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15 March 2013 / Ian Smith
Issue: 7552 / Categories: Features , Employment
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Working it out

Ian Smith studies the stories making employment law headlines

Employment law in one guise or another is rarely out of the news, and one example of that recently has been the controversy over gagging clauses in settlements, with the NHS and the BBC coming in for considerable criticism on this ground. The first case considered this month arose in the different context of whistleblowing but it is suggested that it could also be significant in relation to compromise agreements seeking to prevent future spilling of various beans. The second case contains a reaffirmation by the Court of Appeal of some pretty basic stuff on the use of warnings in a misconduct case, and is also notable for an expression of exasperation by the court at the excessive length and complexity of what should have been a relatively straightforward (not to say old-fashioned) misconduct case.

Whistleblowing

Onyango v Berkeley Solicitors UKEAT/0407/12 (25 January 2013, unreported) is a short but very much to-the-point decision by the EAT under Judge Clark which makes an important

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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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