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Articles by Tim Leaver
Guide 7: Mediating Employment And Workplace Disputes
KL Herbert Smith Freehills Kramer LLP More Herbert Smith Freehills Kramer is a world-leading global law firm, where our ambition is to help you achieve your goals. Exceptional client service and the pursuit of excellence are at our core. We invest in and care about our client relationships, which is why so many are longstanding. We enjoy breaking new ground, as we have for over 170 years. As a fully integrated transatlantic and transpacific firm, we are where you need us to be.
Employment Espresso Pods (Podcast)
Herbert Smith Freehills Kramer LLP are most popular: within Employment and HR, Transport, Media, Telecoms, IT and Entertainment topic(s) with Senior Company Executives, HR and Inhouse Counsel in European Union In this second part of our podcast on the Employment Rights Act 2025 reforms coming into force in April 2026, Jenny Andrews and Sian McKinley, both Of Counsel, together with Knowledge Counsel Anna Henderson, discuss the coming changes to collective redundancy protective awards and the...
Herbert Smith Freehills Kramer advises ClearScore on its acquisition of Acre Platforms
Leading global law firm Herbert Smith Freehills Kramer has advised ClearScore, one of the UK's leading fintech companies, on its acquisition of Acre Platforms, the UK’s leading mortgage brokerage tech platform. The acquisition will form part of ClearScore's diversification into further strategic markets as it looks to expand its footprint in the mortgage provision market.
Herbert Smith Freehills Kramer celebrates success at International Employment Lawyer Awards 2025
Herbert Smith Freehills Kramer’s employment practice has been recognised at the International Employment Lawyer (IEL) Awards 2025, securing awards reflecting the team’s performance, innovation, and commitment to excellence.
UK: Employment Rights Bill published, but most reforms not expected before 2026
As promised, the Labour Government published its Employment Rights Bill last Thursday (10 October), within the first 100 days of its administration. This fleshes out some of the details of the reforms included in the 'Plan to Make Work Pay' published prior to the election and confirmed in the King's Speech, although much remains to be specified in regulations and subject to consultation. The second reading of the Bill in the Commons will be on 21 October 2024.
Employment Espresso Pods: Looking Ahead: Part 3 – Potential Employment Law Proposals From The Labour Party (Podcast) - Employee Rights/ Labour Relations - UK
In the third and final part of our look ahead to potential employment law proposals should the Labour Party secure a win at the next General Election, Partner Tim Leaver, together with Consultant Peter Frost and Senior Associate Sian McKinley, continue to explore the key employment-related proposals put forward by the Labour Party in its Green Paper last year and the recent party conference, with a focus on Labour's proposed Fair Pay Agreement revolution and how employers' responsible and...
Employment Espresso Pods: Looking Ahead: Part 2 – Potential Employment Law Proposals From The Labour Party (Podcast) - Employee Rights/ Labour Relations - UK
In the second part of our look ahead to potential employment law proposals should the Labour Party secure a win at the next General Election, Partner Tim Leaver, together with Consultant Peter Frost and Senior Associate Sian McKinley, continue to explore the key employment-related proposals put forward by the Labour Party in its Green Paper last year and the recent party conference, with a focus in this episode on potential changes for individuals.
D&I in the UK financial sector - driving change
The FCA has proposals for a new regulatory framework in respect of diversity & inclusion in the financial sector (FCA CP23/20). The PRA has also its own proposals (PRA CP18/23) for PRA-regulated firms (together, the “Consultations“). The FCA and PRA argue that greater diversity and more inclusion can improve outcomes for consumers and markets, support prudent decision-making and lead to better risk management by reducing groupthink.
Diversity And Inclusion In The UK Financial Sector – Driving Change - Diversity, Equity & Inclusion - UK
In the next step in its drive to boost diversity and inclusion (D&I) in regulated firms, the Financial Conduct Authority (FCA) Consultation Paper 23/20 at the end of September setting out its proposals on new regulatory framework in respect of D&I in the financial sector (FCA CP). At the same time, the Prudential Regulation Authority (PRA) its own proposals (PRA CP18/23) for PRA-regulated firms (together, the Consultations).
Diversity and inclusion in the UK financial sector - driving change
In the next step in its drive to boost diversity and inclusion (D&I) in regulated firms, the Financial Conduct Authority (FCA) Consultation Paper 23/20 at the end of September setting out its proposals on new regulatory framework in respect of D&I in the financial sector (FCA CP). At the same time, the Prudential Regulation Authority (PRA) its own proposals (PRA CP18/23) for PRA-regulated firms (together, the Consultations).
Employment Espresso Pods: Labour's Proposals: Part 1 (Podcast)
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How Employers Can Support Neurodiversity In The Workplace
ADVERTISEMENT Don't want ads? Subscribe or login now. By Anna Henderson and Tim Leaver (October 13, 2023, 1:34 PM BST) -- A run of employment cases this summer has highlighted a pressing need for employers to add neurodiversity to their list of topics for staff and manager training.... A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence.
Anti-Suit Injunction Granted To Protect English-domiciled Employee's Right To Be Sued Only In English Court And Prevent US Employer Suing In New York
The English High Court has granted an anti-suit injunction to prevent a US employer continuing New York proceedings against an English-domiciled employee in a dispute about entitlement to bonus payments: Gagliardi v Evolution Capital Management LLC [2023] EWHC 1608 (Comm). The decision shows that an English court will ordinarily grant an anti-suit injunction to protect a UK-domiciled employee's right to be sued by their employer only in the UK, regardless of where the employer is domiciled.
Anti-suit injunction granted to protect English-domiciled employee’s right to be sued only in English court and prevent US employer suing in New York
The English High Court has granted an anti-suit injunction to prevent a US employer continuing New York proceedings against an English-domiciled employee in a dispute about entitlement to bonus payments: Gagliardi v Evolution Capital Management LLC [2023] EWHC 1608 (Comm). The decision shows that an English court will ordinarily grant an anti-suit injunction to protect a UK-domiciled employee’s right to be sued by their employer only in the UK, regardless of where the employer is domiciled.
Real Estate Ep9: TUPE 101 For The Real Estate Sector
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (or TUPE Regulations as they are more commonly known) will most likely be familiar if you have been involved in a real estate transaction that involves the transfer of a business or service provider.
Employment Espresso Pods: Endometriosis Awareness Month (Podcast)
UK: Employment Espresso Pods: Endometriosis Awareness Month (Podcast) 01 April 2022 by Tim Leaver and Sian Greenley Herbert Smith Freehills In this podcast Employment Partner, Tim Leaver and Associate, Sian Greenley discuss the impact of endometriosis on the workforce to mark endometriosis awareness month. Endometriosis is a chronic condition that affects around 1 in 10 individuals assigned female at birth.
Easier Said Than Done – Implications For Employers Of UK Government's Living With Covid Plan - Employment and HR - UK
UK: Easier Said Than Done – Implications For Employers Of UK Government's Living With Covid Plan 28 February 2022 by Tim Leaver , Anna Henderson and David Bennett Herbert Smith Freehills To print this article, all you need is to be registered or login on Mondaq.com.
Guide to deploying analytics to fight employee misconduct
Article by: Tim Leaver and Tess Lumsdaine - Herbert Smith Freehills | Published: 6 September 2020 Tim Leaver and Tess Lumsdaine - Herbert Smith Freehills 6 September 2020 With predictive policing and crime forecasting gaining attention it is not surprising that businesses are increasingly considering how to deploy analytics in their fight against employee misconduct.
COVID-19 Briefing: People- Coronavirus Job Retention Scheme | Lexology
HMRC announced a Coronavirus Job Retention Scheme ("CJRS") on 20 March 2020 and today the CJRS has gone live. Guidance published on 26 March has been most recently updated on 20 April and is available here; parts of earlier versions are now in a new guide on calculating claims here (together referred to below as the "Guidance") first published on 17 April along with a new Step-by-step guide on making a claim.
COVID-19 Resources For Employers And Sick Pay Changes
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Round-up of UK employment law developments May to June 2018 | Lexology
1. Whistleblowing: a protected disclosure must include specific facts, but these can be deduced from the context of an allegation Workers may be entitled to whistleblower protection in broader circumstances than employers expect. It is clear that specific facts must be conveyed (which the worker reasonably believes tend to show one of six specified types of wrongdoing).
UK: Sex discrimination - Fawcett Society’s reform proposals
The Fawcett Society has published its Sex Discrimination Law Review, calling for: restrictions on the use of ministerial powers conferred by the European Union (Withdrawal) Bill 2017-2019 to prevent substantive changes to UK employment law and other equality and human rights legislation, including via the introduction of new opt-outs for small businesses civil penalties for non-compliance with gender pay gap reporting obligations, and the extension of the duty to cover the age, disability,...
UK: Working time rest breaks - compensatory rest must be one continuous period
Employers in certain sectors can rely on the exemption from the ordinary rest break requirements in the Working Time Regulations (or 20 minutes for every 6 hours worked) as long as they provide equivalent compensatory rest. The EAT has confirmed that, in the same way as for ordinary rest breaks, compensatory rest breaks must be a continuous uninterrupted period of at least 20 minutes and cannot be satisfied by a number of shorter breaks totalling more than 20 minutes.
UK: Collective bargaining - no obligation on ‘de facto’ employer; risks of direct negotiation with employees
In Independent Workers Union of Great Britain v University of London the Central Arbitration Committee has decided that a union representing employees of an outsourcing company was not entitled to collectively bargain directly with the university to whom their services were supplied.
UK: Court of Appeal reinstates burden of proof for discrimination claims
The Court of Appeal has held that the EAT ruling in Efobi v Royal Mail Group (that it is not incumbent on the claimant in a discrimination claim to prove a prima facie case, summarised in our blog post here) is wrong. The claimant does have the initial burden of showing a prima facie case of less favourable treatment before the burden shifts to the respondent to provide a non-discriminatory explanation.
UK: gig economy developments, including important ECJ ruling on holiday pay, Uber and Deliveroo rulings on worker status, and delay to government proposals - Lexology
The ECJ has agreed with the Advocate-General’s opinion in King v Sash Windows that workers denied paid holiday can carry over their 4 weeks’ statutory holiday entitlement indefinitely and be paid in lieu of the entire accrued untaken entitlement on termination. The ruling has significant financial implications for employers with staff potentially mis-categorised as self-employed, particularly where they have a stable and long-serving workforce.
UK: fairness of whistleblowing dismissal depended on knowledge of decision-maker, notwithstanding manipulation by line manager
The Court of Appeal has overturned the EAT ruling in Royal Mail v Jhuti, although a further appeal has been filed. The EAT had ruled that the reason for a dismissal can be the employee’s whistleblowing, even where the decision-maker is unaware of this, if their decision has been manipulated by a manager aware of the protected disclosure and motivated by a desire for retribution.
UK: proposed reforms to fitness for work, statutory sick pay and mental health protections
An independent review of mental health at work, commissioned by the Prime Minister, has been published. The Stevenson/Farmer review calls on employers to adopt six mental health core standards covering mental health at work plans, employee awareness and open communication, healthy work life balance, effective people management, and monitoring of mental health and wellbeing.
UK: ECJ ruling on breastfeeding risk assessments, Acas pregnancy/maternity guidance, and bereavement leave bill
In the Spanish case Ramos v Servicio Galego de Saude, the ECJ has ruled that it is insufficient for an employer to carry out only a general risk assessment where a breastfeeding worker’s role poses a potential risk to the mother or child from exposure to certain listed agents, processes or working conditions (such as biological or chemical agents, extreme temperatures, shocks, noise etc).
UK: worrying High Court data protection ruling imposing vicarious liability on employers
A recent High court decision (subject to appeal) has ruled that an employer can be vicariously liable for an employee’s misuse of data even where it has done as much as reasonably possible to prevent the misuse and where the misuse of data is intended to cause reputational or financial damage to the employer. The case concerned a claim brought by 5,500 employees for distress-based damages against Morrisons in relation to the leak of payroll data by a rogue employee.
UK: board diversity reports and executive search firm code
The Parker Review Committee has published its final report into the ethnic diversity of UK boards. The final recommendations are substantively the same as those published in a 2016 consultation draft. The final report recommends that there should be at least one director of colour on each FTSE 100 board by 2021 and each FTSE 250 board by 2024.
UK: dismissal for failure to produce right to work documents could be unfair
The EAT decision in Baker v Abellio London UK serves as a reminder that it is not a statutory requirement for an employer to obtain right to work documents from its employees (the production of such documents only provides a defence to employers should they engage an illegal worker), and therefore dismissal of an employee due to his failure to produce the documents cannot be a fair dismissal for breach of an enactment.
UK: Corporate governance - Government response to consultations on reform proposals
The Department for Business, Energy and Industrial Strategy has published its response paper on UK corporate governance reform, following on from the green paper which it published in November 2016. The key proposals cover reporting on pay ratios, a public register of shareholder opposition on pay, enhanced reporting on stakeholder issues, and options for employee engagement mechanisms.
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