The Linklaters Podcast

Spotlight on the Fair Work Agency // Employment & Incentives

Episode 3: Introducing the Employment Rights Act 2025

Speakers: Nick Marshall, Avani Agarwal, Hayley Tennant

A major shift in the enforcement of employment rights is on its way with the creation of the new Fair Work Agency. 

In our podcast, we unpick the key aspects of the new body, including:

• Employment rights and protections within its remit. Not only will the Fair Work Agency assume powers from HMRC, the Employment Agency Standards Inspectorate, and the Gangmasters and Labour Abuse Authority, but it will also take on additional responsibilities.
• Its investigatory and enforcement powers. These are broad and include the right to enter business premises and obtain documents, and significantly, to bring employment tribunal proceedings on behalf of workers who have chosen not to.
• Preparatory steps employers can take ahead of its launch in April 2026.

Changes to harassment laws // Employment & Incentives

Episode 2: Introducing the Employment Rights Act 2025

Speakers: Kloe Halls, Anjali Raval, Alice Dunn

Workplace harassment laws are set for the biggest overhaul in over a decade under the new Employment Rights Act 2025 (“ERA 2025”). 

In our podcast, we discuss how employers can prepare for the four headline changes:

1.  Strengthening the duty to prevent sexual harassment. The duty to take 'reasonable steps' to prevent sexual harassment of staff will be ramped up to ‘all reasonable steps’ from October 2026. 
2.  Employer liability for third-party harassment. Employers will be liable if they fail to take all reasonable steps to prevent third parties from harassing staff from October 2026. 
3.  Whistleblowing protection for disclosures about sexual harassment. The ERA 2025 adds sexual harassment as a new category of wrongdoing about which workers can blow the whistle, effective from April 2026.
4.  Banning confidentiality clauses for harassment and discrimination. This will be subject to a concept of an ‘excepted agreement’ where the ban won’t apply. 

 

The new Employment Rights Act 2025 // Employment & Incentives

Episode 1: Introducing the Employment Rights Act 2025

Speakers: Nick Marshall, Kloe Halls, Julie Toal

In our podcast, we discuss the changes affecting employers in the following areas and how to prepare: 

>    Unfair dismissal 
>    Contractual variations 
>    Workplace harassment 
>    Collective redundancy  
>    The Fair Work Agency 

Work It Out - Senior exits and terminations: avoiding the common pitfalls // Employment and Incentives

Episode Five: Senior exits and terminations: avoiding the common pitfalls

In this episode, Sinead Casey and Cara Hegarty discuss a critical area for businesses: managing senior exits and terminations and avoiding the common pitfalls. Whilst a change in leadership for a company may feel like a dramatic moment, it does not need to be a crisis and there are strategies to adopt to manage a senior departure effectively. Sharing perspectives and expertise on both employment law and incentives issues, Sinead and Cara discuss initial strategies for businesses to consider, issues for listed companies, the relevance of leaver status and how to avoid the common pitfalls.

To listen to all episodes in this series, visit our website.

Work It Out: Workplace investigations and criminal proceedings // Employment and Incentives

Episode 4: Work It Out

In this episode, Nick Marshall and Elly Proudlock discuss the interplay between workplace investigations and criminal processes, including when an employer should consider notifying the police about potential misconduct, the obligations on an employer to provide documents or evidence to the police, and how to manage the internal investigation once the police are involved or there is the potential for criminal proceedings.

To listen to all episodes, listen on our website.

Relaxations of bankers' bonus rules // Employee Incentives

Episode 1

Relaxations of bankers’ bonus rules - What’s proposed and how to prepare

The PRA and FCA are consulting on new proposals to relax some of the remuneration pay rules for senior staff at banks and making the regime more flexible and proportionate. The changes would reduce the number of material risk takers (MRTs), simplify the tests for identifying them, and ease restrictions on paying out bonuses. At the same time, the regulators propose to strengthen MRTs’ accountability through pay outcomes.

This podcast considers the proposals and their likely impact, and what you need to do to prepare for the new regime. 

Pipeline, promotion and retention // Employment & Incentives

Episode 1: The Diversity Faculty

What do we mean when we talk about pipeline, promotion and retention? How do these issues form part of corporate governance and impact employer brand, employee engagement and become a public reputation issue?

Daniel Danso, Simon Kerr-Davis, Laurie Ollivent, Neha Rao

To listen to the full series, visit The Diversity Faculty Podcast Series webpage.

Diversity strategy vs diversity policy: Why does it matter? // Employment & Incentives

Episode 2: The Diversity Faculty

What is the difference between a diversity strategy and a diversity policy? Why does it matter? How are these perceived internally and externally and why does it matter from a legal perspective?

Neha Rao, Laurie Ollivent

To listen to the full series, visit The Diversity Faculty Podcast Series webpage.

Training – what’s effective? What’s ineffective? // Employment & Incentives

Episode 3: The Diversity Faculty

Training is only as effective as the people attending it let it be – it’s what happens after the training that really matters. But what makes training effective? What makes it ineffective?

Simon Kerr-Davis, Daniel Danso

To listen to the full series, visit The Diversity Faculty Podcast Series webpage.

Targets, quotas and positive discrimination // Employment & Incentives

Episode 4: The Diversity Faculty

What do we mean when we talk about targets and quotas? How are they different? What should businesses be considering when they look to sign up to targets, quotas or other commitments and pledges? What are the legal risks and can businesses positively discriminate or take positive action to achieve diversity in practice?

Laurie Ollivent, Daniel Danso, Neha Rao, Simon-Kerr Davis

To listen to the full series, visit The Diversity Faculty Podcast Series webpage.

 

The link between diversity and remuneration // Employment & Incentives

Episode 5: The Diversity Faculty

How might diversity and inclusion metrics be used to determine remuneration and will linking diversity with pay really drive accountability and sustainable change in diversity and inclusion for businesses?

Alexandra Beidas, Laurie Ollivent

To listen to the full series, visit The Diversity Faculty Podcast Series webpage.

Introduction to intersectionality // Employment & Incentives

Episode 9: The Diversity Faculty

What is intersectionality and what role does it play in the workplace? We also look at how intersectionality is protected under English law and the approach taken by the tribunals to tackle intersectional discrimination in the absence of specific dual discrimination laws.

To listen to the full series, visit The Diversity Faculty Podcast Series webpage.

Intersectionality in the workplace // Employment & Incentives

Episode 10: The Diversity Faculty

What are the practical issues employers encounter in relation to intersectionality and what can they do to address them? How can employers embrace the multifaceted identities of employees to foster inclusion? And what does the future hold – is a legal change on the horizon?

To listen to the full series, visit The Diversity Faculty Podcast Series webpage.

Navigating the government’s ethnicity pay gap reporting guidance // Employment & Incentives

Episode 11: The Diversity Faculty

What is ethnicity pay gap reporting and what does the government’s guidance say? We help employers navigate the guidance, including collecting ethnicity data, dealing with smaller and incomplete data sets, and how to report. We also discuss what the future holds for ethnicity pay gap reporting and whether mandatory reporting is on the horizon. 

 

To listen to the full series, visit The Diversity Faculty Podcast Series webpage.

 

Labour's employment law reforms // Employment & Incentives

Episode 1

With a new government installed in Downing Street, the employment law landscape is set to change. The Labour party have set out detailed plans for a major overhaul of workplace rights with implications for business operations, HR and strategic planning.

In our post-election special, we discuss the new government’s reforms and how businesses can prepare, including:

• A round-up of key proposals, together with some high profile policies no longer being progressed,
• The far-reaching implications of the proposal to make unfair dismissal a day one right,
• A series of reforms impacting outsourced workers likely to have a transformative effect on outsourcing of services.

One month to go… more tricky issues with the IFPR pay rules and top tips // Employment & Incentives

Episode 3: Countdown to IFPR and the new pay rules

The pay out process rules, some pitfalls with the non-cash instruments, the de minimis exemption and with MRTs; differences between the IFPR and IFD pay rules, and a useful checklist of things to consider and the documents you need to comply with the MIFIDPRU pay rules for performance periods from 1 January 2022.

Luxembourg Staff Representative Elections 2024 // Employment & Incentives

Episode 1

Speaker: Marie Sinniger

In this episode I’m going to focus on the upcoming Luxembourg elections for staff representatives to be held on 12th March 2024. What can you do to ensure everything runs smoothly? Have you identified those employees who are eligible to vote, and those who are not? With another busy year ahead for HR and employment professionals, I’m here to guide you through the elections process, step-by step. By working to a clear timeline, you can get the ball rolling today, plan ahead and look forward to a smooth run up to the big day.

 

Work It Out - The use of WhatsApp messages at work // Employment and Incentives

Episode 3: The use of WhatsApp messages at work. 

In this episode, Sinead Casey is asked a series of questions about the use of WhatsApp messages at work, including: why this is an increasing issue for employers in the context of workplace investigations and disclosure; if an employer has a right to access and rely on such messages; whether it makes a difference if the messages are held on a personal or work device; the litigation risk and data privacy issues for employers to consider; and top tips for employers managing the use of these types of communication in the workplace. Special thanks also to Peter Church (Counsel in our TMT and IP practice) for contributing his thoughts on the data protection side to this topic.

To listen to all episodes in this series, visit our website.

Belgium: Mind the (Gender Pay) Gap // Employment & Incentives

Episode 1: Mind the (Gender Pay) Gap

In this episode, Nele Van Kerrebroeck provides a summary of the current position on pay transparency in Belgium, in particular on the applicable law since 2012 which aims to tackle the gender pay gap by introducing the obligation to report to the works council or prevention committee, and as part of the financial annual accounts; she also focuses on the major changes that will occur in this respect once the Pay Transparency Directive will be implemented in Belgium.

Listen to all episodes in the series on our dedicated webpage.

Italy: Mind the (Gender Pay) Gap // Employment & Incentives

Episode 2: Mind the (Gender Pay) Gap

In this episode, Federica Barbero provides an overview of some of the measures that Italian legislation has already put in place to ensure pay transparency, prevent discrimination in the workplace, and protect employees. Federica also flags some of the main pay transparency related issues in the Italian market and offer a view on how the Directive can help shed light on those issues and offer tools to identify effective solutions.

Listen to all episodes on our dedicated webpage.

Luxembourg: Mind the (Gender Pay) Gap // Employment & Incentives

Episode 3: Mind the (Gender Pay) Gap

In this episode, Marie Sinniger provides a summary of the current landscape of pay transparency and equal pay in Luxembourg. Significant changes are coming with the transposition of the EU Pay Transparency Directive into national law by 7 June 2026. Even if the implementation of this new set of enhanced requirements is not on the immediate horizon, employers must be ready to hit the ground running when the new legislation is introduced.

Listen to all episodes on our dedicated webpage.

Spain: Mind the (Gender Pay) Gap // Employment & Incentives

Episode 5: Mind the (Gender Pay) Gap

In this episode, Moira Guitart provides a summary of the current position on pay transparency and equal pay in Spain. She mentions that, despite not many gender pay gap reporting requirements in Spain yet, equal provisions already exist and all employers must keep a salary record broken down by professional categories and gender. Also, companies with 50 or more employees are mandated to negotiate and register equality plans which must include a pay audit to identify potential gender gaps and lay out measures to close those gaps.

Listen to all episodes on our dedicated webpage.

The Netherlands: Mind the (Gender Pay) Gap // Employment & Incentives

Episode 6: Mind the (Gender Pay) Gap

In this episode, Jill Reijnen Husagić provides an overview of the current position on pay transparency and equal pay in the Netherlands. In particular, Jill look at the existing rights of work councils in this respect, as well as the existing disclosure requirements. The status and impact of the implementation of the EU Pay Transparency Directive is also discussed.

Listen to all episodes on our dedicated webpage.

Poland: Mind the (Gender Pay) Gap // Employment & Incentives

Episode 4: Mind the (Gender Pay) Gap

In this episode, Monika Krzyszkowska-Dąbrowska provides an overview on the impact of the EU Pay Transparency Directive on the Polish employment law landscape and in particular, the revolution it will bring to pay structure and its requirements. The implementation of the Directive into Polish law is likely to involve comprehensive new legal solutions. It is important for employers to start preparation work now as almost all organisations will be affected and will need to review their policies.

Listen to all episodes in the series on our dedicated webpage.

Work It Out - The Investigating NED // Employment and Incentives

Episode 2: The Investigating NED. 

In this episode, Nick Marshall is asked a series of questions about the role of non-executive directors to investigate and make decisions about workplace issues, from grievances to disciplinaries, to complaints from whistleblowers and investigations into workplace culture. Nick is asked to explain what makes NEDs well-placed to take on this role, what will be expected of them, and if there is a risk of a conflict with their existing non-executive duties and responsibilities.

To listen to all episodes in this series, visit our website

Work it out - AI in the workplace // Employment and Incentives

Episode 1: AI in the workplace.

In this episode, Sinead Casey is asked a series of questions about AI in the workplace, including why employers should be considering its use now, the employment legal risks of employers using AI and the risks of AI being a tool used by the wider workforce, and how employers reassure their workforces that their jobs will not be displaced by robots.

To listen to all episodes in this series, visit our website

Golden Visa – a longer stay for qualified foreigners // Employment and Incentives

This podcast series is curated by our formal association firm in Indonesia, Widyawan & Partners.

Episode 2: Regulatory Developments in Indonesia – a Multi-Sectoral Highlight

In an effort to attract inflows of foreign talents to Indonesia, the Indonesian government has issued Government Regulation No.40 of 2023 (“GR 40”) which further amended the implementing regulation of the Immigration Law and Minister of Law and Human Rights Regulation No.22 of 2023 on Visa and Stay Permit (“Golden Visa Regulation”). Among the numerous amendments made, it includes provisions that allow the issuance of temporary stay permits up to 10 years, dubbed the “Golden Visa” for individual investors and the foreign directors and commissioners of companies investing in Indonesia. In this episode, our employment and incentives partner, Narendra Adiyasa and managing associate, David Siagian will discuss key regulatory amendments under the Golden Visa Regulation, and how these changes can potentially change the landscape for expatriates’ mobility within Indonesia.

To listen to all episodes in this series, visit our Regulatory Developments in Indonesia – a Multi-Sectoral Highlight.

Covid-19 Vaccinations: To mandate or not to mandate in Hong Kong SAR? // Employment & Incentives

In this short podcast, our Head of Hong Kong Employment & Incentives Samantha Cornelius joins Joshua Li, a Managing Associate within the team, in discussing the most typical questions being asked by employers when developing a staff vaccination policy for Covid-19 in Hong Kong SAR, including mandating of vaccines, the underlying legal risks and implications, and the collection of data on vaccination status.

Two months to go… some tricky issues with the IFPR pay rules // Employment & Incentives

Episode 2: Countdown to IFPR and the new pay rules

How the MIFIDPRU pay code ramps up the requirements, the proportionality threshold for non-SNI firms and some tricky issues with remuneration committees requirements, malus and clawback policies and setting the fixed to variable pay ratio.

Three months to go… the pay rules // Employment & Incentives

Episode 1: Countdown to IFPR and the new pay rules

A summary of the pay regulations coming in from 1 January 2022 for SNI and Non-SNI investment firms; the MIFIDPRU remuneration code SYSC19G: setting fixed to variable pay ratios, pay out process rules and whether they can be disapplied, governance and malus and clawback.

Freezing awards // Employment & Incentives

Episode 6: Risk and pay: lessons from the financial sector

Freezing awards at any time before vesting time is a sort of half-way house to malus. Why and how to do it. And to conclude, some top tips

Malus and clawback // Employment & Incentives

Episode 5: Risk and pay: lessons from the financial sector

Applying malus and clawback: when; what for - the trigger events; how - the process to follow, and on which awards?

Restricted shares and overriding formulaic outcomes // Employment & Incentives

Episode 3: Risk and pay: lessons from the financial sector

Alternative methods of risk adjustment: restricted shares and overriding formulaic outcomes, and participants’ likely reactions.

Risk adjustment // Employment & Incentives

Episode 2: Risk and pay: lessons from the financial sector

An increasing focus of how the regulatory regimes are applied in practice, relates to adjustment for financial and non-financial risks. How is this done and what is spilling over into the PLC sphere.

Setting the scene // Employment & Incentives

Episode 1: Risk and pay: lessons from the financial sector

A brief look at the regulatory regimes in the financial sector: where they come from and what they say, to provide some context for episodes which follow.

Stronger malus and clawback? Government proposals on executive pay // Employment & Incentives

Episode 5: Governing pay: how did we get here and where next?

What’s in store for corporate governance and remuneration following the government’s recent executive pay proposals in the White Paper on audit reform.

ESG and pay, what’s happening and where next? // Employment & Incentives

Episode 4: Governing pay: how did we get here and where next?

Another current “hot topic” in the corporate governance landscape and integrating environmental, social and governance factors into pay decision-making processes.

Four areas of recent focus in governance and executive pay // Employment & Incentives

Episode 3: Governing pay: how did we get here and where next?

A detailed look at four distinct governance areas with developing impact on executive pay: pay ratio disclosure, pension contributions, malus and clawback and post-employment shareholding requirements.

Corporate governance and private companies // Employment & Incentives

Episode 2: Governing pay: how did we get here and where next?

Continuing to look at the developments that have impacted remuneration disclosures, this time what’s happening on corporate governance for large private companies.

Corporate governance disclosures and how they impact pay // Employment & Incentives

Episode 1: Governing Pay how did we get here and where next?

The most recent legislative changes affecting remuneration disclosures, investor expectations on compliance with corporate governance requirements in determining pay, and the impact of Covid-19.

Workplace Culture: Handling Investigations // Employment & Incentives

Episode 5: Beyond 2020: The post-pandemic workplace

In many workplaces, video calls have become the main method of communication but how well are these suited to handling sensitive employee relations issues? We will look at the practical difficulties employers face when investigating complaints and carrying our disciplinary procedures remotely and will consider how to handle issues such as investigating in a timely way, the right to be accompanied and covert recording of meetings. We will also address whether the remote disciplinary hearing is here to stay.

Workplace Culture: Bullying and Harassment // Employment & Incentives

Episode 4: Beyond 2020: The post-pandemic workplace

In a remote working environment, interactions between colleagues are less open to observation. Spotting harassment, bullying and other forms of misconduct is more challenging than ever.  We will explore how employers can identify hidden behaviours and what steps they should take to address the risks, including the need to make whistleblowing policies fit for purpose for a home-based workforce.

Board Diversity, Pay Reporting and Contentious Remuneration // Employment & Incentives

Episode 3: Beyond 2020: The post-pandemic workplace

Has the pandemic changed the conversation about board diversity and fair pay? In this podcast, we focus on whether Covid-19 has stalled diversity at the top of organisations, how existing pay inequities may be impacted and amplified by the pandemic, and how decisions made about remuneration against the backdrop of the pandemic can lead to contention and litigation.

Diversity and Inclusion // Employment & Incentives

Episode 2: Beyond 2020: The post-pandemic workplace

In this episode we will look at the pandemic through the lens of diversity and consider the effect that the pandemic itself, and the business response to it, have had on particular groups of workers.  We will look at the data, assess the impact on particular groups and suggest ways in which businesses might reinforce their diversity agenda to protect against disproportionate impacts.  We will also look at how businesses can respond positively to the issues raised by the Black Lives Matter movement to develop a meaningful race strategy. 

The Future Workplace // Employment & Incentives

Episode 1: Beyond 2020: The post-pandemic workplace

Is agile working here to stay? We consider how employment policies and management practices need to evolve to be compatible with agile and remote working. Policies should reflect what is right for business in the long term and we will explore how to meet legal and regulatory requirements, while staying true to cultural values.

Triggering collective consultation // Employment & Incentives

Episode 7: Redundancy - Covid-19 and Employment

Our Redundancy Podcast series looks at when collective consultation is triggered, practical issues when conducting collective consultation with a furloughed workforce, fairness and selection in the collective consultation process and issuing notice and making termination payments.

Practical Issues When Conducting Collective Consultation With a Furloughed Workforce // Employment & Incentives

Episode 6: Redundancy - Covid-19 and Employment

Our Redundancy Podcast series looks at when collective consultation is triggered, practical issues when conducting collective consultation with a furloughed workforce, fairness and selection in the collective consultation process and issuing notice and making termination payments.

Fairness and selection in collective consultation // Employment & Incentives

Episode 5: Redundancy - Covid-19 and Employment

Our Redundancy Podcast series looks at when collective consultation is triggered, practical issues when conducting collective consultation with a furloughed workforce, fairness and selection in the collective consultation process and issuing notice and making termination payments.

Issuing Notice and Making Termination Payments // Employment & Incentives

Episode 4: Redundancy - Covid-19 and Employment

Our Redundancy Podcast series looks at when collective consultation is triggered, practical issues when conducting collective consultation with a furloughed workforce, fairness and selection in the collective consultation process and issuing notice and making termination payments.

Winding down the Coronavirus Job Retention Scheme // Employment & Incentives

Episode 3: Covid-19 and Employment

In the latest episode of our Covid-19 podcast series, Nicola Rabson and Nick Marshall discuss the winding down of the Coronavirus Job Retention Scheme and what employers need to consider next, including the recently-announced plans for the Job Retention Bonus Scheme.

Return to work // Employment & Incentives

Episode 2: Covid-19 and Employment

For many employers, thoughts are turning to how their business will transition out of lockdown and how best to ensure a safe return to the workplace for their employees. This is a fast moving topic.  As we await further guidance from the government, our latest podcast looks at some of the key issues employers are considering at this stage.

An Employer’s Duties // Employment & Incentives

Episode 1: Covid-19 and Employment

In this episode we explore the key issues for employers, Nicola Rabson and Nick Marshall discuss the duties of employers during the ongoing pandemic.

In particular, Nicola and Nick discuss some of the knotty issues around the duties that employers owe to their employees, including whether they can require employees to go into the workplace, what to do if an employee refuses to attend work, and employer liabilities if an employee becomes sick because they attend work.

EBA’s draft RTS on non-cash instruments for the purposes of awarding variable remuneration under the IFD // Employment & Incentives

Episode 4: IFD and CRD V Remuneration Developments

In our podcast series, we discuss the latest publications and developments in relation to the upcoming IFD and CRD V remuneration rules and the impact these could have on firms that will be subject to them.

We consider not only the key aspects of these latest publications and developments, but also how they compare with existing rules and some of the challenges firms will be presented with when looking to comply.

EBA’s draft RTS for identifying material risk takers under the IFD // Employment & Incentives

Episode 3: IFD and CRD V Remuneration Developments

In our podcast series, we discuss the latest publications and developments in relation to the upcoming IFD and CRD V remuneration rules and the impact these could have on firms that will be subject to them.

We consider not only the key aspects of these latest publications and developments, but also how they compare with existing rules and some of the challenges firms will be presented with when looking to comply.

PRA and FCA consultations on the CRD V remuneration rules // Employment & Incentives

Episode 2: IFD and CRD V Remuneration Developments

In our podcast series, we discuss the latest publications and developments in relation to the upcoming IFD and CRD V remuneration rules and the impact these could have on firms that will be subject to them.

We consider not only the key aspects of these latest publications and developments, but also how they compare with existing rules and some of the challenges firms will be presented with when looking to comply.

Remuneration Provisions of the IFD // Employment & Incentives

Episode 1: IFD and CRD V Remuneration Developments

In our podcast series, we discuss the latest publications and developments in relation to the upcoming IFD and CRD V remuneration rules and the impact these could have on firms that will be subject to them.

We consider not only the key aspects of these latest publications and developments, but also how they compare with existing rules and some of the challenges firms will be presented with when looking to comply.