Background FK Construction Limited (“FK”) was sub-contractor to ISG Retail Limited (“ISG”) for works involving roofing and cladding in relation to ISG’s Project Barberry. FK issued an application for payment of £1,691,679.94. ISG failed to issue a payment notice, submitting a pay less notice instead. The sum sought by FK was not paid, and FK referred the dispute to adjudication ...
In Industrial Tribunal case number 3642/CCG, the applicant claimed that he had been subjected to discrimination, lack of equal pay, a breach of the grievance procedure under the collective agreement, lack of payment of a performance bonus and constructive dismissal. Firstly considering discrimination, the applicant argued that he was not allowed to avail himself of a career break to work with a company operating in the financial services industry ...
Zoltan Balazs Kovacs prepared a summary to the key questions regarding the EU Whistleblowing Directive and the related change of legislation in Hungary with the act entering into force on 24 July 2023. 1 ...
‘Quiet quitting’ is a trend that has emerged in recent years where people stop going above and beyond in their daily work. They do not actually quit their job, but simply perform the bare minimum in favour of a better work-life balance. There are several reasons which might motivate an individual to start this process and experiencing menopausal symptoms is, understandably, fast becoming one of them ...
When scoping a new development, sewerage and drainage may not be the first thing to spark everyone’s interest, but they are an essential component. Effective drainage is key to the functionality and success of any development. This article examines the legal position and regulations around drainage, with the aim of demystifying common queries and misconceptions ...
As part of Rail Safety Week 2023, Health and Safety specialist Hayley Saunders looks at personal liability and how employees across all levels of a business can make a difference by positive individual contribution to workplace culture. Below is a summary of key takeaways from the webinar. Responsibility for workplace safety rests with employers and employees alike ...
As the Building Safety Act 2022 slowly comes into force, the government has been required to publish various amendment Regulations that make clarifications and changes. It is no secret that the Building Safety Act 2022 (BSA) and its provisions are often difficult to untangle and interpret ...
June 29, 2023 By: Leah Lively and Alexandra Shulman As of June 27, 2023, employers must offer additional protections to employees affected by pregnancy, childbirth, or a related medical condition under a new federal law—the Pregnant Workers Fairness Act (“PWFA”) ...
The recent British Property Federation discussion ‘Can UK Real Estate rise to the Net Zero Challenge?’ struck an optimistic note. While leaving no doubt about the scale of the challenge facing the real estate industry, the Panel acknowledged a number of positive trends. Despite ongoing regulatory challenges - in an area where there is large consensus that more regulation would be welcome - there is a definite growth in engagement ...
The Supreme Court (“Hof van Cassatie/Court of Cassation”) overruled on 26 May 2023 a decision that determined that Article 1722 (old) Civil Code (a partial or total “destruction” of the leased premises) does not apply for the tenant that can not operate its premises due to the measures taken by the Belgian Government in order to prevent the spread of the COVID-19 pandemic, because there was only a temporary impossibility and thus only a temporary loss of enjoyment ...
Disclaimer: To provide employers with quick and practical information about how to comply with their obligations between now and the entry into force of the Law (as defined below), this newsflash has been prepared on the basis of Bill of law n°7890 as debated and voted on in Parliament on 13 June 2023 ...
Employers may be tempted to think that, compared to a human, using technology produces more accurate results faster and that it should be embraced at all costs. While tech can be a valuable aide, care is needed particularly when it comes to recruitment. Can technology lawfully screen applications? When it comes to recruitment, any way to quickly and accurately sort through applications to identify viable candidates is a benefit to employers ...
In October 2022, the Virginia Supreme Court decided the case of Hawkins v. Town of South Hill (view the opinion here), which fundamentally alters 40 years of precedent in the Commonwealth concerning what is considered confidential and not subject to production in response to a Virginia Freedom of Information Act (“FOIA”) request. Earlier this month, the Circuit Court issued its decision on remand in light of the Virginia Supreme Court’s decision in Hawkins ...
What is workplace artificial intelligence or AI? In its simplest form, AI in the workplace is the use of technology or software to monitor employees’ work performance, gather data, problem-solve, or aid in decision making ...
Employers must be cautious in disciplining employees for offensive or abusive conduct directed at management in the workplace in light of standards recently reestablished by the National Labor Relations Board (“NLRB”). On May 1, 2023, via its supplemental decision in Lion Elastomers LLC, 372 NLRB No ...
While employers cannot police all employee conduct outside the workplace, employee interactions outside of work can – and do – impact the work environment. Indeed, under certain circumstances, inappropriate conduct by an employee outside the workplace may still subject an employer to liability. What constitutes actionable discrimination or harassment, triggering potential employer liability, is often a murky question ...
Employee performance is always rated in one manner or another. Best practice is to rate this performance through known, objective processes. In the context of the employment relationship, performance evaluations are an essential tool for providing workers with insight into how managers are making decisions about promotions, equity, and pay. In addition, performance evaluations will most certainly play a critical role if the employment relationship ends and litigation occurs ...
On July 1, 2023, laws that were passed by the General Assembly and signed into law by Governor Glenn Younkin become effective in Virginia. In the most recent legislative session, a number of new employment laws were passed applicable to Virginia employers. 1. HB1895 – Expansion of Prohibited Contractual Provisions in Cases of Sexual Assault and Sexual Harassment Current Virginia law (Va. Code § 40.1-28 ...
The rules governing discrimination and psychosocial risks at work have been revised to bring them in line with European legislation and the European Court of Justice’s recent case law. Various legislation has now changed, including: the Gender Act of 7 May 2007, the Antidiscrimination Act of 7 May 2007, the Racism and Xenophobia Act of 30 July 1981, the Wellbeing Act of 4 August 1996, and the Wellbeing at Work Code. These new rules entered into force on 1 June 2023 ...
Law firms have a lot more male than female partners, though the situation is changing Business Plus June 17, 2023 Gender pay gap reporting has highlighted that across the largest law firms there is a substantial pay gap between men and women when the earnings of equity partners are included. In general terms, commercial law firms have more female than male solicitors in their ranks, but there are much more men than women at the top table ...
The National Labor Relations Board (“NLRB”) reinstated the test established in FedEx Home Delivery (FedEx II), lessening the requirements for a worker to be considered an employee and not an independent contractor. The decision in The Atlanta Opera, Inc., issued on June 13, 2023, overruled the 2019 SuperShuttle decision, opting to return to “common-law principles ...
