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Top 10 tips for senior executives negotiating an exit
Moira Campbell
What if you do not want to return to work yet? If that is the case, you should consider the following:
Conversely, what if you are anxious to get back to work but are not one of the first asked to do so? There is no statutory right to insist on returning to work at the current time, but there are factors you can call upon that may assist.
Either way the reality is that this is a very dynamic area of law at the moment, so be alive to developments. There may be changes you can use to support your position. Ultimately however, safety will be king, and no sensible employer will want to take risks with an employee’s health, particularly if well-articulated and recorded. The risk of liability will mean Employers will want to tread carefully before pressuring an employee to return, or seeking to discipline those who have valid reasons for failing to comply with an instruction to return to work.
This article was first published in efinancialcareers on 20 May 2020, Your legal rights on returning to work during COVID-19 .
If you would like any further information or advice about the issues explored in this blog, please contact Richard, Andy or another member of our employment law team.
On 13 May 2022, the FCA published a final refusing Alexander Jon Compliance Consulting Ltd.’s (“AJCC”) application for authorisation to provide regulatory hosting services. There is no specific definition of what a regulatory host is, but the FCA generally regards it as a commercial arrangement whereby an authorised Principal firm appoints and oversees a number of unconnected Appointed Representatives (“ARs”) which operate across a range of markets.
Nick Ralph looks in detail at recent cases that have stemmed from the pandemic, including a refusal to attend work due to fear of contracting the virus.
Richard Fox and Clodagh Hogan explain the questions people professionals should ask prior to conducting an inquiry into a dispute between employees
Investigations being conducted into workplace disputes have increased recently, possibly partly due to the rise in the number of sexual misconduct in the workplace allegations since the advent of the #MeToo movement.
Planning is key to workplace investigations and, if you are considering carrying out an investigation, ask yourself the following questions at the outset:
Much has been said about the proposed changes to the flexible working regime announced by the Government in its Consultation Paper on 23 September 2021.
In a case that attracted national media coverage and emphasises the crucial importance of regulatory compliance and the highest standards of professional conduct in the financial services sector, the High Court dismissed a breach of contract claim brought by an investment manager.
For the fourth year the FCA has published research on the changing relationship between consumers and cryptoassets. In spite of the pandemic, the strong upward trend in public engagement and media coverage has continued, with the FCA estimating 2.3 million adults now hold cryptoassets.
This week, the Government announced that Covid-19 vaccinations will be made compulsory for care home staff, raising strong emotions on both sides of the argument.
Global financial markets are preparing to transition away from the use of the London Interbank Offered Rate (“LIBOR”) and adopt an appropriate alternative risk free rate (“RFR”) by the end of 2021. What are the reasons for the move away from LIBOR, the progress to date in terms of identifying the Sterling Overnight Index Average (“SONIA”) as the most appropriate alternative rate in the Sterling markets, and the steps still required to be taken to ensure such markets are ready for the phasing out of LIBOR by the end of the year
The breakdown of a relationship is a challenging and stressful time, even when you and your partner are on relatively good terms.
There are a number of support services we recommend to help manage the strain which comes with relationship breakdown and the significant changes to your and your children’s circumstances. People often go first to friends and family and then perhaps to a lawyer, counsellor or financial advisor. Many people do not feel comfortable talking to their employer about their circumstances and in this blog, we explore how it can be important from both a personal as well as family law and employment law perspectives.
At the end of last month, the Competition and Markets Authority (CMA) published a letter written to Danske Bank concerning its breach of the Small and Medium-sized Enterprise (SME) Banking Behavioural Undertakings 2002, following loans it had offered under the ‘Bounce Back Loan Scheme’.
As of 10 January 2021, all cryptoasset firms are required to be registered with the Financial Conduct Authority (FCA) under the Money Laundering Regulations.
As 2020 drew to a close, many people had high hopes for 2021.However, the virulent and unforgiving COVID-19 pandemic has ensured it has not been an easy start to the year for most.
Some senior executives will be looking for a change, others may have fallen victim to one of the rounds of redundancy which have resulted from the pandemic.
FCA focuses on risks associated with unmonitored communications, including the use of unencrypted apps, such as WhatsApp, for sharing potentially sensitive or confidential information when working from home.
On 12 March 2018 the SRA published its warning notice on the use of non-disclosure agreements (NDAs). This was in the wake of the widespread publicity at the time given to NDAs which had been considered too draconian in reach and effect.
According to Diversity UK, in 2018 roughly 13.8% of the UK population was from a minority ethnic background and 40% of the population in London were from the Black, Asian & Minority Ethnic (BAME) background.
The global events of this year including the Black Lives Matter movement, the apparent disproportionate impact on the BAME population of COVID-19 and news that the ethnicity pay gap remains significant, have again brought the issue of lack of racial equality to the fore.
As we near the first anniversary of the extension of the Senior Managers & Certification Regime (SM&CR) to solo-regulated FCA firms, the first round of annual fitness and propriety assessments will be topping the to-do lists of many compliance professionals.
One of the impacts of the Covid-19 pandemic is that national income has fallen dramatically. In response to concerns from homeowners unable to meet their mortgage repayment requirements due to a drop in income, the Treasury and Financial Conduct Authority announced a ‘mortgage payment holiday’. This was the result of banks agreeing to allow mortgage-holders suffering from a drop in income to pause their repayments. A ban on home repossessions was put in place at the same time
There has been much mention in the press in recent times about the amount of allegedly incorrect or fraudulent claims made by employers under the Government’s Coronavirus Job Retention Scheme (“CJRS”) (furlough scheme).
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
Moira Campbell
Bina Patel
Corinne Aldridge
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