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Further welcome news from the FCA – this time on co-manufacturing
Following on from our earlier blog, our review of the FCA's 'Discussion Paper' (DP24/1) continues, this time considering the rules relating to co-manufacturers of insurance products.
Read morePotential deregulation and a pragmatic approach to commercial insurance – welcome news from the FCA
The FCA has published a 'Discussion Paper' (DP24/1) seeking feedback on its rules on commercial insurance including in respect of the types of commercial customers in-scope, co-manufacturing of products and bespoke insurance products.
Read moreNew Labour government – what is in store for the UK?
We have a new Labour Party government for the first time in 14 years. The new government has already made various announcements, with more set to follow in the coming days, and then we have the King’s Speech on 17 July, when the Labour Party will set out its opening legislative agenda – but what can we expect from the new government impacting services regulated by the Financial Conduct Authority, pensions and accountants?
Read moreIs the FCA to blame for BSPS? MPs seem to think so
The House of Commons Public Accounts Committee (PAC) yesterday published a report entitled "Investigation into the British Steel Pension Scheme". The report makes a number of recommendations in light of its investigations in to the FCA's conduct and regulatory oversight at the time of the issues arising from the British Steel Pension Scheme (BSPS) and in particular the decision by 7,834 members to transfer to a personal pension arrangement. The report is heavily critical of the FCA's handling of BSPS and its regulatory oversight of the defined benefit transfer market generally. Given the request in the report for an update from the FCA on its progress on the various recommendations and conclusions in 6 months' time, we wait to see how the FCA reacts to yet further criticism of its handling of BSPS at a time when it is reviewing responses to the consumer redress scheme consultation.
Read moreSIPPs and FOS - does the Rowanmoor decision change anything?
Last week FOS published a decision it reached last year in a complaint against a SIPP provider involving advised sales. The FOS upheld the complaint, finding that the SIPP provider should have rejected business from the regulated financial adviser, CIB Life and Pensions Limited (CIB), given, broadly, red flags available to the SIPP provider with respect to the operation of CIB's business model including that CIB was not advising on the ultimate investment within the SIPP and as a result such introductions involved a significant risk of consumer detriment. The decision has received quite a bit of press attention - but has it moved the dial for SIPP complaints before FOS or not?
Read moreThe Future of Insolvency Regulation
On 21 December 2021 the Government launched a consultation into the future of insolvency regulation. The changes proposed in the consultation document will have a wide ranging impact on the insolvency profession (and its insurers) with the proposals including: the direct regulation of insolvency firms, the introduction of a single regulatory body with powers to order compensation against insolvency practitioners and firms, a new additional requirements regime, changes to the bond regime and a public register of insolvency practitioners and firms. Many of the changes proposed require primary legislation and so it may be some time before the changes to take effect (if adopted). But there does appear to be some wind behind these proposals given they follow on from the Call for Evidence in 2019 and a more general focus on insolvency issues in the wake of the Covid-19 pandemic.
Read moreCAT Collective Proceedings - Summer 2024 update
Developments in the UK’s competition collective proceedings regime continue apace with new claims recently issued in the Competition Appeal Tribunal (CAT).
Read moreThe CAT's new approach: I can't afford a carriage (dispute)
Since the collective proceedings regime in the UK's Competition Appeal Tribunal (CAT) kicked off, a number of carriage disputes have arisen. So-called 'carriage disputes' arise when there are two or more competing proposed class representatives (PCRs) seeking certification (and therefore 'carriage') of overlapping class actions.
Read moreStamp duty land tax (SDLT) avoidance and corporate property deals – the importance of timing!
The First-Tier Tribunal has, in a recent decision, caused something of a stir for clients and advisors familiar with the well-trodden (and, usually, tax-efficient) use of offshore unit trusts to hold UK property.
Read moreA matter of interpretation – the Supreme Court look at contractual interpretation once more
In their recent Judgment in Sara & Hossein Asset Holdings Ltd (a company incorporated in the British Virgin Islands) v Blacks Outdoor Retails Ltd [2023] UKSC 2 the Supreme Court adopted a commercially balanced interpretation of a lease; rejecting the overly textual approach of the Court of Appeal in favour of reading the relevant clause in the context of the lease as a whole.
Read moreThe Work Couch: Bonus Live episode: Exploring the cost of untapped talent, with Tskenya-Sarah Frazer, Trevor Sterling and Mark Ash
Welcome to The Work Couch, the podcast where we discuss all things employment.
Read moreSupporting and retaining Gen Z talent (Part 2): Work-life balance, communication and wellbeing, with Rose Sellman-Leava and Laura Verrecchia
Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.
Read moreThe Work Couch: Supporting and retaining Gen Z talent (Part 1): Myths and opportunities, with Rose Sellman-Leava and Laura Verrecchia
Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.
Read moreThe Work Couch: AI (Part 3): The role of emotional intelligence and AI's impact on wellbeing, with Jake Wall and Patrick Brodie
Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.
Read moreThe Work Couch: AI (Part 2): Privacy, bias, and discrimination
Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.
Read moreAI (Part 1): Impact on litigation, responsible use and the regulatory landscape
Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.
Read moreThe Work Couch: Mental health at work (Part 4): Mental health first aid, with Simon Blake OBE
We are marking Mental health awareness week this month by devoting a four-part mini-series to mental health at work. In our concluding episode this week, Ellie is joined by Simon Blake OBE, Chief Executive at Mental Health First Aid England to explain the role of mental health first aid in the workplace.
Read moreThe Work Couch: Mental health at work (Part 3): Protecting your employees' digital wellbeing, with Alice Hendy MBE
We are marking Mental health awareness week this month by devoting a four-part mini-series to mental health at work. This week, in part 3, Ellie is joined by Alice Hendy MBE, CEO and founder of charity R;pple Suicide Prevention to explain how employers can protect their employees' digital wellbeing.
Read moreThe Work Couch: Mental health at work (Part 2): Implementing effective mental wellbeing measures, with Neil Laybourn
To mark Mental health awareness week this month, we are devoting a four-part mini-series to mental health at work. In part 2, Ellie is joined by the other key person from the incredible "Stranger on the bridge" story, Neil Laybourn, who on that fateful day in January 2008, stopped to talk to Jonny Benjamin, who was about to take his own life on Waterloo Bridge.
Read moreThe Work Couch: Mental health at work (Part 1): Turning despair into hope, with Jonny Benjamin MBE
Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.
Read moreGovernment "crackdown" on "gagging clauses" is not new, but an important reminder
The use of confidentiality clauses and non-disclosure agreements (NDAs) by employers, whether as standalone agreements, or forming terms within employment contracts, settlement agreements, or COT3 agreements, has been subject to considerable scrutiny in the UK in recent years - despite existing professional obligations on UK regulated lawyers not to advance all-encompassing, unlimited NDAs.
Read moreThe Work Couch: Whistleblowing (Part 3): 5 key challenges for employers in 2024
Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.
Read moreThe Work Couch - Addiction at work: Disciplinary or wellbeing issue?
Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.
Read moreWhistleblowing (Part 2): How to approach whistleblowing complaints
In part 2 of our mini-series on whistleblowing, Ellie Gelder is joined by Sybille Raphael, legal director at whistleblowing charity Protect, to explain how employers can approach whistleblowing complaints proactively and effectively.
Read moreNavigating the impact of AI on work: challenges, opportunities, and the human touch
The fear of job losses because of technology and automation, including artificial intelligence, has been with us since the 1960s. For some time, academics have predicted the decline of routine, rules-based and process-driven roles.
Read moreThe Work Couch: Exploring the cost of untapped talent: Social mobility
Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.
Read moreThe Work Couch: Social washing: Avoiding the pitfalls
Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.
Read moreWhistleblowing (Part 1): A whistlestop tour of the law
Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.
Read moreThe Work Couch: Trans inclusion at work: how to be a good ally
Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.
Read moreThe Work Couch: What's on the horizon for employment law in 2024?
Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.
Read moreThe Work Couch: 12 days of Christmas - A look back at 12 key employment law developments from 2023
Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.
Read moreReforms to working time record-keeping, holiday pay and entitlement, and TUPE consultation
The government has issued its response to the consultation on reforms to retained EU employment law proposed earlier this year.
Read moreThe Work Couch: Pregnancy loss and work (Part 2): How to support your people effectively
Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.
Read moreThe Work Couch: Performance issues in a redundancy situation
Welcome to our recently launched podcast, The Work Couch. In this series, we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.
Read moreThe Work Couch: Bereavement at work
Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.
Read moreThe Work Couch: Reforms to employment rights for parents and carers: Where are we now?
Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.
Read moreThe Work Couch: Fertility challenges and work (Part 2): How to support your people
Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.
Read moreFertility challenges and work (Part 1): A partner's perspective
Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.
Read moreThe Work Couch: Business protection (Part 2): Supporting and retaining senior talent
Read moreAn introduction to TUPE (Part 2): The TUPE journey
Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.
Read moreThe Work Couch: Pregnancy loss and work (Part 1): Does the law reflect expected work cultures?
Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.
Read moreThe Work Couch: Sexual harassment in a post #MeToo era – (Part 2) with Macaela Joyes
Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.
Read moreThe Work Couch: Business protection (Part 1): When a senior executive leaves
Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.
Read moreSenior executive leaving? Six steps to protect your business
When an executive or key strategic employee departs your organisation, protecting your organisation's business interests is paramount.
Read moreTips On Implementing Menopause Support Policies At Work
The conversation around menopause and its associated challenges is undoubtedly becoming more open and frequent, with people in the public eye speaking out about their experiences and urging women and others experiencing menopause to seek support and treatment.
Read moreThe Mandatory Reference Checking Scheme – Part 1: Employees' rights and entitlements
Following up on our previous article on the obligations of authorized institutions ("AI") as Recruiting AIs and Reference Providing AIs under the Mandatory Reference Checking Scheme (the "MRC Scheme"), this article shifts the focus onto the rights of a prospective employee under the MRC Scheme.
Read moreThe Work Couch: Flexible Working
Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.
Read morePhase 1 of the Mandatory Reference Checking Scheme: What should employers look out for?
On 5 May 2022, the Hong Kong Monetary Authority ("HKMA") announced the implementation of the Mandatory Reference Checking Scheme (the "MRC Scheme") (including the guidelines) issued by the Hong Kong Association of Banks and the DTC Association (the "Guidelines").
Read moreThe Work Couch: Preventing sexual harassment post-#MeToo (Part 1): How do UK and Australian laws compare?
Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.
Read moreRepeal of provisions relating to COVID-19 vaccination under the Employment Ordinance
The Labour Department announced on 12 April 2023 that the provisions under the Employment Ordinance ("EO") relating to a legitimate COVID-19 vaccination request (the "Vaccination Provisions") will be repealed with effect on 16 June 2023, one year after they first came into effect on 17 June 2022.
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