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Employment law brief: 15 November 2018

15 November 2018 / Ian Smith
Issue: 7817 / Categories: Features , Employment
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​In this month’s employment brief, Ian Smith takes on whistleblowing & exclusion & gives a nod to Sweden

  • Whistleblowing detriment and the liability of fellow workers.
  • Exclusion of overseas employment; some refinements to the Lawson rules.
  • Agency workers; applying the Swedish derogation.

What the three cases considered this month have in common is that they concerned apparently small and precise points in the wider scheme of the various statutory provisions behind them, but ones which were in need of guidance from appellate courts. In the first, the Court of Appeal considered for the first time the fellow worker/vicarious liability provisions introduced into whistleblowing law by a significant amendment in 2013; the result is favourable to the claimant, but the reasoning involved an interesting balancing of the possible anomalies in each side’s arguments, largely caused by the fact that, although whistleblowing is in form covered by the employment law statute, it really bears more resemblance to discrimination law. In the second case, the Court of Appeal established some interesting additions to the Lawson

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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