Nicola Whiteley

Partner

London


Read full biography at www.orrick.com
Nicola is head of the London Employment Team and has more than 20 years of experience in all aspects of contentious and non-contentious employment law, with a particular focus on complex and/or cross border issues for multinational clients and on the Technology and Finance sectors.

Leading a "straightforward and solutions-focused" team in London, Nicola is listed and noted for her "business-oriented approach" in Who's Who Legal and recognised by Legal 500 as a "very responsive, thoughtful, and pragmatic consummate professional", with clients praising her "excellent judgment and knowledge." 

She is a member of the International Committee of the Employment Lawyer's Association.

Posts by: Nicola Whiteley

COVID-19 UK: Employment – Coronavirus Job Retention Scheme – Legal Framework published and more questions raised – Update

On 15 April 2020, the Treasury, in exercise of the powers conferred by sections 71 and 76 of the Coronavirus Act 2020, gave a Direction to HMRC, setting out the mechanics of the Coronavirus Job Retention Scheme (CJRS). Note, the Direction does not replace the HMRC Guidance, but a valid Direction has the standing of an Act of Parliament and is therefore subject to the usual rules of statutory interpretation. By way of background, please refer to our recent insight piece with the previous details of the Scheme and guidance for employers and employees: read here.

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COVID-19 UK: Employment – Coronavirus Job Retention Scheme: further clarification – Update

Following our update last week around the guidance from the UK Government on the announced Coronavirus Job Retention Scheme, further clarification on some (but not all) of the grey areas has now been provided. We have set out below some of the main points of clarification. READ MORE

UK Coronavirus Job Retention Scheme – The Details Have Landed

One day after the Coronavirus Act was passed (which brought in the new SSP rules), we have finally received guidance from the Government on the announced Coronavirus Job Retention Scheme and how it will work. There is no reference in the guidance to legislation and it is not clear whether there will be any, or whether HMRC will simply rely on this guidance. However, a lot of the questions we have all been asking for the last week have been answered. READ MORE

COVID-19 UK: Employment – The UK Job Retention Scheme and Gender Pay Gap Reporting – the Latest – Update

On 20 March 2020, in a bid to prevent mass job losses as a result of the coronavirus, the Chancellor, Rishi Sunak, announced the Coronavirus Job Retention Scheme. The government has agreed they will reimburse 80% of wages for all employees who are ‘furloughed’ but still on the payroll, up to a cap of £2,500 per month. READ MORE

COVID-19 UK: Employment – UK Government Agrees to Pay Employees’ Wages

The UK Government has said they will step in and pay up to 80% of wages subject to a cap of £2500 per month for any employee who is not working but kept on payroll, rather than made redundant.  This is intended as an incentive to keep people in work and means that if an employer is considering redundancies or unpaid sabbaticals because its employees have no work due to the impact of the coronavirus, then provided these employees are kept on payroll instead, companies of all sizes will be able to apply to HMRC for these grants to keep paying their employees.  According to the Chancellor, Rishi Sunak, the system should be up and running in a matter of weeks and be fully operational by the end of April. READ MORE

The Coronavirus in the International Workplace – How do Multinational Employers React Appropriately?

This updated overview provides multinational employers practical advice to develop their coronavirus response strategy on an international level and to ensure a safe working environment for their employees under local employment and labor laws of UK, France, Germany, Italy, and Japan. Stay tuned for updates as new developments occur.
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The Coronavirus in the International Workplace – How do Multinational Employers React Appropriately?

This updated overview provides multinational employers practical advice to develop their coronavirus response strategy on an international level and to ensure a safe working environment for their employees under local employment and labor laws of UK, France, Germany, Italy, and Japan. Stay tuned for updates as new developments occur.
READ MORE

The Coronavirus in the International Workplace – How do Multinational Employers React Appropriately?

This updated overview provides multinational employers practical advice to develop their coronavirus response strategy on an international level and to ensure a safe working environment for their employees under local employment and labor laws of UK, France, Germany, Italy, and Japan. Stay tuned for updates as new developments occur.

READ MORE

The Coronavirus in the International Workplace – How Do Multinational Employers React Appropriately?

This overview provides multinational employers practical advice to develop their coronavirus response strategy on an international level and to ensure a safe working environment for their employees under local employment and labor laws of Germany, France, Italy, UK and Japan. READ MORE

Good Work If You Can Get It: UK Government’s Response to Modern Working Proposals

Some seven months after the publication of Matthew Taylor’s independent ‘Review of Modern Working Practices’, the UK Government has finally issued its response to the Taylor proposals: the “Good Work” response (the “Response”). Big news, you might think – but it’s fair to say that it promises more than it delivers.

Some of the headlines in the UK press would have you believe that there has been a large scale reform on UK employment rights and this was certainly the expectation– but this just isn’t the case, at least for now. The Government has stated that it is in agreement with 52 of the 53 recommendations from Matthew Taylor’s commissioned review, which considered how employment practices need to change in order to keep pace with modern business models (the “Taylor Review”), and it has acknowledged that, “all work should be fair and decent, with scope for development and fulfilment” – but the major points in the Response are all subject to further consultation and we are far from having concrete plans in place to effect change. READ MORE