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Can an individual come within the extended definition of worker for whistleblowing purposes, even if he is also an ‘ordinary’ worker of another employer?

Yes, said the Court of Appeal in Day v Health Education England (“HEE”).The Court of Appeal held that a junior doctor, who argued that he was subject to detriment after raising concerns about patient safety issues, could bring a whistleblowing claim against both the NHS Trust that employed him...

ACAS Early Conciliation Certificate is not limited to only events that have taken place before the date that the certificate is issued

In Compass Group UK and Ireland Ltd v Morgan it was held that a constructive dismissal claim was covered by the Early Conciliation Certificate, despite it being issued before resignation.Morgan (M) submitted a grievance to her employer, Compass Group UK and Ireland Ltd (Compass), in October 2014...

The National Living Wage paradox: big retailers line up to slash their staff premiums and overtime payments to fund their increased wages bill

Tesco, Wilko and B&Q have this week announced that they are cutting some premiums and allowances from the pay of some of their staff working unsociable shifts or overtime, and performing additional duties, such as fork lift truck driving.However they have all announced that the basic rate of...

Organisations that previously relied on Safe Harbour as a mechanism to legitimise transfers of personal data from the European Union to the United States must find alternative means

It would seem that the repercussions of the Snowden Effect are still being felt as concerns over transatlantic personal privacy relations continue. The latest policy in the firing line is Safe Harbour, a pact made between the European Commission and the US Government, which promised to protect EU citizens’...

“Dishonesty of any kind will create a blemish” [Gordon B Hinkley] – Strike off not a foregone conclusion for a dishonesty offence…

Honesty and integrity – two of the most fundamental tenets of the legal profession - and so it is hardly surprising that our profession’s regulator is so keen to defend them.In the recent case of R (on the application of the Solicitors Regulation Authority (SRA)) v Imran [2015] EWHC 2572, the...

International Sports Tours Limited t/a Inspire Sports v Thomas Shorey and others – Is there a difference between an affidavit and witness statements when bringing a claim for contempt of court?

In International Sports Tours Limited v Thomas Shorey [2015] EWHC 2040 (QB), the High Court considered whether an application for committal based on false statements by the defendant in an affidavit was a nullity, as permission was not sought for the application.The ClaimThe Claimant brought...

Employment partner, Richard Thomas, suggests that the recent bribery prosecution of GlaxoSmithKline in China highlights the need for organizations to consider refresher training in anti-bribery

David Cameron, George Osborne and Boris Johnson have all made recent trade visits to China in a bid to open up business opportunities in the world’s second largest economy. However, as the recent bribery case involving GlaxoSmithKline (GSK) in China shows, undertaking business overseas brings risks,...