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This webinar on 17 January 2023 will explore key questions and examples of the state of play of crypto (or digital) assets across a number of jurisdictions and the tax impact and rules on employee compensation as well as considerations from a wealth management perspective.

The Court of Appeal has confirmed that an Acas-negotiated COT3 settlement agreement covered an individual’s claim that his former employer had knowingly helped a subsidiary unlawfully victimize him when the subsidiary rejected his job application. This situation was covered by the COT3’s express terms settling claims that indirectly arose in connection with his employment.

On 8 December 2022, the European Commission proposed a text amending Directive 2011/16/EU on administrative cooperation in the field of taxation. DAC8 provides, among other things, the following: changes to the existing DAC framework, rules on advance cross-border rulings for high-net-worth individuals, and a crypto-asset reporting framework for competent EU authorities.

2022 has seen further case law on the issue of the potential conflict between expressions of gender-critical beliefs in the workplace and proponents of gender identity. There are currently four main cases in this sphere: Forstater v. CGD Europe; Mackereth v. DWP; Higgs v. Farmor’s School; and Bailey v. Garden Court Chambers and Stonewall. There have been decisions in all four cases during 2022.

On 11 December 2022, Law No. 2759-IX of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Preventing and Countering Mobbing (Hostile Environment)” dated 16 November 2022 came into effect. Among other things, the Law: (i) provides the definition of “mobbing”; (ii) introduces new grounds for dismissal of employees in connection with mobbing; and (iii) guarantees compensation of moral damages for employees who have suffered from mobbing.

In a somewhat surprise move, it appears EU Member States have managed to reach preliminary agreement on a minimum level of taxation for largest corporations, also known as the Pillar 2 Directive. The Committee of Permanent Representatives reached the required unanimous support on 12 December 2022. While it is being reported that Poland has reiterated its previous concerns, we do not expect Poland to use its veto this time. With Hungary lifting its veto, this development may mean that the EU will be the frontrunner in implementation of Pillar 2, requiring EU Member States to transpose the Pillar 2 Directive into domestic laws by the end of 2023.

The H2Global Foundation announced on 8 December 2022 the launch by its wholly-owned subsidiary, HINT.CO GmbH, its first procurement procedure for the import of green ammonia into Europe. This procedure is intended to provide an innovative and efficient funding instrument, backed by EUR 900 million provided by the German Federal Ministry for Economic Affairs and Climate Protection, with further funding planned for 2023. This is the first global tender procedure of its kind. The deadline for application is 7 February 2023.