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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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
In this week's NLJ, Bhavini Patel of Howard Kennedy LLP reports on Almacantar v De Valk [2025], a landmark Upper Tribunal ruling extending protection for leaseholders under the Building Safety Act 2022
Writing in NLJ this week, Hanna Basha and Jamie Hurworth of Payne Hicks Beach dissect TV chef John Torode’s startling decision to identify himself in a racism investigation he denied. In an age of ‘cancel culture’, they argue, self-disclosure can both protect and imperil reputations
As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
Dinsdale v Fowell is a High Court case entangling bigamy, intestacy and modern family structures, examined in this week's NLJ by Shivi Rajput of Stowe Family Law
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