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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
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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