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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

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
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