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04 December 2009 / Ian Smith
Issue: 7396 / Categories: Features , Employment
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The final whistle

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

Freeths—Rachel Crosier

Freeths—Rachel Crosier

Projects and rail practices strengthened by director hire in London

DWF—Stephen Hickling

DWF—Stephen Hickling

Real estate team in Birmingham welcomes back returning partner

Ward Hadaway—44 appointments

Ward Hadaway—44 appointments

Firm invests in national growth with 44 appointments across five offices

NEWS
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
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