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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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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