With the advent of the Senior Managers and Certification Regimes soon upon us, the Financial Conduct Authority (FCA) has issued a policy statement that sets out the final rules for the application of the new accountability framework for individuals working in the UK branches of overseas banks (incoming branches). Accordingly the position in relation to the application of the Senior Managers Regime (SMR), Certification Regime (CR) and Conduct Rules to incoming branches and their staff is now clear.
17th December 2015
The recent case of Pnaiser v NHS England and Coventry City Council highlights the dangers for employers of deviating from agreed written references and giving additional, but contradictory, verbal comments on a former employee. The Employment Appeal Tribunal’s (“EAT”) decision also makes it clear that potential new employers should be wary of revoking any offer of employment if there is a suggestion that a verbal reference may be influenced by discrimination.
Case update: Associated employers, continuous employment and the importance of being transparent with the Employment Tribunal
16th December 2015
In the case of Schwarzenbach t/a Thames-side Court Estate v Mr D Jones the employee proved that his two most recent employers were “associated employers” and therefore, taking into account the two periods of successive employment, he had the requisite period of continuous employment to bring an unfair dismissal claim.
20th November 2015
Lord Davies’ five year review into improving the gender balance on British boards has now reached completion, with his end of year summary published on 29 October 2015. The results are in, and in the words of the report itself “Reaching the 25% target for the FTSE 100 is a significant achievement and major milestone in our longer journey to improving the gender balance at the top of British business”.
20th November 2015
In Secretary of State for Justice v Lown, the Employment Appeal Tribunal (the “EAT”), in overturning the first instance decision that Mr Lown had been unfairly dismissed, issued a reminder as to the proper procedural approach Tribunals should adopt when considering unfair dismissal on grounds of misconduct claims.