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The UK’s political upheaval and fiscal policy changes are much-publicized. But where do we stand on recently proposed changes to employment law as Rishi Sunak starts his premiership? One of the Truss government’s tax proposals – repealing IR35 changes – might have had a significant effect on contractor workforce planning. However, this was abandoned and the current IR35 rules will remain. Conversely, for the time being, the government is pursuing its plans to limit the disruption caused by strike action in the transport sector. Similarly, the removal of the cap on bankers’ bonuses is still on the agenda. Also on the horizon is the potentially ground-changing proposal to scrap all retained EU law, which in theory could include TUPE.

Welcome to In Focus, Baker McKenzie’s Labour and Employment video chat series for Canadian employers. In each on-demand episode, our lawyers provide insights and quick, practical tips on today’s most pressing issues and legal developments impacting employers operating in Canada.

Modern slavery is an umbrella term for practices which share a common element of force or coercion. The International Labor Organization estimated that, globally, 40.3 million people were working in conditions which could be described as modern slavery in 2016. As a result of the increasingly international reach of modern slavery legislation, many companies with global footprints are modifying their organization to ensure compliance across their business, for example by preparing modern slavery statements which tick off compliance requirements in several jurisdictions. Legislative change is expected in the UK, Canada, and under the EU’s proposed Corporate Sustainability Due Diligence directive.

Companies are turning to artificial intelligence to assist in recruiting and hiring the best talent in this tight labor market. However, there’s substantial corporate oversight in assessing AI threats, while agencies like the Equal Employment Opportunity Commission in the US are closely examining AI for potential bias and other harms. In this Quick Chat video Paul Evans and Brad Newman welcome Stephen Malone of Fox Corporation to discuss blind spots in using AI in recruitment and hiring, and share to practical tips to help employers alleviate these issues. Join us to continue the discussion in-person at Baker McKenzie’s event, A Conversation with Special Guest Speaker EEOC Commissioner Keith Sonderling, taking place 27 October in Palo Alto.

Through The Employer Report blog, our lawyers provide legal updates and practical insights to help clients understand, prepare for and respond to the latest domestic and cross-border Labor and Employment issues affecting US and multinational employers. The latest posts in the series, “Beware what you post: increased DOJ investigations target unintentional discrimination in external job postings”, and ” Salary and pay range disclosures: California calls “next””, focus on discrimination in job postings and pay disclosures.

In recent months, discussions have been ongoing regarding the so-called “labor deal” in Belgium, which will entail various changes to Belgian employment law. Can employees insist on a four-day working week? Are employees entitled to a “right to disconnect” after working hours? On Thursday 29 September 2022, the federal parliament officially approved the draft law implementing the labor deal (thereby addressing such questions).

The Code of Practice: Chief Executives’ and Board of Directors’ Workplace Safety and Health Duties will, when gazetted in October 2022, apply to all directors and equivalent officers involved in policy making and executive decisions for business affairs of companies in all industries, even for companies which have no manual work and little risk of physical injury.

The European Whistleblowing Directive was to be implemented by the European Union’s 27 member states by no later than 17 December 2021, impacting employers with operations in those jurisdictions. Member states are still passing their implementing legislation, meaning employers are facing a period of intense activity as they adapt to changes in legislation across the region.

The Constitutional Court in South Africa recently clarified the application of the doctrine of common purpose in the employment law context. The Constitutional Court answered the question as to whether an employer may apply the doctrine of common purpose to dismiss employees for misconduct where the employees were spectators to a violent assault during an unprotected strike. This decision has implications for employers who intend to dismiss employees for these reasons.