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In this month’s highlights, our team summarises the latest developments in UK employment law and their implications for employers. ...more
NDAs are facing a wave of reform, prompting employers to reassess how they manage sensitive workplace issues. Many employers have already updated their settlement agreement templates following the Solicitors Regulation...more
A recent Tribunal decision in Afshar and others v. Addison Lee Ltd found that the two-year backstop on deductions from wages claims, which has been in force for nearly a decade, was void and the Claimants in that case could...more
The UK Home Office has announced updated policies regarding sponsorship costs for Skilled Workers that will have significant implications for employers hiring or sponsoring international talent. From January 8, 2025, the next...more
Welcome to our new bi-monthly series, where we compare employment law and practice from an international perspective, drawing on the experience of local and international employment lawyers who deal with these issues every...more
As part of its “Smarter regulation to grow the economy” initiative, the UK government is consulting on further changes to TUPE. These include making it clear that TUPE applies to employees, not the wider category of workers,...more
The UK's Competition and Markets Authority (the "CMA") has published a research report on competition and market power in labour markets. The report is likely to reinforce the CMA’s determination to use its competition law...more
On May 10, 2023, the UK government announced its intention to limit the duration of non-compete restrictions in employment contracts to three months. This was part of a package of measures announced to boost the productivity...more
In a reassuring decision for employers, the UK High Court has confirmed that an employer’s use of a contractual provision to claw back an employee’s bonus was lawful. The ruling in Steel v Spencer Road LLP provides helpful...more
Our September update includes cases on whether a transgender employee was discriminated against for being subject to a “gender specific” insult, the extent to which employers should enquire about employees’ disabilities in...more
In the case of Ponticelli Limited v Gallagher, the Scottish Court of Session has confirmed that the right to participate in a share incentive plan transferred to the transferee / new employer under TUPE even though the...more
In Ponticelli Ltd v Gallagher, the Court of Session in Scotland decided that a share incentive plan transferred under TUPE. Even though the employee’s right to participate was not contained in his contract of employment, it...more
In this alert, we’ve highlighted some of the key developments in UK employment law and explain what they may mean for employers. Limits on noncompetition restrictions - The UK government has announced its intention to...more
UK Government Plans To Limit Duration of Non-Compete Restrictions in Employment Agreements to Three Months - As part of efforts to increase the competitiveness of UK firms in global markets and promote their growth, the UK...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
The UK government has provided further color on its proposed rule to limit non competes to a period of three months post termination. The UK government has published its full response to consultation....more
The UK government has announced that it will bring in legislation to restrict the post-employment non-compete restraints to three months. This is a significant proposal as currently non-compete restrictions in the UK are...more
Hot on the heels of the US Federal Trade Commission's proposed ban on non-compete covenants, the UK Government announced similar plans to implement legislation to limit non-compete covenants in employment contracts to a...more
A range of new employee rights have been promised by the Government for some years. These include extended redundancy protection for pregnant workers, the right to request flexible working from day one and the right to...more
The government has announced that it will not repeal most retained EU law at the end of the year as originally planned. However, it is planning to use Brexit-related freedoms to amend some aspects of the Working Time...more
The UK government on May 10, 2023, announced its intention to limit the length of post-employment non-compete clauses (i.e., restrictions prohibiting an employee from going to work for a competitor or to start a rival...more
For US companies contemplating an expansion into the UK, there are a number of employment-related factors to consider, as the requirements for employers and rights of employees differ significantly across the pond. Below,...more
At the end of last year, the US Department of Justice (DOJ) secured a guilty plea for wage fixing, resulting in its first criminal conviction with Assistant Attorney General Jonathan Kanter saying: “[t]oday’s guilty plea...more
The Supreme Court of the United Kingdom has published its long-anticipated decision in Harpur Trust v Brazel confirming that paid holiday for part-year employees/workers on permanent contracts must not be pro-rated....more
The Court of Appeal in England and Wales decided that an employer was entitled to dismiss and offer to re-engage employees on new terms in order to remove pay protection it had originally referred to as “permanent”. The...more