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Herbert Smith Freehills LLP | United Kingdom | 16 May 2023

UK: consultation documents provide more detail on non-compete, working time and TUPE reform proposals

The Government has now published further details of the proposed reforms to employment law announced in its policy paper on 10 May (see our post…
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Herbert Smith Freehills LLP | European Union, United Kingdom | 10 May 2023

UK: Government announces plans for post-Brexit employment law reform

The Secretary of State for the Department for Business and Trade, Kemi Badenoch MP, has today issued a written statement announcing that the…
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Herbert Smith Freehills LLP | United Kingdom | 5 May 2023

UK: round-up of new employment law consultations, guidance and progress on legislative proposals

Keeping track of proposals to amend employment laws has always been challenging and start of 2023 has been no exception, with a plethora of…
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Herbert Smith Freehills LLP | United Kingdom | 30 Apr 2023

UK: Court of Appeal rejects technical early conciliation arguments

The Court of Appeal has ruled that an employer could not have claims from multiple claimants struck out on the basis of a technical breach of…
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Herbert Smith Freehills LLP | United Kingdom | 28 Apr 2023

UK: new government guidance on positive action and ethnicity pay gap reporting

Enabling equality of opportunity is a key moral and strategic opportunity for any organisation, but the uncertain boundaries around lawful positive…
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Herbert Smith Freehills LLP | United Kingdom | 7 Mar 2023

Court of Appeal rejects novel duty of care on banks to protect employees from economic loss arising from a criminal conviction in the performance of duties

The Court of Appeal has dismissed the appeal of a bank employee, finding that the bank did not owe a novel duty to take reasonable care to avoid the…
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Herbert Smith Freehills LLP | United Kingdom | 7 Mar 2023

UK: Court of Appeal confirms limits on implied contractual indemnity and employer duty of care in relation to loss caused to employee by third party

Employers will welcome the Court of Appeal decision in Benyatov v Credit Suisse (Securities) Europe Ltd confirming that, as a matter of law, there is…
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Herbert Smith Freehills LLP | United Kingdom | 21 Feb 2023

UK: refusal of flexible work request made while on leave could give rise to indirect discrimination claim even if revoked prior to the employee’s return to work

Employers should ensure they give careful consideration to flexible working requests made during maternity or other long-term leave, as a recent EAT…
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Herbert Smith Freehills LLP | United Kingdom | 18 Jan 2023

UK: ‘without prejudice’ protection may apply to exit discussions in response to a grievance

The EAT ruling in Garrod v Riverstone Management Ltd provides welcome reassurance that an employer can initiate ‘without prejudice’ discussions…
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Herbert Smith Freehills LLP | United Kingdom | 16 Jan 2023

UK: Court of Appeal rules on Covid-related automatic unfair dismissal claim

Employees can claim automatic unfair dismissal (from day one of employment) where they are dismissed because they left or refused to return to work in…
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