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01 October 2015
Issue: 7670 / Categories: Legal News
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More banker disputes?

New regulations to make senior bank staff personally responsible or even criminally liable for failings of junior employees could spark a rise in unfair dismissal claims, an employment lawyer has warned.

From March 2016, senior managers at UK banks will be accountable to the Financial Conduct Authority and Prudential Regulation Authority for regulatory problems occurring within their remit, and will need to demonstrate to the regulator that they took reasonable steps to prevent breaches. Consequently, they may want to pre-emptively dismiss staff members who they believe could put the bank at risk rather than spend time managing their performance, according to Jon Gilligan, partner at GQ Employment Law.

Gilligan says: “The risk is that managers will act in haste and that unfair dismissal or constructive dismissal claims will follow.

“Senior banking staff will not want to take the fall if an underperforming team member puts the bank at risk of regulatory action, but human resources and legal will want to avoid unnecessary employment law claims.”

Issue: 7670 / Categories: Legal News
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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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