Whistleblowing: Disclosures, detriments, dismissals and a directive – whistleblowing decisions and developments in 2021

Annabel Mackay summarises recent case law on whistleblowing and considers the potential impact of new EU legislation in this area An unusual feature of the whistleblowing regime is that the threshold for the claimant to succeed in showing causation is lower in a detriment claim than in a dismissal claim. In the past 12 months …
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Legal news: Employment update

Jo Broadbent rounds up recent developments affecting employers and their advisers In Dodson, the EAT confirmed that women are less likely to be able to accommodate certain working patterns than men because of childcare responsibilities. Supreme Court confirms no change to burden of proof in discrimination cases The Supreme Court decision in Royal Mail Group …
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Disciplinary procedures: Decisions made on manipulated facts

Two rulings have reconsidered whether the tribunals should only examine the mental processes of the person who took a disciplinary decision when deciding whether a dismissal was fair. Emma Burrows and Anna Scott report ‘Ms Jhuti’s manager had determined that she should be dismissed but the true reason should be hidden behind an invented reason.’ …
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