Ashfords' In-House Legal Bulletin - August 2018

Corporate governance – recent reforms

The government has recently enacted legislation requiring larger companies to adopt stronger corporate governance arrangements and improve their engagement with employees, customers, suppliers and other stakeholders. The impact of the reforms varies according to the size of the company concerned.

All companies with more than 250 employees will have to include in their directors’ report a summary of how the directors have engaged with employees and had regard to employee interests, including the effect of that regard on the company’s principal decisions.

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Shared parental leave and enhanced maternity pay: potential for indirect sex discrimination?

Two appeals heard in the Employment Appeal Tribunal (EAT) in the cases of Capita Customer Management Ltd v Ali, and Hextall v Chief Constable of Leicestershire, result in the findings that although it is not direct discrimination to pay Maternity Pay at enhanced rates in comparison to the statutory rate of pay for Shared Parental Leave, it may still amount to indirect discrimination. 

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The value of mediation in resolving commercial disputes

Mediation has now become widely accepted as an effective means of resolving commercial disputes, both amongst the legal profession itself and increasingly amongst clients involved in the litigation process.  The Centre for Effective Dispute Resolution ("CEDR") has recently published its Eighth Mediation Audit (the "Audit"), which pulls together responses from civil and commercial mediators in the United Kingdom on a range of issues from their experience in practice.  

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