In January this year, we reported on a decision from the Scottish Court of Session which held that employers can settle future claims which are unknown at the time of entering into a settlement agreement, even if the basis for the claims has not yet arisen (Bathgate v Technip Singapore Pte Limited): https://www.mayerbrown.com/en/insights/publications/2024/01/the-unknown-unknowns-settling-future-employment-claims-in-the-uk
Christopher Fisher
‘Sexism in the City’: UK Government will not ban NDAs in sexual harassment cases
The UK Government has responded to the recent ‘Sexism in the City’ report by the House of Commons Treasury Select Committee (the “Report”). Among various recommendations in the Report was an outright ban on the use of non-disclosure agreements (“NDAs“) in sexual harassment cases, but the Government has decided it will not…
The insurance sector responds to the FCA’s non-financial misconduct survey
Firms in the insurance sector have submitted their responses to the FCA’s recent survey into non-financial misconduct and, before too long, other regulated firms may receive similar survey requests.
In this update, we look at the questions the FCA is asking and what we might expect next.
The unknown unknowns: settling future employment claims in the UK
Our latest legal update considers a recent decision from the Scottish Court of Session which makes it clear that employers can settle future claims which are unknown at the time of entering into a settlement agreement, even if the basis for the claims has not yet arisen (Bathgate v Technip Singapore Pte Limited).…
ICYMI: Insights for 2024 – Employment | Benefits | Mobility
With 2024 now underway, this is the perfect time to check out our Insights publication.
In case you missed it, Insights highlights what’s on the horizon for employers this year across a range of jurisdictions, including the UK, France, Germany, Hong Kong and US, and provides a regional snapshot of the key hot topics…
Not so ‘plain and simple’: the new draft FCA rules for non-financial misconduct
Our latest legal update considers the amendments recently proposed by the Financial Conduct Authority (“FCA”) to its Conduct Rules, to include non-financial misconduct such as bullying and harassment.
We look at issues including:
- When behaviour will be considered work-related as opposed to something that is part of an employee’s personal or private life.
New US rules on clawback policies and how they compare in other countries
The US securities exchanges (NYSE and Nasdaq) recently introduced new rules requiring listed US companies to adopt policies that provide for clawback of incentive-based compensation in the event of a restatement of the company’s financial statements.
In this Legal Update, Mayer Brown’s Employment and Benefits Group discusses the impact of the new rules on companies…
Latest news on US non-compete ban
Many of our clients (in the US and outside) are tracking the progress of the Federal Trade Commission’s proposal to ban non-compete agreements. It remains to be seen whether that rule will be introduced, and if it is, there will undoubtedly be litigation challenging it. In the meantime, however, it is worth noting that the…
Employment Status – An Update
There has been some debate in recent years as to whether or not the written terms between an alleged independent contractor and the recipient of their services hold any weight at all when determining the employment status of an individual.
In the past, it was always thought to be one factor to be weighed up…
New Code of Practice for “fire and re-hire”
The Government is consulting on a draft Code of Practice that will regulate the practice of dismissal and re-engagement, or “fire and re-hire”, as it has become known more recently. This is the practice that became particularly controversial following the dismissal by P&O of 800 staff in 2022, in order to replace them with lower-cost…