Mandy Perry, of counsel in the London office, is a member of the Employment Group. Mandy’s practice includes acting in high value litigation disputes in the High Court and Employment Tribunal where she has gained particular experience in advising on whistleblowing, restrictive covenant issues and cross-border jurisdiction issues.
Mandy specialises in all aspects of contentious and non-contentious employment law and advises clients across diverse sectors with particular emphasis on corporate, real estate and technology clients.
Mandy advises on the strategy and handling of redundancies, wrongful and unfair dismissals, TUPE, discrimination disputes, financial services remuneration practices, data protection and a full spectrum of employment-related legal issues.
Legal 500 describe Mandy as “very experienced and knowledgeable.” She is an accomplished speaker and regularly provides client training on legal updates and diversity matters and presents on all aspects of the employment relationship.
We set out below our best guess on where this leaves employees, management and HR in the UK.
Firstly as we have all heard repeatedly today, nothing is going to change immediately and that is the same for employment law. It will be years before any changes are made and for the time being, everything remains the same and critically, no one has to leave.
Much of our employment law is just that – employment law driven solely by the UK. We then have laws that have been enacted into UK law as a result of European directives – so those laws are the ones that may, at some point in the future, be targeted. Our guess at Orrick is that changes where they happen will be focused on consultation rights, holiday pay and working time. Worker involvement has never had the same traction in the UK that it has with our European counterparts and the UK has always viewed employee consultation with a degree of skepticism. For this reason, we think it may eventually be a focus for change.
In the heady days of the Coalition Government, gender pay gap reporting started to get some traction on the political agenda. This led to the 2011 initiative ‘Think, Act, Report’ which encouraged employers to voluntarily publish gender pay gap information. According to a Guardian article in August 2014, citing a parliamentary question from the shadow Equalities Minster at the time, 200 companies signed up to the initiative but only four of those ever published any data. £90,000 of public money later and we were clearly no further on.
Following months of waiting the UK Government has finally published its draft regulations on the new “gender pay gap reporting” requirements in the UK. On publication of the draft regulations, the UK Government has asked one final consultation question: “What, if any, modifications should be made to these draft regulations?” – And so it would appear that the draft regulations are nearing but possibly not quite in final form, pending any pertinent responses received.
Relevant firms in the UK have until March 7, 2016 to appoint a “whistleblowers’ champion,” who then has until September 7, 2016 to oversee their firm’s readiness for the new whistleblowing regime.
The new whistleblowing regime: why make the change?
Since the 2013 Parliamentary Commission on Banking Standards recommendations were published in the UK, the Financial Conduct Authority (“FCA”) has been examining ways to ensure that individuals working in financial services feel able and encouraged to speak up when they have concerns to avoid the same financial scandals of the past.
Proposed Regulations May Complicate Reductions in Force in China
On December 31st, 2014, Ministry of Human Resources and Social Security (“MOHRSS”) issued a notice to solicit public opinions on the draft Regulations on Personnel Cutbacks by Enterprises (“Draft Regulations”). The Draft Regulations set out detailed implementing rules for “mass layoffs” (defined under the Labor Contract Law as being a layoff of more than 10% of the workforce or more than 20 employees) and, if adopted in their current form, will further complicate the process for conducting reductions in force in China.
You know how you wait for ages for a bus to come (well, we do in Europe) and then three come along at once? Well it’s a little like that in the data privacy arena right now, as far as transfer of international personal data is concerned, anyhow. For years, there has been a reasonably steady and fairly consistent position from the various bodies responsible for this complicated and often confusing area of law, but in the last few weeks we have been hit with a significant change overnight and we are all left wondering where to get off.
In the recent case of Ramphal v. Department of Transport (DoT) the tricky question of where HR should draw the line in a disciplinary matter between guiding the decision-maker on the right decision, and making that decision for them, was considered. The results weren’t great for the HR manager involved in this case…
Imagine that you have a senior employee who you have decided (for whatever reason) that you do not want anymore but you do not want to pay out his 12-month notice period. As an ingenious attempt to get around that, you instruct forensic investigators to carry out a ‘fishing expedition’ to try and find some dirt on him that will justify you summarily dismissing him, rather than paying out what he is owed under his contract. Imagine that your luck is in and you do indeed find some dirt but that the dirt you find is five year old dirt. Would you think that the High Court is going to accept this approach and agree that you don’t have to pay the notice period?
In the recent case of Game Retail Limited v Laws, the UK Employment Appeal Tribunal (or “EAT“) considered the fairness of an employee’s dismissal for offensive tweets. This is the first time this issue has been considered at EAT level. The EAT found that the dismissal was fair, even though the Twitter account was not linked to Mr Laws’ employment, and his posts were made in his own time.
Richard Branson is now offering his staff unlimited holidays. Below we set out the key UK employment law considerations to bear in mind if you want to follow suit.
We’ve received a number of requests in the past 12 months to include an unlimited holiday clause in standard employment contracts. It’s a Silicon Valley trend edging its way into the UK employment landscape via tech companies. At first glance it appears to be an incredibly attractive benefit and the oft quoted reason for unlimited holidays is to offer a unique perk to lure in and retain the best talent.
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