossly negligent” about European data protection law when it comes to monitoring its workers. How can companies do the right thing by workers and by regulators? Employers have increasingly sophisticated tools to help them monitor their workers. Amazon’s substantial recent fine from French data protection regulators shows that they don’t always get it right ...
Unexpectedly, Home Office guidance Employer’s guide to right to work checks has been updated to expand on the required steps for employers who are taking on an individual to carry out ‘supplementary employment’. It now helpfully gives clarification on what steps should be undertaken to ensure that right to work checks for this category of employees are done correctly ...
From Dominic Cummings to Nicola Sturgeon, 2023 was a noisy, headline-grabbing year for the UK’s public inquiry into the Covid-19 pandemic. What’s coming in 2024? And what does it mean for businesses? In terms of media exposure, the first full year in the life of the UK’s official Covid-19 Inquiry was a resounding success ...
Recent surveys have revealed the shocking statistic that 90% of breastfeeding mothers are forced to use a toilet or are not provided with a suitable space to express their breastmilk at work. We look at what employers can do to rectify this issue in order to offer the appropriate level of support to new mums. Returning to work following maternity leave can be a daunting prospect, particularly if this is the first time that an employee has been apart from their baby for long periods of time ...
Stay informed with the latest news ****on labour law****. ****Stay updated on the upcoming changes in labour legislation**** set to take effect in February-March 2024. These changes are crucial for accurate payroll calculation, keeping employment contracts up to date, and aligning HR management processes ...
Expanded employee definition (Section 1-8 of the Working Environment Act) The Norwegian Working Environment Act (WEA) has introduced a new definition of the term «employee» in Section 1-8: «In this Act, an employee means anyone who performs work in the service of and subordinate to another ...
In preparation for H-1B CAP Registration season, the Department of Homeland Security (DHS) has issued a final rule that limits each foreign worker to one entry into the H-1B lottery system. The H-1B Registration process had previously required companies, or other petitioners, to register with the U.S. Citizenship and Immigration Service (USCIS) and submit their requests for the individuals they sought to sponsor as part of the H-1B process ...
