Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
27 August 2015
Is giving up the annual appraisal process the best way forward?
Mixing regular and longer-term performance management may be more effective.
Accenture and Deloitte are ditching their annual appraisal process because it is time-consuming, cumbersome and because employees want “instant performance management,” according to Accenture chief executive, Pierre Nanterme. Should other employers be following their lead?
7 August 2015
Employers' discretion in misconduct cases: To what extent can decisions be challenged?
A case concerning sewer inspections has led to the Court of Appeal reconsidering the scope of employers’ discretion when dismissing for gross misconduct and causes some concern for employers with stringent health and safety rules.
28 July 2015
Will a death in service case change the way employers are able to exercise their discretion?
To what extent will the Court interfere when an employer is exercising its discretion? Will they do so, only where the employer has acted in bad faith, or irrationally, or where they have breached the implied term of mutual trust and confidence? And if it is to interfere, will the Court focus just on the "outcome" of the decision, or will it also look at the "approach" the employer has taken?
27 July 2015
Legal Update: Is a worker on sick leave entitled to be paid in lieu of unused annual leave when their employment is terminated?
In Plumb v Duncan Print Group Limited the EAT considered whether a worker, who had not requested holiday while absent on sick leave, was entitled to payment in lieu of accrued statutory annual leave when his employment ended.
10 July 2015
FCA issue rules and guidance on bankers remuneration and clawback obligations
On 23 June 2015 the Financial Conduct Authority (FCA) issued their final rules and guidance to implement the proposals set out last year in their Consultation Paper in relation to remuneration. Whilst it is probably fair to say there were no huge surprises, these latest developments in the regulation of remuneration in the financial services sector form another milestone in the transformation of the regulatory regime which has been on-going since the financial crisis. According to the Treasury, Britain now has the toughest rules on bankers’ pay of any major financial centre. However, major questions remain unanswered, and bonus disputes appear inevitable once the new rules are applied in practice.
