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Employment Matters

Issue 22: February 2024

Employment Matters

Editor's Note

Daniel Naftalin - Mishcon de Reya

Welcome to the February 2024 edition of Employment Matters: our round-up of the latest developments in employment law and key issues affecting employers and HR professionals.

Read the full note

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The High Court takes a steely look at bonus clawback provisions

The recent case of Steel v Spencer Road LLP (trading as The Omerta Group) provides a helpful reminder of the law relating to the interaction of restraint of trade and bonus clawback provisions, highlighting the difference between an unenforceable restraint of trade and protective provisions within a contractual remuneration package that disincentivise certain behaviour.


Metaverse: Managing workplace behaviours online

Employers increasingly require employees to work and meet in the metaverse. Whilst doing so has its advantages, it also raises a number of HR issues, not least ensuring that staff behaviour in the metaverse remains as professional as in other work environments.

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AI in the workplace: Generative AI

Generative AI is the process of AI algorithms generating or creating an output from user instructions or prompts, based on the datasets they are trained on. This could take the form of, for example, text, images, video, code, data or 3D renderings.

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A company's sponsor licence revocation: a cautionary tale for compliance

A recent case has served as a stark reminder of the importance of complying with sponsorship regulations. In Prestwick Care Ltd & Ors v Secretary of State for the Home Department [2023] EWHC 3193, the High Court upheld the Home Office's decision to revoke a company's sponsor licence. It is relevant to all companies that sponsor overseas workers in the UK.

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