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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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MOVERS & SHAKERS

Seddons GSC—Ben Marks

Seddons GSC—Ben Marks

Partner joins residential real estate team

Winckworth Sherwood—Shazia Bashir

Winckworth Sherwood—Shazia Bashir

Social housing team announces partner appointment

University of Manchester: The LLM driving tech-focused career growth

University of Manchester: The LLM driving tech-focused career growth

Manchester’s online LLM has accelerated career progression for its graduates

NEWS
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
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