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More banker disputes?

01 October 2015
Issue: 7670 / Categories: Legal News
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New regulations to make senior bank staff personally responsible or even criminally liable for failings of junior employees could spark a rise in unfair dismissal claims, an employment lawyer has warned.

From March 2016, senior managers at UK banks will be accountable to the Financial Conduct Authority and Prudential Regulation Authority for regulatory problems occurring within their remit, and will need to demonstrate to the regulator that they took reasonable steps to prevent breaches. Consequently, they may want to pre-emptively dismiss staff members who they believe could put the bank at risk rather than spend time managing their performance, according to Jon Gilligan, partner at GQ Employment Law.

Gilligan says: “The risk is that managers will act in haste and that unfair dismissal or constructive dismissal claims will follow.

“Senior banking staff will not want to take the fall if an underperforming team member puts the bank at risk of regulatory action, but human resources and legal will want to avoid unnecessary employment law claims.”

Issue: 7670 / Categories: Legal News
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MOVERS & SHAKERS

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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