In February this year, draft gender pay gap reporting regulations were published and comments were invited. There then followed an extended period while we waited for the final regulations to be published and the (many) consultation questions to be addressed. One could speculate about the chaos caused by Brexit [in Parliament] that caused this extended waiting period, but we won’t. The main thing is that the final regulations are at last here and (subject to parliamentary approval) will come into force on April 6, 2017. READ MORE
Nicola was recognised in Legal 500 in 2011 with clients praising her as a "great communicator". In 2013, Legal 500 recognised Nicola describing her as "exceptionally capable" and awarding "the exceptional department" a Tier 8 ranking. Nicola's team was also listed in the 2016 edition of The International Who's Who of Management Labour and Employment Lawyers. In 2016, Legal 500 again recognized Nicola describing her as "clever, experienced and thorough litigator".
Nicola regularly publishes newsletters, presents seminars and provides tailored training sessions on a range of employment-related topics, a few of which include TUPE, contracts, unfair dismissal, working time, enforcement of cross-border restrictive covenants and trade secrets, financial services renumeration practices, employment status, team moves, mock tribunals, redundancy practice and procedures, works councils and other consultation issues, discrimination and data protection.
Some of Nicola's most notable recent engagements including the following:
- Advised a European bank in relation to employee aspects of an asset management merger including implementing a complete harmonisation of terms and conditions by way of dismissal and re-engagement.
- Advised a leading financial institution in relation to employee matters on two parent and local level mergers with other leaders in the field, including implementing a complete harmonisation of terms and conditions by way of dismissal and re-engagement of all the employees and ongoing advice on issues relating to a proposed takeover, a related management buy-out of part of the business and a number of high value bonus and deferred compensation cases.
- Advised a leading global recycling and manufacturing company on a collective consultation exercise involving a large-scale redundancy, closure and voluntary benefits reduction exercise in two of its UK sites.
- Advised a leading Scandinavian bank on a recent merger, relocation, harmonisation of terms and restructuring exercise.
- Advised a multi-national energy company on a collective redundancy and reduction of benefits exercise for its entire UK workforce.
- Advised and represented a leading European bank, in relation to the defence and favourable settlement of an unfair dismissal, age and sex discrimination claim.
- Advised and represented a leading financial institution in relation to grievance and disciplinary proceedings involving whistleblowing, personal injury and discrimination allegations and successfully avoiding any resulting claim.
- Advised leading American investment bank in relation to a stress claim brought by an employee.
- Defended an international software company against a multi-strand discrimination, unfair dismissal and whistleblowing claim by a vexatious litigant.
- Defending a high profile fund management firm against a sex and race discrimination, sexual harassment, victimisation and bonus claim by an existing employee, achieving a swift and very favourable settlement.
- Advised and represented a leading European bank, in relation to the defence and favourable tribunal outcome of an unfair dismissal and race, age and sex discrimination claim.
- Represented a leading global financial services institution in a concurrent UK High Court and US District Court action (including anti-suit injunction) arising from breach of restrictive covenants and consequent forfeiture of restricted stock by a senior international executive.
- Represented a multinational energy company, in relation to a High Court breach of contract action from a former expatriate employee, involving jurisdictional issues.
Posts by: Nicola Whiteley
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.