This edition of the “Working with Unions” bulletin covers the period of April to September 2022 and includes: (i) the decision of the Employment Appeal Tribunal in INEOS Infrastructure Grangemouth Limited v Jones & Others and INEOS Chemicals Grangemouth Limited v Arnott & Others, clarifying the scope of the unlawful inducements in collective bargaining provisions under section 145B of the Trade Unions and Labour Relations (Consolidation) Act following last year’s Supreme Court decision of Kostal v Dunkley, and (ii) the Court of Appeal’s decision in USDAW and others v Tesco Stores Ltd which reversed the High Court’s decision to grant an injunction preventing the employer from dismissal and reengagement.
The EU legislators aim to promote more transparent and predictable employment, while ensuring labor market adaptability. To reach this goal, the EU directive on transparent and predictable working conditions and its implementation law impose certain information obligations on employers, and also lay down new minimum standards regarding working conditions that have to be guaranteed. In the case of noncompliance, sanctions (up to level 3) can be imposed.
We would like to cordially invite you to our hybrid briefing “Crossroads between Employment Law and Data Protection” on 5 December 2022. It will take place both on-site in our Baker McKenzie office in Berlin and globally online.
We’re pleased to present the eighth edition of Ukrainian Laws in Wartime: Guide for International and Domestic Businesses, a brief overview of the key features of wartime legislation.
This issue contains updated responses to the most common questions raised and considered by international and Ukrainian businesses.
After the introduction of the UK Modern Slavery Act, the French Duty of Vigilance Law, Germany also followed by adopting the Act on Corporate Due Diligence Obligations in Supply Chains (Lieferkettensorgfaltspflichtengesetz or “LkSG”). The LkSG lays down extensive obligations for companies with regard to their own business area, but also their direct and indirect suppliers. Many of the necessary measures require preparation. Therefore, companies should finalize their preparation in the coming weeks as the LkSG enters into force in 2023.
Whether employers are making redundancy, promotion or more general day-to-day decisions, they should not disregard the risk of age discrimination simply because the employees concerned are of fairly similar ages. In an article published by Employment Law Journal, John Bracken analyzes three cases which highlight some of the perils employers face when making management decisions about older members of their workforce.
The UK’s political upheaval and fiscal policy changes are much-publicized. But where do we stand on recently proposed changes to employment law as Rishi Sunak starts his premiership? One of the Truss government’s tax proposals – repealing IR35 changes – might have had a significant effect on contractor workforce planning. However, this was abandoned and the current IR35 rules will remain. Conversely, for the time being, the government is pursuing its plans to limit the disruption caused by strike action in the transport sector. Similarly, the removal of the cap on bankers’ bonuses is still on the agenda. Also on the horizon is the potentially ground-changing proposal to scrap all retained EU law, which in theory could include TUPE.
Welcome to In Focus, Baker McKenzie’s Labour and Employment video chat series for Canadian employers. In each on-demand episode, our lawyers provide insights and quick, practical tips on today’s most pressing issues and legal developments impacting employers operating in Canada.
Modern slavery is an umbrella term for practices which share a common element of force or coercion. The International Labor Organization estimated that, globally, 40.3 million people were working in conditions which could be described as modern slavery in 2016. As a result of the increasingly international reach of modern slavery legislation, many companies with global footprints are modifying their organization to ensure compliance across their business, for example by preparing modern slavery statements which tick off compliance requirements in several jurisdictions. Legislative change is expected in the UK, Canada, and under the EU’s proposed Corporate Sustainability Due Diligence directive.
Companies are turning to artificial intelligence to assist in recruiting and hiring the best talent in this tight labor market. However, there’s substantial corporate oversight in assessing AI threats, while agencies like the Equal Employment Opportunity Commission in the US are closely examining AI for potential bias and other harms. In this Quick Chat video Paul Evans and Brad Newman welcome Stephen Malone of Fox Corporation to discuss blind spots in using AI in recruitment and hiring, and share to practical tips to help employers alleviate these issues. Join us to continue the discussion in-person at Baker McKenzie’s event, A Conversation with Special Guest Speaker EEOC Commissioner Keith Sonderling, taking place 27 October in Palo Alto.