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Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Legal Developments Worldwide

Articles contributed by Mishcon de Reya

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400,000,000 Facebook fans can’t be wrong

July 2010 - Employment. Legal Developments by Mishcon de Reya.

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The way we use the internet haschanged. It is no longer merely a digital reference library. As the internet has grown and the amount of information available has expanded, people have developed a new way of accessing this information in a way that is relevant to them. The ‘new’ internet, or ‘Web 2.0’, is a network of relationships where users interact and share knowledge with each other. Virtual friends become the custodians of knowledge, recommending products and services through their blogs and on other social media sites. By seeing what your like-minded friends find interesting, you are better able to decide what information you wish to ‘consume’.

Secrets and lies:the without prejudice principle

July 2010 - Employment. Legal Developments by Mishcon de Reya.

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In many legal disputes, particularly in the employment sphere, extensive use is made of without prejudice (WP) discussions. Discussions are WP if they are made in the course of a dispute between parties and represent an attempt to settle that dispute. While it is common for parties to make it expressly clear when discussions are WP and to record that fact in any documentation, it is good practice, not a legal requirement.

Whistleblowing in practice: ten years on

June 2010 - Employment. Legal Developments by Mishcon de Reya.

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Following incidents such as the Clapham rail crash, the Zeebrugge ferry disaster and the scandals at the Bank of Credit and Commerce International (BCCI) and Baring Asset Management, it became clear that staff had been aware of the risks but had been too worried about what might happen to them to raise their concerns.


Public Interest Disclosure Act (PIDA) 1998


PIDA 1998 came into force on 2 July 1999, with the aim of targeting the above issues and of protecting individuals who make certain disclosures of information in the public interest (ie individuals who ‘blow the whistle’). PIDA 1998 inserted new ss43A-43L and s103A into the Employment Rights Act (ERA) 1996. These sections offer ostensible protection (from detriment and/or dismissal) for workers who report malpractices by their employers (or third parties).


Team moves and poaching raids

May 2010 - Employment. Legal Developments by Mishcon de Reya.

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Tullett Prebon Plc & Ors v BGC Brokers LP & ors [2010], where BGC were held to have unlawfully poached several teams of Tullett brokers, is a recent example of the fine line between team moves that are legally permissible and those that are unlawful. Tullett also illustrates the significant disruption and costs caused by poaching raids on staff.

The volatile business of inter-dealer broking may not be representative of most employers, but with an increased fluidity in the employment market as the economy emerges from recession, more employers are becoming wise to the increased risk, or opportunity, of team moves, particularly in sectors where teams rather than individuals are responsible for securing business.

How, then, should a business go about acquiring a team without incurring liability? Conversely, what should a business do to protect itself against losing its most valuable assets?

Disability discrimination update

May 2010 - Employment. Legal Developments by Mishcon de Reya.

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There have been several significant developments in case law concerning disability discrimination over recent months, but what impact will these changes have on employers? We examine below some of the key developments and their practical effect.

What’s new this April?

May 2010 - Employment. Legal Developments by Mishcon de Reya.

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With the passing of each year, new employment-related legislation comes into force and, of course, 2010 is no exception. In April a range of new measures – some of which have long been on the horizon – will become law. An overview of the new measures and their potential impact is set out below.

Tribunals to forward whistleblowers’ allegations directly to regulators

March 2010 - Employment. Legal Developments by Mishcon de Reya.

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In a move that is likely to cause concern for many employers, Employment Tribunals will soon be given the power to pass on details of whistleblowing claims directly to regulators. The new Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2010 (the Regulations) are a response to concerns that some genuine allegations of malpractice were not being notified to, or investigated by, regulators. The government hopes that the new measures will facilitate the investigation of more instances of unlawful behaviour. The measures will be implemented for all whistleblowing claims submitted on or after 6 April 2010.

Religion and belief discrimination

February 2010 - Employment. Legal Developments by Mishcon de Reya.

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Religion and controversy are never far apart. In the world of employment law the headlines are all too familiar: the Muslim hairdresser who was refused a job because of her headscarf, the British Airways employee who was banned from wearing a cross and the Relate counsellor who was dismissed for refusing to counsel gay couples. These cases have highlighted the difficulties faced by employers in upholding the principle of equal treatment, especially where the interests of one or more protected groups collide. This article looks at several recent cases that have begun to test the limits of religion and belief discrimination. It examines the extent to which non-religious beliefs may be protected and the conflict between personal beliefs and employment obligations.

Secrets and lies: confidential informationSecrets and lies: confidential information

January 2010 - Employment. Legal Developments by Mishcon de Reya.

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Despite extensive litigation in the area, it is still common practice for employees moving between companies (particularly competing firms) to bring with them confidential information belonging to their former employer. All employees have a duty of confidentiality imposed by common law and these duties are often expanded or clarified in their employment contract or company handbook. Such contractual provisions can be useful if they are properly used to specify areas that are genuinely confidential. However, these contracts can fall into the trap of attempting to define too much information as ‘confidential’ and the courts are likely to view excessively inclusive clauses with scepticism. This article discusses the issues for new and former employers when an employee leaks confidential information.

Another day,another complaint

January 2010 - Employment. Legal Developments by Mishcon de Reya.

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What happens when you have an employee who is determined to make a nuisance of themselves, regardless of the validity of their claims? This article gives some helpful hints and tips on dealing with common tactics used by employees to put pressure on employers.

Guidance on trigger points for collective redundancy consultation

November 2009 - Employment. Legal Developments by Mishcon de Reya.

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In another case, akavan Erityisalojen Keskusliitto AEK & ors v Fujitsu Siemens Computers Oy [2009], the European Court of Justice (ECJ) has given guidance on the meaning of ‘contemplating’ redundancies for the purposes of collective consultation.


Workers can reclaim holiday lost to sickness

November 2009 - Employment. Legal Developments by Mishcon de Reya.

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The European Court of Justice (ECJ) recently decided in the case of Vincente Pereda v Movilidad SA [2009] that a worker who falls ill on holiday can choose to take the holiday lost to sickness at a later date.

Retirement at 65 has had its Heyday

November 2009 - Employment. Legal Developments by Mishcon de Reya.

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As has been widely reported, the High Court in R (on the Application of Age UK) v Secretary of State for Business, Innovation and Skills [2009] has found that the default retirement age (DRA) of 65 is justified and can remain for the time being, although the judge gave a strong indication that it will have to be raised after next year’s government review.

Money talks: a new era of transparency beckons in pay and remuneration

October 2009 - Employment. Legal Developments by Mishcon de Reya.

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The issue of pay has dominated the headlines over the summer, largely in relation to the remuneration of City employees. While restrictions on bankers’ bonuses and the obligation to provide greater transparency of pay arrangements to regulators is an immediate concern for large financial organisations, the issue of transparency in pay arrangements will soon become a concern for all large private employers if the proposals in the Equality Bill (the Bill) come into law.

Avoiding the cost of redundancies

October 2009 - Employment. Legal Developments by Mishcon de Reya.

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WITH BUSINESSES UNDER THE MOST pressure they have been under since the late 1980s, the challenge of controlling costs has become the number one ‘bottom line’ issue for owners, directors and managers alike. The first place to look is often the biggest cost – people. But hastily made decisions about redundancies can have long-lasting and detrimental effects. Smart thinking around what is best for the business is the order of the day. Joanna Blackburn and Helen Croft of Mishcon de Reya’s employment group examine the alternatives to making employees redundant.