Employment Law and Litigation

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 – Holiday in the time of COVID-19 – Update

Nicola WhiteleyPosted on May 21, 2020

On 13 May 2020, the UK government published guidance giving employers much needed clarity on how holiday entitlement and pay operate during the Coronavirus pandemic. It considers both those who continue to work and those who have been placed on furlough under the Coronavirus Job Retention Scheme.

When the government issued travel advice against all non-essential travel back in mid-March, perhaps we might have been forgiven for thinking that summer plans would be unaffected. However, it is becoming clear that such plans will also have to be put on hold and so employees may be considering cancelling their holiday bookings. READ MORE →

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

Nicola WhiteleyPosted on April 16, 2020

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.

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

Nicola WhiteleyPosted on April 7, 2020

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

Nicola WhiteleyPosted on March 27, 2020

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

Nicola WhiteleyPosted on March 24, 2020

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

Nicola WhiteleyPosted on March 22, 2020

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?

Nicola Whiteley, Emmanuel Bénard, André Zimmermann, Mario Scofferi, Yumiko Ohta, Léo Theillac, Adélaïde Jomier, Marianna Karapetyan and Francesco BrandiPosted on March 18, 2020

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?

Nicola Whiteley, Emmanuel Bénard, André Zimmermann, Mario Scofferi, Yumiko Ohta, Léo Theillac, Adélaïde Jomier, Marianna Karapetyan and Francesco BrandiPosted on March 10, 2020

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

Nicola Whiteley, Emmanuel Bénard, André Zimmermann, Mario Scofferi, Yumiko Ohta, Marianna Karapetyan, Léo Theillac, Adélaïde Jomier and Francesco BrandiPosted on March 9, 2020

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

André Zimmermann, Louisa Kallhoff, Marianna Karapetyan, Mario Scofferi, Francesco Brandi, Yumiko Ohta, Emmanuel Bénard, Léo Theillac, Adélaïde Jomier and Nicola WhiteleyPosted on February 14, 2020

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 →