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11 January 2018 / Ian Smith
Issue: 7776 / Categories: Features , Employment
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Employment law brief: 11 January 2018

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Ian Smith spills the beans on employee inducements, whistleblowing judges & why pre-termination talks may not always be confidential

  • Direct dealings with employees when a union says ‘No’.
  • An exception to the confidentiality of pre-termination talks.
  • A judge is not a ‘worker’ for whistleblowing purposes.

The three cases chosen to kick off 2018 for this column (reported during the pre-Christmas judicial clearance sale) may at first seem rather esoteric, but in the first there was a need to consider for the first time the meaning of a statutory change effected in 2004, in the second there was established a (first?) case law exception to a statutory rule on confidentiality enacted in 2013, and in the third some complex legal issues arose relating to domestic and human rights law in answering a seemingly simple question—is a judge a ‘worker’ for the purposes of a whistleblowing complaint? The first two decisions are important clarifications on novel points; the third one (a lengthy exposition by Underhill LJ) for all its complexity and comprehensive coverage may yet end up being re-argued later this

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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