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PRACTICE NOTES
This Practice Note provides a guide to the legal obligations on employers in relation to temperature in the workplace, including indoor and outdoor workplaces, the statutory obligations and the Health and Safety Executive (HSE) Approved Code of Practice and guidance. For information on the legal position where extreme or adverse weather, transport disruption or other major incidents prevent employees getting to work, and an overview of the practical steps a business may take, see Practice Note: Adverse weather and travel disruption. The statutory position An employer must ensure, so far as is reasonably practicable, the health, safety and welfare at work of its employees. This is enshrined in section 2 of the Health and Safety at Work etc Act 1974 (HSWA 1974). This core duty extends to the provision of plant and systems of work that are safe and without risks to health, and the provision of such information, instruction, training and supervision as is necessary to ensure the health and safety at work of employees. A failure by the employer to comply with this duty
Q&As
What is the Liquidity Coverage Ratio? The Liquidity Coverage Ratio (LCR) requirement for UK banks, building societies and systemically-important investment firms is set out in the Liquidity (CRR),Liquidity Coverage Ratio (CRR) and Liquidity Coverage Requirement - UK Designated Investment Firms Parts of the Prudential Regulation Authority (PRA) Rulebook. The LCR is designed to ensure that firms maintain an adequate level of high-quality liquid assets (HQLA)—ie assets that can be easily and immediately converted into cash with little or no loss of value—to meet their net liquidity outflows over a 30-day stress period. The LCR must be at least 100%, meaning the value of a firm’s stock of HQLA must be equal to or greater than its total net cash outflows over the 30-day stress period. Detailed rules for valuing liquid assets and calculating net cash outflows are set out in the Liquidity (CRR) Part of
NEWS
This week's edition of Insurance weekly highlights includes: Geopolitical instability tops aviation insurers' concerns; Insurers hike marine premiums due to Iran-Israel war; ABI supports government’s industry strategy; EIOPA launches consultation on revised supervisory review guidelines under Solvency II; EIOPA publishes first supervisory report on biodiversity risk management by insurers; ESAs jointly consult on draft guidelines for ESG stress testing in banking and insurance; IAIS consults on draft Application Paper for insurance sector operational resilience; IAIS publishes application paper on supervision of AI in insurance; IAIS publishes high-level principles for ICS implementation; UNEP PSI publishes first nature-related risk guidance for insurers plus dates for your diary and key recent cases.
PRACTICE NOTES
All employers will have employees who are dissatisfied at some point in time. It is therefore important for employers to have a means of resolving their complaints. A grievance procedure can be an effective tool in resolving disputes and maintaining a happy workforce. What is a grievance? Grievances are described in the Acas Code of Practice on disciplinary and grievance procedures (Acas Code) as concerns, problems or complaints that employees raise with their employers. The non-statutory Acas guidance on Discipline and grievances at work notes that anybody working in an organisation may, at some time, have problems or concerns about their work, working conditions or relationships with colleagues that they wish to talk about with management. They want the grievance to be addressed, and if possible, resolved. It is also clearly in management’s interests to resolve problems before they can develop into major difficulties for all concerned. Issues that may cause grievances include: • terms and conditions of employment • health and safety • work relations • bullying and harassment • new working practices • working environment • organisational change
Q&As
We have two business-to-business documents which may be adapted for these purposes, subject to applicable consumer legislation. The following e-commerce precedent available via Lexis®Library contains a clause on subscription; see: Terms and conditions for a hub aggregator: business to business: Encyclopaedia of Forms and Precedents [2908]. We stress that these agreements are intended for business-to-business situations and not business-to-consumer. Due to the existence of consumer protection legislation,
PRACTICE NOTES
This ‘How to’ guide sets out the steps an employer should consider when dealing with a long-term sickness and absence issue. It considers stress and mental ill health, neurodiversity, the interaction with disability and the duty to make reasonable adjustments, sick pay and capability dismissal. This guide is intended as a practical issue-spotting tool for advisers supporting HR professionals, finance directors and other employer stakeholders dealing with long-term sickness absence. The appropriate approach in any situation, is fact specific and will depend on the employee’s condition, length of absence, prognosis, contractual rights, any potential disability issues, the employer’s policies and benefits, the employer’s operational needs and the evidence available at the time decisions are made. The employer should bear in mind that a well-implemented and conducted absence management procedure should enable a business to uphold expected standards of attendance and performance, while at the same time promoting good employee relations. For information on dealing with long-term absence and chronic sickness issues, see Practice Note: Dealing with long-term or chronic sickness. For general information
NEWS
One complaint was received by the Advertising Standards Authority (ASA) regarding a claim on Visual Stress Consultancy Ltd's website, suggesting that their tinted glasses could help with night driving. ASA upheld the complaint.
NEWS
This week's edition of Financial Services weekly highlights includes: PSR sends Dear CEO letters to tech firms regarding its proposal to publish fraud enabler data; EBA publishes framework for 2025 EU-wide stress test; FSB reports significant progress on global climate disclosure standards implementation; plus dates for your diary over the coming week.
NEWS
Law360, The main themes in 2025 for the insurance and pensions sectors will be consolidation and government priorities for greater investment in the economy—although potential legal and systemic risks loom.
NEWS
Law360: An employment tribunal has ordered a police force to pay a former sergeant more than £1.1m for forcing her to quit when it withdrew permission to run a hobby business that helped her cope with work stress and PTSD.
NEWS
Restructuring & Insolvency analysis: When the Bank of Scotland’s patience was finally exhausted, it exercised its rights under its loan and security documentation, resulting in the Telegraph Media Group being put up for sale. Against a backdrop of more expensive debt, what options might a borrower have when faced with an impending maturity date? And what tools might its lenders seek to use? Written by Matt Padian, partner and Joanna Charter, senior knowledge lawyer at Stevens & Bolton LLP.
NEWS
This week's edition of Insurance weekly highlights includes: AXA XL settles with lessor in US$334m stranded planes claim; Dewji v Prudential International Assurance Plc; RSA v Equitas—application of key clauses in reinsurance policies; FCA urged to act on insurers' low claims acceptance rates; FCA announces end date for Premier Insurance policies; PRA publishes discussion paper on enabling UK life insurers to access alternative life capital; PRA publishes results of Life Insurance Stress Test 2025; Commission Implementing Regulation laying down technical information concerning Solvency II reporting for Q4 2025 reference dates published in the Official Journal; EIOPA submits technical standards on new macroprudential requirements following Solvency II review plus key cases and dates for your diary.