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Working it out

15 March 2013 / Ian Smith
Issue: 7552 / Categories: Features , Employment
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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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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

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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