After two years of navigating COVID-19, the end of 2022 will be an opportunity for employers to organise larger activities for their employees, such as Christmas parties. The purpose of this newsletter is to make employers aware of their obligations during the holiday season festivities. Below, we will address the following three issues: industrial accidents, disciplinary measures and psychological harassment ...
The UK data regulator, the Information Commissioner’s Office (“ICO”), has released a statement warning organisations to assess the public risks of using emotion analysis technologies, with those failing to do so risking investigation and enforcement action ...
With an estimated 3.5 million people suffering from fertility issues in the UK, and with fertility treatment involving an emotionally draining not to mention a long, costly and risky process, it is unsurprising that Nickie Aiken MP has begun a campaign for change and better employment rights for individuals and couples undergoing fertility treatment ...
On 23 September 2021, the government published a consultation paper on ‘making flexible working the default’. The response to this consultation has now been published (on 5 December 2022). Overall, the responses to the consultation were broadly in favour of the proposed change ...
Meta continues to make headlines for the wrong reasons in the data protection field as this week the Irish data regulator, the DPC fined the tech company €265 million ($275 million) for infringements of Articles 25(1) and 25(2) GDPR. It is nothing new that Meta pushes data protection boundaries ...
On the tenth day of Christmas, HR were again dismayed… ”Can we make everyone work the Christmas bank holidays? In response to this question most employers will be able to turn to the contract of employment to find the answer. The contract will typically state whether or not the annual leave allowance is in addition to the usual statutory bank holidays ...
December 9, 2022 By: Thomas O’Connell and Natalie Bryans A Starbucks store in La Quinta, California was recently successful in defending itself against allegations that the store engaged in unlawful union-busting tactics ...
The Supreme Court will decide if historic holiday pay claims can be brought where there are gaps of three months or more between a series of underpayments. The outcome could have significant implications for employers across the UK ...
On the ninth day of Christmas, HR was asked with fear, “Do we have to say yes to all holiday requests during this festive time of year?” And HR replied….No! A common problem around the festive period is that many employees want to take the same days as annual leave so that they can enjoy time off with their loved ones ...
On the eighth day of Christmas, HR heard someone say, “do we have to let seasonal workers have a holiday?” And HR replied...Yes! It is a common misconception that, because seasonal workers are hired specifically to provide additional cover during the busy festive period, employers do not have to give them any time off over Christmas. However, this is not true and seasonal staff have the same right to annual leave as any other worker ...
As 2022 draws to a close we are provided with an opportunity to reflect on what has been and what is still yet to come. The UK tech sector has grown substantially since Brexit took effect in 2020, the real effects having been masked until now by the ensuing global pandemic. It has only really been in 2022 that the business community has been able to properly see the opportunities, and the challenges, that the sector faces ...
The American Bar Association (ABA) has issued its second formal opinion concerning Model Rule 4.2 in as many months. The so-called “no-contact rule” prohibits a lawyer from having contact with a represented party about the subject of the representation. The Rule does not, however, account for the “reply all” function in email communications ...
In early 2020, most businesses found themselves unexpectedly pivoting their focus to unprecedented operational, workforce, supply chain, and legal changes in response to the COVID-19 pandemic. Businesses have had to prioritize those issues the past few years, and may not have had much, if any, time and resources available to devote to other non-pandemic-related employment law changes ...
This is a question that arises with some regularity in trust administration, and one to which the English Court has offered a very welcome answer in the recent case of Sarah Butler-Sloss & Others v Charity Commission [2022] EWHC 974. This case has potentially wide-ranging implications and in this article we will focus on those relevant to trustees of Guernsey-law trusts ...
In the guide, Chambers notes: «I choose to work with them because they are the most active in the scale-up and startup community; they have compassion for new market entrants; and are passionate and know all the domain experts for money and payment institutions.»» says an interviewee. Another interviewee adds: «They are able to quickly understand the technological, economical, and legal aspects ...
On the 7th day of Christmas HR was asked…”Can we run a Secret Santa? It’s going to be a blast!” And HR replied…. OK but please don’t make anyone gasp!! The tradition of Secret Santa in workplaces is one of morale-boosting Christmas cheer in which colleagues anonymously exchange presents, encouraging team-building and forging friendships ...
On the sixth day of Christmas, HR was asked “What's Sarah’s home address? I want to send her a Christmas present, and I don't want to guess!” And HR replied… ...
Key points: Limited duration for post-retirement employment will mean up to 24 consecutive months, with potential extensions up to 48 consecutive months, or longer with CalPERS' approval. The 24-month rule will also apply to time served by active employees appointed to upgraded positions or classifications for purposes of reporting "temporary upgrade pay" to CalPERS ...
Initially published by Thomson Reuters [23 November 2022], Shoosmiths partner Sam Tyfield comments on the implications of the recent call for regulation by cryptocurrency firms. Cryptocurrency firms and lobbyists have reacted to the collapse and bankruptcy of FTX by calling for regulation. When unpacked, however, their pleas to be regulated reveal an industry wanting regulation on its own terms while unwilling to face home truths about its faults and efficacy ...
On the fifth day of Christmas, HR announced with fear... We’re stopping the Christmas bonus for everyone this year! Employers and individuals alike are feeling the impact of increased costs this winter, and it may well be that some employers will seek to save costs by not paying a bonus to employees this Christmas. But is it lawful to simply decide not to pay a Christmas bonus one year? The answer lies in the employment contract ...
On the fourth day of Christmas, HR were asked, when do you say “no more” to the Christmas decorations? And HR said to me...a giant light up turkey is just too much for the Christmas tree! It is a common misconception that Christmas decorations should be banned for breaching health and safety rules ...
There’s a common quip in Washington that federal employees leaving their jobs to work in the private sector are “going to the Dark Side.” However, what is not so funny for federal contractors and former executive branch employees is when the application process for — or the performance of work at — the new job runs afoul of ethics laws and regulations. For example, Oracle America Inc ...
