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InsightsPosts By 'Sarah Lee'

Employment

Could your business be liable for the actions of a “rogue” employee?

It's long been the case that an employer can be liable for the acts of its employees if the acts are closely connected with their employment. But what if the employee’s actions are “rogue” or unexpected? Is the employer liable then? Morrisons are currently defending a High Court claim brought by nearly 2,000 of its staff, which will explore this question.

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Employment

Could imposing a pay cut on your employees trigger collective consultation obligations?

The concept of “redundancy” for collective consultation purposes has always been interpreted quite widely. However, businesses may now need to think even more “creatively” following a recent European case, which found that an employee resigning in response to a pay cut imposed by an employer for economic reasons should be treated as a “redundancy” and should be taken into account in deciding whether the threshold for collective consultation was triggered.

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Employment

Whistleblowing – What is the Public Interest Test?

Whistleblowing is rarely out of the news these days with front pages of national newspapers awash with allegations covering everything from the actions of our security services to the goings on in NHS hospitals. There is no doubt that, in many of these cases, there is public interest in the goings on inside such companies. However, what exactly is the test for whistleblowing, and how can you recognise if such a complaint arises within your business? In this article Associate Solicitor, Sarah Lee, analyses the requirement for a whistle-blower to believe that their “disclosure” is in the “public interest” in order to have legal protection and the recent case of Chesterton Global Ltd v Nurmohamed which has set a very low threshold in classifying such allegations.

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