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In Environment

EU Climate ambitions go beyond borders

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On 13 December 2022, a provisional agreement has been reached between the EU Council and the European Parliament on the Carbon Border Adjustment Mechanism (CBAM). This mechanism will be set up to align the price of carbon for EU products covered by the EU Emission Trading Scheme with the price of carbon for imported goods from outside the EU. CBAM will contribute to ensure that the climate efforts of the EU are not undermined by shifting EU production to countries with less ambitious climate ambitions.

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Switzerland: Swiss Federal Supreme Court affirms information exchange with the United States

by , and 8 Mins Read

On 2 November 2022, the Swiss Federal Supreme Court upheld the Swiss Federal Administrative Court’s ruling that information can be exchanged to investigate criminal tax matters pursuant to an information exchange request by a foreign tax authority. However, use of the information exchanged for non-tax enforcement purposes is impermissible.

In ESG

United Kingdom: Governance Bites – Board Composition – Bringing all voices to the boardroom (Webinar)

by and 8 Mins Read

In this edition of the Demystifying ESG Webinar Series, Beatriz Araujo, Senior Counsel, Head of Corporate Governance at Baker McKenzie, Isabel Carty, Senior Associate at Baker McKenzie and Peter O’Byrne, Natura & Co Group IP director and The Body Shop General Counsel discuss diversity and how it can support the board in its role. Peter also shares some exciting initiatives of The Body Shop International Board as they relate to the role of diversity in corporate governance.

In Employment

United Kingdom: COT3 settlement agreement covered claim of helping a subsidiary victimise former employee

by , and 2 Mins Read

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.

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European Union: DAC 8 – Implementation of Crypto-Asset Reporting Framework published

by , and 10 Mins Read

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.

In Employment

United Kingdom: 2022 case law on conflict of belief

by , and 5 Mins Read

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.

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