Forbes Solicitors
July 2019  Employment eNews

Covertly Recording Meetings

 

Further criticism of the use of NDAs in discrimination cases

 

The Pitfalls of Retrospectively Amending the Terms of Pension Schemes


 

Covertly Recording Meetings

A common question that is often asked by employers is what can I do if my employee has covertly recorded a meeting.

Only a few years ago employees would have to be very motivated to covertly record meetings and it was not uncommon to find employees producing devices James Bond would be envious of, such as recording devices hidden in pens, but now with modern technology and the easy availability of recording devices on phones, this is more and more of an issue.

 

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Further criticism of the use of NDAs in discrimination cases

The House of Commons Women and Equalities Committee published its report into "The use of non-disclosure agreements in discrimination cases" last month.

The Committee launched an inquiry following the concern surrounding non-disclosure agreements ("NDAs") in the wake of the #MeToo movement, which brought to the forefront of the international consciousness the conflicting understanding of the perceived and true reality of workplace environments for many women.

 

Grand Chamber of the CJEU rules that working time must be recorded under EU law

In Federación de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE earlier this month, the Grand Chamber of the European Court of Justice ("CJEU") decided that in order to ensure compliance with obligations under European Law, employers must keep records of hours worked by employees.

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The Pitfalls of Retrospectively Amending the Terms of Pension Schemes

In the recent case of BIC U.K. Limited v. Burgess [2019] EWCA Civ 806 ("BIC"), the Court of Appeal offered further clarity on the ability to retrospectively amend pension scheme rules. The Court of Appeal overturned the previous High Court decision finding that increases to pensions in payment in this instance had not been validly introduced.

Under many pension schemes, the rules expressly allow for retrospective amendment. However, in the absence of an express power, it is necessary to demonstrate the existence of an implied power if retrospective amendments are to be permitted. Any argument for the existence of a power must be constructed from the terms of the trust deed and rules, taking any restrictions on amendments into account.

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The content of this e-alert is merely informative and should not be relied upon as a substitute for legal advice