Employment Update - February 2019

Welcome to the February 2019 edition of the employment update - providing a monthly update on key legal issues for employers.

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Contents

Open justice means tribunal judgement must be made public even where painful or humiliating to the claimant
Defamation allegations can amount to a protected disclosure under whistleblowing legislation
Law Society restrictions on Non-disclosure Agreements and Confidentiality Clauses
Court of Appeal upholds finding that Uber drivers are workers
Effective succession planning
Upcoming event

Open justice means tribunal judgement must be made public even where painful or humiliating to the claimant

The recent Employment Appeal Tribunal case of Ameyaw v Pricewaterhousecoopers Services Ltd has highlighted the reputational risks that claimants and respondents run in proceeding with litigation in the Employment Tribunal. Facts Since February 2017, all... Read more
Defamation allegations can amount to a protected disclosure under whistleblowing legislation

In the case of Ibrahaim v HCA international Ltd , the Employment Appeal Tribunal has held that an employee’s complaint about damage to his reputation was capable of being a qualifying disclosure for whistleblowing claim purposes. However, as the... Read more
Law Society restrictions on Non-disclosure Agreements and Confidentiality Clauses

The Law Society has published guidance on the drafting of confidentiality clauses within settlement agreements and/or COT3 agreements. Although this is aimed at solicitors, this has implications for all employers and employees in what they can legitimately... Read more
Court of Appeal upholds finding that Uber drivers are workers

In the recent case of Uber BV and others v Aslam and others , the Court of Appeal upheld the finding that Uber drivers are workers and therefore entitled, amongst other things, to paid holidays and the minimum wage. Background In this case, the... Read more
Effective succession planning

Sarah Taylor covers the steps for effective succession planning in her recent article in Talk Business. Read more
Upcoming event

DISCLOSURE PILOT WORKSHOP
Date: 6 March 2019
Location: Stevens & Bolton office, Guildford
With effect from 1 January new court rules governing disclosure and preservation of documents came in. They affect disputes in the Business and Property Courts. In light of these new rules businesses would be well advised to review their existing document retention and management procedures, HR policies and terms of contract with agents and third parties.
We are hosting a roundtable workshop to help you navigate the changes, to offer practical advice on the impact on your business and tips on suggested amendments to your policies. Learn more