Search for:
Category

UK

Category
In Employment

United Kingdom: Dismissal following expression of gender critical and marriage beliefs online was discriminatory

by , and 8 Mins Read

The Court of Appeal has held that dismissing an employee for a social media post expressing gender critical beliefs and beliefs on same sex marriage was disproportionate, and therefore discriminatory. This decision confirms the legal tests for balancing conflicting protected beliefs, underscoring the basic principle that employees have the right to manifest their religious or philosophical beliefs, subject only to limited, objectively justifiable exceptions. While the post was arguably offensive to some gay and/or trans people, expressing a protected belief that is offensive to others does not by itself justify disciplinary action; there must be something objectively objectionable in the manner of expression. This is a high threshold; merely “intemperate” language is not sufficient.

Read More
In AML & Financial Services Regulatory

United Kingdom: The FCA’s PEP Review – Considerations for Family Offices

by and 6 Mins Read

On 18 July 2024, the UK Financial Conduct Authority (FCA) published the findings of its multi-firm review on firms’ treatment of politically exposed persons (PEPs). This review is likely to be of interest to family offices and their advisers for the following reasons:
• UBOs of family offices are often treated as being within the scope of the PEP categorization.
• An overly restrictive approach to KYC and AML controls on the part of financial institutions can create friction and delays for family offices and their UBOs, and the FCA’s findings may provide some basis to push back on or query the approach on this point (see below).
• Given the FCA’s strong public stance on the PEP issue, we may see other global regulators following the UK’s lead in the future.

In Antitrust / Competition

United Kingdom: New digital competition regime and changes to UK competition regime now in force

by , , , and 1 Min Read

Following the enactment of the Digital Markets, Competition & Consumer Act (DMCCA) in May 2024, the new UK digital markets competition regime and changes to the UK competition regime entered into force on 1 January 2025. This landmark legislation brings about significant changes to the UK antitrust regime including giving the Competition & Markets Authority the ability to regulate the technology sector, increased jurisdiction to review mergers, and stronger antitrust investigation powers.

In AML & Financial Services Regulatory

United Kingdom: Financial Conduct Authority (FCA) proposes to expand payment optionality rules to fund managers

by and 1 Min Read

On 26 July 2024, in response to the UK Government’s Investment Research Review on the effectiveness of the investment research market, the FCA published its final rules and guidance to permit the bundling of payments for investment research and trade execution by investment firms. The final rules, which took effect on 1 August 2024, adapt the FCA’s policy to evolving markets and better align with the regulatory position in the EU and US. The FCA has now proposed to extend reintroduction of the bundled payment model to managers of pooled funds – i.e., AIFMs and UCITS ManCos.

In ESG

United Kingdom: EHRC updates technical guidance on sexual harassment and harassment at work

by , , and 4 Mins Read

The new duty on employers to take reasonable steps to prevent sexual harassment of employees will come into force on 26 October 2024. Following a consultation during the summer, the Equality and Human Rights Commission has published an eight-step guide to preventing sexual harassment at work and made further updates to its technical guidance on sexual harassment and harassment at work

Read More
In ESG

United Kingdom: EAT confirms associative indirect discrimination claims are permitted for events prior to 1 January 2024

by , and 6 Mins Read

With effect from 1 January 2024, the government amended the Equality Act 2010 (EqA) to include associative indirect discrimination claims, with the stated aim of replicating and preserving existing EU case law. The EAT has confirmed that such claims were possible in relation to events occurring prior to 1 January too, under then-applicable principles of EU law. This means that where an employer applies a provision, criterion, or practice (PCP) which puts people with a particular protected characteristic at a disadvantage, and where the claimant also suffers that same disadvantage, the claimant does not need to have the same protected characteristic as the disadvantaged group. (BA v Rollett and Ors, EAT).

In Antitrust / Competition

United Kingdom: DMCC – Consumer protection – Spotlight on online reviews

by , and 5 Mins Read

The UK Government passed the long-awaited Digital Markets, Competition and Consumers Act (DMCC) on 24 May 2024.
The DMCC will bring radical change to the enforcement of consumer law in the UK, introducing new powers for the CMA to issue direct fines of up to 10% of global annual turnover for breaches. This spotlight series will focus on the substantive changes to consumer law introduced by the DMCC, and how it compares to the position in the EU.

Load More