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The final whistle

04 December 2009 / Ian Smith
Issue: 7396 / Categories: Features , Employment
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Ian Smith plays by the rules…& ends the year with a twist

The three cases chosen this month for comment all concern fundamental points of interpretation or application in their particular areas.

The first is a decision of the Employment Appeal Tribunal (EAT) on the meaning of a “disclosure” in the rules on whistleblowing, the result being some relief to employers who may have been under the (apprehensive) apprehension that these days (to misquote a conservative opposition member under Attlee’s post-war government) “we are all whistleblowers now”.

The second case is an important statement by the Court of Appeal on the application of rules of causation in a discrimination case on remedies, focusing on the venerable problem (in cases of discriminatory dismissals) of stigma in future job applications.

The third is a complex but typically erudite decision of Underhill P in the EAT on the question of the legality of pay protection schemes, but with the twist that this time it arose in the context of age discrimination, not sex discrimination.

Whistleblowing

Cavendish Munro

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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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