Back in August I wrote this piece All the fun of the fair – new tips Code offers bumpy ride to service-sector employers (UK) about the difficulties inherent in trying to mandate “fairness” by statute. I made reference to the then pending non-statutory guidance to supplement the statutory code on how to distribute gratuities under
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“Day One basic employment rights” – easy for you to say, Angela (UK)
“Unfair dismissal rights from Day One”, said the Labour Manifesto, subject always to a probationary period in which terminations will not be challengeable as unfair provided that employers operate “fair and transparent rules and procedures” to provide what Angela Rayner described as “basic rights”.
We are now told that the probationary period will be six…
What’s the harm? Loss and damages in defamation and malicious falsehood claims
By Peter Lees & Helen Saunders
In the third and final part of our series on defamation claims in an HR context, we look at a recent Supreme Court judgment that shines a light on the often difficult issue of the harm caused – and the damages that may awarded – in defamation and malicious falsehood claims.
Almost all HR Managers…
Sixth Circuit Affirms NLRB’s Expansive Interpretation of Protected Concerted Activity (US)
We first reported in February 2023 on a surprising and alarming decision by the U.S. National Labor Relations Board (NLRB or “the Board”)—In re McLaren Macomb—which concluded that the mere proffer of a severance agreement with broad confidentiality and/or non-disparagement provisions could violate Section 7 of the National Labor Relations Act (NLRA), which protects the…
How low can you go – getting over the bar to workplace protection for your beliefs (UK)
There are a multitude of decided cases concerning employees dismissed for exhibiting unattractive beliefs at work, but rather fewer about those sacked for the mere holding of them. Particularly in view of this summer’s riots, that makes the EAT’s decision this month in Thomas -v- Surrey and Borders Partnership NHS Foundation Trust a timely and…
Where next for the new “right to disconnect”? (UK)
So having made a “right to disconnect” for workers a manifesto promise pre-election, the new government must now do the less glamorous work of turning a political sound-bite into actual law.
Early reports are not promising – they suggest a requirement to agree a code of conduct with your workforce in relation to out-of-hours contact,…
Recent NLRB Actions Reverse Course on Blocking Charges, Voluntary Recognition Bar, Section 9(a) Recognition, and Consent Orders (US)
By Peter Clouse
Over the course of just a few weeks, the National Labor Relations Board (NLRB or Board) continued its ongoing dismantling of long-standing precedent and rollback of Trump-era procedural rules. First, on July 26, 2024, the Board released the “Fair Choice – Employee Voice” Final Rule, reversing three amendments the Board made in April 2020 to…
FTC Non-Compete Ban Set Aside Nationwide (US)
On August 20, 2024, a Texas federal judge permanently barred the implementation of a controversial Federal Trade Commission (FTC) regulation that would have invalidated tens of millions of existing non-compete agreements and precluded the adoption of new covenants. The decision comes as a tremendous relief to employers that feared the FTC’s regulation would have made…
Illinois Enacts New AI Legislation, Joining Colorado as the Only States Regulating Algorithmic Discrimination in Private Sector Use of AI Systems (US)
As we have previously reported about (here and here), 2024 has been a historic year in the United States for state legislation aimed at protecting employees from harm arising out of the use of artificial intelligence (“AI”) systems. In May, Colorado passed the first US law addressing algorithmic discrimination in private sector use…
Illinois Bans Mandatory Captive Audience Meetings with Employees (US)
Illinois joins a growing list of states prohibiting employers from requiring employees to attend meetings discussing union representation issues.
Here’s the scene: President Truman is seeking reelection, and Miracle on 34th Street just snagged three Academy Awards. The Minneapolis Lakers are celebrating their win in the National Basketball League championship (in the team’s inaugural season,…