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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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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