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15 November 2018 / Ian Smith
Issue: 7817 / Categories: Features , Employment
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Employment law brief: 15 November 2018

​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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A time-restricted bank tax, a ‘roadmap to fiscal devolution’, extension to parental leave, entrepreneur’s relief and a giveaway on energy bills for households are the headlines in Chancellor of the Exchequer John Healey’s 2026 Autumn Budget
A Court of Appeal judge has lamented the ‘very concerning’ state of the law on employee inventor compensation after a chemist’s case took five-and-a-half years to reach court, eventually being listed for a 37-day trial next year
The Law Society has emphasised that responsibility remains human, in a practice note on artificial intelligence (AI)
Respect orders, which enable police, councils, housing associations, transport networks and other authorities to take enforcement action against anti-social behaviour, have come into force across England and Wales
The Land Registry has launched two consultations aimed at making its information more publicly accessible, ‘Restructuring HM Land Registry fees’, and ‘Future of access to HM Land Registry information’
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