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11 December 2019 / Ian Smith
Issue: 7868 / Categories: Features , Employment
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Employment law brief: 11 December 2019

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What makes people tick? Ian Smith signs off for the year with some sobering disclosures on motivation & revenge
  • Establishing ‘the reason’ for dismissal in an organisation.
  • Public interest and the claimant’s motivation.

The cases considered this month concern the law on protection of whistleblowers (as it happens, at the same time as the EU has produced a draft Directive on this issue, which hitherto has been purely a question of UK domestic law). The first, and most important, is the decision of the Supreme Court on how to determine the thinking/motivation of ‘the employer’ in an organisation, in particular where the dismissing manager has genuinely done so for another reason, but has been misled by another manager seeking revenge on the whistleblower. As will be seen, the significance of this case extends to other areas of unfair dismissal law. The second case is a decision of the Court of Appeal on the important but potentially difficult element of ‘public interest’ and the claimant’s motivation in making the disclosure(s)

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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