Whistleblowing
UK: Whistleblowing in the workplace: Your Views
As you may know, the whistleblowing charity, Public Concern at Work, recently published a consultation paper to examine the effectiveness of existing arrangements for workplace whistleblowing and make recommendations for change. The consultation paper can be found here. We are … Continue reading
Filed under Jurisdiction: UK, Whistleblowing
UK: employment law reforms enacted
The Enterprise and Regulatory Reform Bill finished its passage through Parliament and received Royal Assent on 25 April 2013. BIS has also published commencement dates for various parts of the Act. The most significant employment law provisions are as follows: … Continue reading
UK: Employment law reforms: revised timetable
The Government has published revised timings for some of the employment law changes in the pipeline, available here. It appears that restricting changes to the April/October schedule has been abandoned for the time being.
UK: Post-employment conduct: whistleblowing disclosures protected; victimisation not prohibited by Equality Act
Case law has established that subjecting an employee to detriment post-employment for a whistleblowing disclosure made during employment is unlawful. In Onyango v Berkeley the EAT has now confirmed that there is protection even if the disclosure itself is made after the … Continue reading
UK: Enterprise and Regulatory Reform Bill: amendments to whistleblowing, financial penalties on employers, dismissal for political opinion/affiliation
The Government has proposed, and the House of Lords approved, a number of amendments to the Enterprise and Regulatory Reform Bill: The Bill already includes provisions adding a requirement for whistleblowers to be acting “in the public interest” and removing … Continue reading
UK: timetable for employment law reforms
BIS has published its Fifth Statement of New Regulations confirming plans to implement changes to the Equality Act 2010 (removing third party harassment provisions and the statutory questionnaire procedure) in March 2013. The right to unpaid parental leave will increase … Continue reading
Partners: LLP members are not “workers” protected from whistleblowing detriment
The Court of Appeal has ruled that LLP members are not “workers” able to claim for detriment for whistleblowing, overturning an EAT decision reported here. The Court decided that s4(4) of the Limited Liability Partnerships Act should be interpreted as … Continue reading
Filed under Employment status, Jurisdiction: UK, Whistleblowing
Partners: LLP equity member may be “worker”; Lawson v Serco test on territorial jurisdiction applied to discrimination and whistleblowing claims
The EAT has ruled that a (junior) equity partner of a law firm, who was entitled to a profit-related element of remuneration and a guaranteed level of remuneration, was a “worker” of the firm and therefore eligible to claim whistleblowing … Continue reading
Employment law reforms: Queen’s Speech and consultation on new discrimination law proposals
A number of Government proposals announced in recent months (see here) – and one new proposal – have made their way into this month’s Queen’s Speech and associated Bills. The draft Enterprise and Regulatory Reform Bill includes the following: a … Continue reading
Employment law reforms: April 2012 government plans confirmed, new proposals and calls for evidence
The last month has seen a raft of government proposals for changes to employment laws. Details were included in a speech made by the Business Secretary Vince Cable on 23 November, BIS’s Response to the Resolving Workplace Disputes consultation, and … Continue reading