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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

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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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