Welcome to the first edition of our quarterly HR Privacy newsletter brought to you by the London employment team designed to keep you updated with key cases, legal developments, trends and news relating to UK and EU-wide employment / HR data privacy matters.
At first sight, the case of Webb v London Underground is a typical first instance unfair dismissal and race discrimination case. What is more interesting from an employment and privacy perspective is the employment tribunal’s findings in relation to Ms. Webb’s private Facebook posts.
In a recent Baker McKenzie global survey, 87% of senior lawyers expressed concern about facing an internal investigation in 2023 – a 22% increase from last year. At the same time, data privacy concerns, new regulations – including the EU Whistleblowing Directive – and a rising focus on ESG considerations are further compounding the challenges for organizations in this space. Explore the drivers for whistleblowing and investigations activity, key regional trends and steps to overcome common compliance pitfalls.
Ethnicity pay gap reporting in the UK remains voluntary. For organizations that choose to report this data, the government has now published guidance on how to do so, recommending that they mirror the rules on gender pay gap reporting where possible. The big difference is that ethnicity pay gap reporting involves multiple categories.
The European Whistleblowing Directive (WBD) was supposed to be implemented by the European Union’s 27 member states by no later than 17th December 2021, impacting employers with operations in those jurisdictions.
This article looks at what those key challenges are and the unique support we can offer in helping global employers harmonize their global approach to managing whistleblowing reports within the prescriptive requirements of the WBD.
The UK government has published its response to the Women and Equalities Committee’s report on menopause and the workplace. While the response accepts some of the Committee’s proposals, it also confirms that the government does not propose any legislative changes or to produce a model menopause policy or trial menopause leave.
It is not necessary for there to be an “irreducible minimum of obligation” between the parties in order for an individual to be held to be a worker under the Working Time Regulations 1998.
The European Whistleblowing Directive was to be implemented by the European Union’s 27 member states by no later than 17 December 2021, impacting employers with operations in those jurisdictions. Member states are still passing their implementing legislation, meaning employers are facing a period of intense activity as they adapt to changes in legislation across the region.
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The Supreme Court has confirmed that the 12.07% formula commonly used to calculate holiday pay for workers with irregular hours is incorrect. Using it will in some cases result in an underpayment. Employers who rely on this formula should ascertain whether it creates any material liabilities for their organisations (Harpur Trust v Brazel).