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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

NLJ Career Profile: Nikki Bowker, Devonshires

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Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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