Blog
Business Development: Playing The Right Card
Leor Franks
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.
10 July 2015
Financial professionals: don’t bank on your bonus
On 23 June 2015, the FCA and PRA issued their final rules and guidance to implement the proposals set out last year in their Consultation Paper in relation to remuneration. These rules mean that Britain now has the toughest rules on bankers’ pay of any major financial centre. The new rules on deferral and clawback will apply to bonus awards for performance periods commencing on or after 1 January 2016, while various other rules and guidance became effective on 1 July 2015.
9 July 2015
Early Conciliation through Acas proves its worth
The year-old conciliatory service from Acas is helping workers avoid costly employment tribunals, with great results.
Early Conciliation is now more than a year old. It’s the scheme by which employees who intend to issue employment tribunal proceedings must first give notice to Acas, (the Advisory, Conciliation and Arbitration Service) so that it has the opportunity of trying to conciliate between the parties.
Before it came in, many derided it as a potential waste of resources and a mere “paper-pushing” exercise. How wrong those naysayers have proved to be.
This article first appeared in The Times in July 2015.