UNCOVER’s Post

The legal risk & compliance sector is rapidly evolving, presenting both challenges and new opportunities. In our 2024 Salary Guide, we highlight the potential for strategic and innovative roles in this dynamic environment. Ready to navigate the future of Legal Risk & Compliance careers? Find out how to leverage these opportunities for career advancement by downloading our 2024 UK Legal Risk & Compliance Salary Guide - https://lnkd.in/eWNb7_ZW #CareerOpportunities #CareerInsights #SalaryGuide #LegalRisk #Compliance

Challenges faced in Start-up Corporate Sector and how ignorence of challenges can lead to legal issues: 1. A constant Attrition rates which create a collateral damage of high recruitment costs and instability in the Company. 2. Lack of streamlined audit process which leads to statutory non-compliance and penalties. 3. Lack of awareness on importance of internal POSH Committee and it's constitution. 4. Ignorence towards the importance of legal functions, while Business enjoys sole importance. 5. Investing in office spaces to more extent than necessary. 6. Top Category Employees close to management do not go through background verifications and due diligence. Mere expertise and business acumen are not sufficient qualifications to be working close to management. 7. Disguised Employment. The category of employees who push their responsibilities on others and become internal encouragement of gossips and rumors. This creates dis-harmony between employees. 8. Lack of proper handover process which creates lots of serious issues as half knowledge is dangerous. Often formation of Huge legal issues are a result of ignored challenges. Law is as important as Business operations. We believe prevention is better than cure. #legalindustry

Are you struggling with recruitment or retention in your team? Do you know what candidates really want, and how to make sure they get it? We dive into this very question in our guest post on the Jonathon Bray Limited blog. Enjoy! #compliance #legalrecruitment #retention #lawfirm

✅ Co-Employment Risk: Fact or Fiction? In today’s evolving workforce landscape, co-employment is a topic that garners both attention and confusion. Is co-employment risk a genuine concern or just a myth? Let’s dive into the facts and statistics to clarify this critical issue. ❓What is Co-Employment... Co-employment, also known as joint employment, occurs when two or more entities share control and responsibility for an employee. This can arise in various scenarios, such as: ✳ Staffing Agencies: Where the agency and the client company share responsibility for workers. ✳ Subcontracting: Where a subcontractor and the primary contractor both have control over the same employees. ❓Why It Matters... Understanding co-employment risks is crucial for businesses as they navigate complex workforce dynamics. Failure to manage these risks can result in significant legal and financial repercussions. Key Statistics: 📈 Legal Implications: According to a 2023 study by the National Employment Law Project, over 30% of wage and hour litigation cases involve joint employment claims. This underscores the importance of understanding and managing co-employment risks to avoid costly legal disputes. 📈 Regulatory Scrutiny: The U.S. Department of Labor (DOL) has ramped up its scrutiny of joint employment. A 2022 DOL report revealed a 15% increase in investigations involving co-employment claims, highlighting the growing regulatory focus. 📈 Financial Impact: Businesses face substantial financial consequences due to co-employment issues. A 2021 survey by the Society for Human Resource Management (SHRM) found that companies involved in joint employment disputes could incur average legal fees exceeding $250,000 per case. Managing Co-Employment Risk The Bottom Line Co-employment risk is not fiction but a real and growing concern in today’s complex employment environment. By understanding the facts and implementing proactive strategies, businesses can mitigate these risks and protect themselves from legal and financial repercussions. 💬 What steps is your organization taking to manage co-employment risks? #MSP # ICCompliance #VMS #ContingentWorkforceConsulting #ContingentWorkforce #CWConsulting #CoEmployment #JointEmployment #WorkforceManagement #LegalRisk #EmploymentLaw #HRStrategy #StaffingAgency #RegulatoryCompliance #BusinessRisk #FinancialImpact #EmployeeRelations #WorkforceCompliance #HRCompliance #EmploymentPractices #LaborLaw #RiskManagement #BusinessStrategy #WorkplaceLegalities #StaffingSolutions #EmploymentRisks

Backgrounds Online does not provide legal guidance or counsel of any kind, but we are sharing some commonly accepted tips on how to protect your business during the hiring process. https://lnkd.in/g5v9GYEN #Compliance #Risk #StateLaw #FederalLaw #backgroundchecks #backgroundsonline #hiring

Far-reaching consequences for non-compliance ... The findings of the Employment Court or the Authority are ignored at an employer’s peril. In Ugone v Star Moving Ltd the employer failed to make payments ordered by the Court. A penalty of $20,000 was awarded for the failure to comply, with $10,000 of this being paid to the ex-employee and costs of nearly $14K were also awarded. The far-reaching consequences of not taking compliance orders seriously, can include: ·      Penalty for non-compliance can be awarded notwithstanding the monies have eventually been paid (in this case 2 months later than they should have been and a mere $1,000 reduction in penalty was given for this eventual payment). ·      While the primary purpose of a compliance order is to compel compliance, it also has the purpose of imposing a sanction for non-compliance. ·      Only in rare cases will non-compliance be excused. ·      Where the non-compliance is considered deliberate, penalties may be higher. ·      Penalties can be awarded personally against directors of a company. ·      Repeat offenders can even run a serious risk of a custodial sentence. The Director of the company in this case had several instances of previous non-compliance. The Court observed that “Breaching a compliance order is a serious matter and warrants a serious response. The Authority, the Court and the parties are entitled to expect orders to be obeyed and it is likely to be in only reasonably rare cases that non-compliance would be excused.” Where you have been involved in a settlement or an award of any kind, make sure you take all practicable steps to get payment made promptly. 

The landscape of the risk and compliance market has evolved significantly over the last decade, altering the expectations of both organisations and candidates. In this dynamic setting, a holistic approach is indispensable to balance productivity, employee satisfaction, and fulfilment, ensuring the longevity and continued success of your law firm. At UNCOVER, our mission is clear – to unearth the individuals pivotal for your success and connect them with the opportunities they seek. With our specialised legal risk & compliance focus, we are dedicated to propelling your firm towards stability and growth. Discover our recruitment services and let's build a successful future together, explore more here: https://bit.ly/430qvsP #Risk #LegalCompliance #LawFirmCompliance #UNCOVER

Backgrounds Online does not provide legal guidance or counsel of any kind, but we are sharing some commonly accepted tips on how to protect your business during the hiring process. https://lnkd.in/gd4zpQUu #Compliance #Risk #StateLaw #FederalLaw #backgroundchecks #backgroundsonline #hiring

Does an employee have a right to silence? A question which frequently comes up on our training courses is whether employees are obliged to comply with employer investigations and whether an employee has a right to silence when questioned in the course of such an investigation. Employers are confronted with a variety of scenarios which require investigation. These range from an accusation of #bullying in the #workplace, theft of company property, or to a #workplaceaccident. These incidents usually require the employer to identify relevant parties and witnesses, and often these must be formally interviewed. Can the employer compel compliance? Read more: https://lnkd.in/d-EPDafE #investigations #employment #employmentlaw #employmentrights #righttosilence

Failure to read the Contract - Employee sacked He signed a 5 year contract of employment as Senior Compliance officer for the Bank. According to court records,he holds a Degree in Economics and Masters in Risk Management. He used to report for work at 08:00hrs and knocking off at 17:00hrs. However, during Wednesday's and Friday's he used to leave early - 15:00hrs. He had a side hustle - Part Time lecturer at a named university without knowledge of his employer. This development reached the Human Resource Team which informed him through a letter to exculpate himself. He was later charged with gross misconduct and the disciplinary committee found him guilty of dishonesty among other offences. He was later fired with no benefits. He sued the company in the High Court for damages arguing that his dismissal was unlawful and wrongful as he was not given an opportunity to be heard contrary to the provisions of the employment code act. Clause 15 of the contract of employment he signed stated as follows; "During the term of your employment,you shall not without prior written permission of the company be entitled to directly or indirectly, temporarily or permanently be engaged by or do any business with individuals or companies other than this company,and you shall be prohibited from trading in your own account during this period. You shall at all times faithfully serve this company and use your utmost best endeavors to promote the company's interest". The learned Judge indicated that failure to read the contract of employment amounts to one shooting themselves. "Firstly, clauses in the contract are legal binding between parties - employer - employee Clause 25 of his contract is clear and it's unfortunate he failed to read and understand. Failure to read the contract amounts to shooting oneself. Engaging in another Job while you have a job is unethical, poses a breach of trust". The court further added, "It could have been wise if he had informed his employer as the contract guide but he kept it secret.....the disciplinary hearing held it's session twice and established that he breached clause 15 of his contract. The matter is dismissed for lack of merit". Case citation Jimmy Chisanga v The Bank Judgment delivered last week 18th April 2024. Timely judgement to all employees. Always read and understand before signing the contract of employment. Note: The above analysis is for academic purposes only.