The Problem of Iago: Bringing or defending a tainted information...
In my last blog post, I considered the cases of Royal Mail Ltd v Jhuti [2017] EWCA Civ 1632 and International Petroleum Ltd v Osipov [2017] UKEAT/0058/17 and the difficulties faced by both claimants...
View ArticleUnder his eye: covert investigations and the employee’s right to privacy
Two recent decisions of the European Court of Human Rights (ECtHR) have considered how the privacy rights of employees can be protected during covert disciplinary investigations. Here we explain those...
View ArticleLegal advice privilege and HR advisers
The decision of the employment tribunal in Lingard v Leading Learners ET/2401985/17 will impact on assertions of legal advice privilege (LAP) in the context of HR consultants employed by a law firm. In...
View ArticleWitness contact: how not to handle it
It is common in litigation for a witness to be in “purdah” during a break in their evidence. The witness is warned not to discuss their evidence with anyone during any such break. While this is usually...
View ArticleAnalysing and pleading whistleblowing claims following the Court of Appeal’s...
As most employment lawyers will testify, whistleblowing claims are easy to allege, but hard to prove and even harder to win. Much of this difficulty stems from the fact that, in my experience,...
View ArticleLimiting discrimination claims: what happens now?
There are real difficulties for everyone involved (including the tribunal) in dealing with diffuse claims of discrimination, which indiscriminately allege various different types of discrimination,...
View ArticlePrivilege in internal investigations
Internal investigations are increasingly being conducted by companies not only on regulatory grounds but also in response to employment issues such as whistleblowing and discrimination allegations. In...
View ArticleUber: form, substance and judicial intervention
The long running saga of whether Uber drivers are workers has been decided in the Court of Appeal and a split court has granted permission to appeal. This blog analyses the differing approaches in the...
View ArticleCovert recordings and the unauthorised storing of confidential information by...
An employee is not permitted to take and keep their employer’s information for the purposes of bringing a claim against their employer. If an employee does so, their employer will ordinarily be...
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