New PRA and FCA whistleblowing rules
On 6 October 2015, the PRA and the FCA published parallel policy statements containing rules on whistleblowing in financial institutions.
November 11, 2015 No Comments
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FCA and PRA publish proposals on new regulatory references
Ahead of the new Senior Managers regime coming into effect in March 2016, a joint consultation paper on regulatory references was issued by the PRA and the FCA on 6 October 2015.
November 11, 2015 No Comments
US-EU Safe Harbour data protection relationship is invalid
The US ‘Safe Harbour’ offers insufficient protection against breaches of human rights occurring when data is transferred out of the EU to the USA.
November 11, 2015 No Comments
Corporate bodies can be victims of discrimination
A recent decision has confirmed that it is possible for a corporate body to be the victim of discrimination within the meaning of the Equality Act 2010.
November 11, 2015 No Comments
Response published to consultation on public sector severance cap
The government has published its response to the consultation over plans to cap public sector exit payments at £95,000.
November 11, 2015 No Comments
Permanently ill employee did not transfer under TUPE
An employee who had been unable to work due to illness for 6 years and would not be returning to work was not assigned to the group transferring under TUPE.
October 9, 2015 No Comments
HR’s heavy influence in disciplinary investigation made dismissal unfair
An employee was unfairly dismissed in circumstances where heavy influence from the Human Resources department had led to the investigating officer changing his recommendation from a final warning to immediate dismissal.
October 9, 2015 No Comments
Victimising an employee for being associated with allegations of discrimination by others is unlawful
A victimisation claim can succeed where a person is treated less favourably because someone else has made an allegation of discrimination and in the employer’s mind the two people are associated.
October 9, 2015 No Comments
No order for DSAR compliance where not reasonable or proportionate
The courts will not enforce compliance with a data subject access request (also referred to as a DSAR) where compliance would not be reasonable or the search would require disproportionate effort.
September 9, 2015 No Comments
Mutual trust and confidence damaged by refusal of employee’s choice of companion
An employer’s refusal to allow an employee to be accompanied to an investigation meeting by a representative from a professional defence organisation was held to be a breach of contract even though the representative was neither a Trade Union representative nor colleague.
September 9, 2015 No Comments
Constructive dismissal inapplicable to multi-party LLP agreements
The High Court has made a significant decision which will prevent exiting members of an LLP from avoiding restrictive covenants by alleging they had resigned in response to the employer’s breach of contract.
September 9, 2015 No Comments
US company prevented from suing UK worker in US court
An injunction has been granted to require that a company withdraw its motions in a Massachusetts court against an employee domiciled in the UK.
July 31, 2015 No Comments
