Blog
Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
31 May 2023
How should employers respond to complaints of bullying in the workplace?
There is currently no specific legislation in the UK that defines bullying, or provides a comprehensive framework for addressing it. This issue has come into particular focus following the resignation of Dominic Raab, who criticised the inquiry into his behaviours as setting the threshold for bullying “so low” he said it created a dangerous precedent.
31 May 2023
Company investigations: Common traps and how to avoid them
Company investigations are often fraught with issues and there is much to consider. Those in charge are commonly afforded very little time before having to proceed. It therefore pays to be aware of some of the potential pitfalls at the outset.
23 May 2023
Law firms and preventing sexual harassment in the workplace
Despite various regulatory changes, firms can do more to prevent sexual harassment
Sexual harassment in the workplace has attracted growing concern globally over the past five years. The House of Commons Women and Equalities Select Committee (WESC) inquiry in July 2018 triggered a parliamentary debate around the need for stricter duties for employers to prevent unwanted sexual behaviour at work. In parallel, the Solicitors Regulation Authority (SRA) has prioritised tackling sexual misconduct in law firms and recent changes to its Codes of Conduct emphasise the expectation on firms to foster a culture of zero tolerance to counter-inclusive behaviours, including sexual misconduct.
23 May 2023
The senior managers certification regime (SMCR) – fitness and propriety
Under the Senior Managers and Certification Regime (“SMCR”), which was introduced by the Financial Conduct Authority (“FCA”) to seek to remedy perceived industry wide failings following the 2008 financial crash, regulated staff must meet certain standards of fitness and propriety and will be personally accountable to the FCA for any failure to do so.
Firms covered by the SMCR are required to assess, both at the point of recruitment and on an annual basis, whether SMCR staff are fit and proper to perform their role. In the case of senior managers, firms that are covered by the regime must also seek approval from the FCA prior to appointment and in many cases the FCA may wish to closely scrutinise any such application.
23 May 2023
Government plans to limit non-competes – radical change?
On 10 May 2023, the Department for Business and Trade published a policy paper entitled, “Smarter Regulation to Grow the Economy” announcing, among other things, the Government’s intention to limit the period of non-compete provisions in employment contracts to three months.
Two days later, the Government issued its response to the consultation it had launched in December 2020 on proposed measures to reform post-termination non-compete clauses in employment contracts (the consultation had closed on 26 February 2021). That response echoed the earlier announcement and the Government’s intention to introduce a statutory limit of three months on the length of non-compete clauses. This is particularly interesting since the two main options for reform in the consultation were: (1) to make non-compete clauses in employment contracts permissible only where the employer provides consideration for the period of the restraint; or (2) making all post-termination non-compete clauses in employment contracts void and unenforceable. Despite the majority of respondents to the consultation being in favour of the first option, the Government has opted with this alternative approach.
