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Editor's note

Posted on 7 November 2023

Daniel Naftalin - Mishcon de Reya

Welcome to the November 2023 edition of Employment Matters: our round-up of the latest developments in employment law and key issues affecting employers and HR professionals.

We begin with a spotlight on incentives. I am delighted to announce that Liz Hunter has joined our Incentives team as a Non-Lawyer Partner. Liz has over 20 years' experience as a specialist in equity reward and employee incentive plans, and I have no doubt that her abundant expertise and enthusiasm will further bolster our offering in those areas. True to form, Liz has already penned two articles in the short time she has been with us. In the first, she sets out the types of incentives and reward arrangements available to employers to help foster brand loyalty among employees. In the second, she discusses the Supreme Court's recent judgment on whether shares and share options should be taxed as employment income earnings, a decision of key importance for all those who hold such awards.  

Moving away from incentives, there was a second landmark judgment of the Supreme Court, this time relating to holiday pay, and we discuss its implications for employers. We also continue to explore the ever-changing interface between emerging technologies and employment law - our AI specialist, Daniel Gray, explains risks and best practice in relation to so-called "generative AI", the most well-known example of which is ChatGPT. And last month, we staged a "mock" employment tribunal trial which centred on alleged sexual harassment between two avatars in the metaverse. It was a fascinating and very well-attended evening. You can watch a highlights reel from the event, and we invite you to download a copy of our "Metaverse Policy" which, so we understand, is among the first of its kind.

Finally, we have an event coming up before Christmas. We are hosting a training event on the key legal developments from the last 12 months for employment lawyers and HR professionals who have recently returned to work from family leave. Details of how to register are below.

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