Welcome to Allen & Overy’s Employment Talk blog, sharing with you our views and insights into the latest trends, risks and developments with HR boardroom issues and employment law and practice.

Diversity goes mainstream

Sheila Fahy

Who’d have dreamt it? And the Oscar for the Best Film and the Best Director goes to ….. Yes, Hollywood have awarded the highest accolade to a South Korean, subtitled, film called Parasite, directed by Bong Joon-ho. This is the first time in the Oscars’ 92-year history that a foreign language film has scooped the Read More

IR35 – strategies for dealing with it

Rachel Reeves

IR35 might as well stand for ‘Interchangeable Risk‘ because effectively that is what the legislation scheduled to come into force in April 2020 will create – a means of shifting liability for PAYE from one party in the supply chain to another. The risk of liability for PAYE tax and NICs deductions will shift from Read More

#MeToo – why education is more effective than legislation

Rachel Reeves

It is astonishing that, two years on from the inception of the #MeToo movement, the headlines are as prevalent as ever. This past week has seen discussion about one employer using flyers in local pubs and cafes in the vicinity of its office encouraging staff to speak up and report inappropriate conduct. Last month saw Read More

The “ABC test” for determining whether a gig worker is an employee or a contractor under California law

David Golubock

Whether it’s the Uber or Lyft driver who gives us a ride home from the office, the bicycle messenger delivering our meal ordered online from Seamless, or the movers we’ve hired on TaskRabbit, anyone living in a major urban center has likely interacted with “gig workers.” These independent, short-term contractors often receive low pay and Read More

What a man, what a man, what a mighty good man….

Nicola Bartholomew

There’s a day for everything now: National Pizza Day, International Talk Like a Pirate Day (apparently) and there is even a day for men. Yes. It may surprise you to know that today is International Men’s Day and, perhaps even more surprisingly, it has actually been celebrated for over two decades. Now, my Mum would Read More

Can inappropriate Whatsapp messages be used to justify termination and treat shareholders as bad leavers?

Sheila Fahy

The short answer is yes, but not in the particular circumstances of this case, Wells and Solari v Cathay Investments and PNC Global Logistics. In this case, the High Court assessed the extent to which a number of incidents of misconduct including obscene WhatsApp messages could be used to justify dismissal for gross misconduct, thereby Read More

Increased workers’ rights in the United States?

Brian Jebb

In the U.S., labor laws give employers a substantial amount of flexibility and American employers look at some of the European laws giving individual workers and works’ councils substantial power with concern. Now we are less than one year away from a federal election, could the tide be turning? Some of the policy proposals from Read More