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 ...
The EU revenue cap which limits certain electricity generators' revenues has raised many questions within the energy sector. In Finland, the revenue cap will likely be implemented in the form of a temporary windfall tax which would apply to profits made in 2023. Our energy team's associate Nelli Rönkkö has summarised the key points regarding the implementation of the EU revenue cap in Finland ...
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 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 ...
December 6, 2022 By: Alexander Davis and Manuel Fishman In March 2020, the voters of San Francisco approved Proposition D, also known as the Commercial Vacancy Tax. The ordinance applies to ground floor, street-facing, commercial properties within any of the 32 districts listed in Section 201 of the Planning Code (which the regulation defines as “Taxable Commercial Space”) ...
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 ...
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 ...
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 ...
Kudun and Partners, Thailand Arbitration Center (THAC) and MDD Forensic Accountants hosted a panel discussion on “Successful startups – how to avoid common pitfalls and manage disputes in Thailand”. The panel was moderated by Emi Rowse Igusa, partner and Head of Japan Practice at Kudun and Partners, and included Kongkoch Yongsavasdikul, Partner and Co-head of the Startup practice at Kudun and Partners ...
The Insolvency Practitioners Bill (‘the Bill’) is at its second reading in Parliament. The Bill is intended to partially transpose EU Directive 2019/1023 (‘the Directive’) on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt ...
Alternative Dispute Resolution in Jersey In Jersey the courts do not experience the same delays as the English system. This year, in Jersey the family court has moved to a new location at International House – which has been specially designed to encourage parties to settle their matters outside the court. The new court provides various comfortable meeting rooms and parties are encouraged by the Registrars to attend court early to see if a resolution can be found ...
Recent upheavals sweeping the globe, including significant changes in social and familial structures and technological, political and economic shifts, have quite obviously also stoked the fire of underlying family tensions with incendiary results. Often the next generation fails to conform to the expectations of the wealth-originating generation and their goals and ambitions can diverge quite significantly ...
Recent announcements suggest the government has moved away from amending UK employment law via an all-encompassing Employment Bill. Instead, it is supporting changes proposed by backbench MPs through various Private Members’ Bills (PMBs). The Queen’s Speech in December 2019 announced the government’s intention to bring about various employment law reforms, in particular those recommended in the Taylor Review and subsequent consultations, via an Employment Bill ...
On the third day of Christmas, HR was asked “How do you deal with the morning after the Christmas party?” And HR replied…carefully! There will no doubt be a few sore heads following a work organised Christmas Party and it will be that bit more tempting for employees to switch off the early morning alarm and go back to sleep! But what should employers do if an employee turns up late for work or doesn’t turn up at all? If the employment contract allows for it, an emplo
A landmark decision has been handed down by the Court of Appeal in O G Thomas Amaethyddiath v Turner & Ors [2022] EWCA Civ 1446 (further info here), a case concerning the validity of a notice to quit. The Court of Appeal applied the test set out in Mannai Investment Co v Eagle Star Life Assurance [1997] AC 749 and overturned both the decision at first instance and at first appeal ...
On the second day of Christmas, HR was asked “How do you keep control at the Christmas party?” And HR replied...by setting clear boundaries! Christmas parties are designed to be fun, but a few festive drinks can quickly get out of hand if not managed correctly. A sobering thought is that employers can be vicariously liable for the action of employees during work events such as Christmas parties. So, what steps should employers take? Risk assessments are a pre-party essential ...
