Employment News — March 2013
Hogan Lovells has released its employment news update for March 2013. Subjects covered include whistleblowing, shared parental leave and flexible working requests.
The Government has decided on yet another amendment to the legislation protecting whistleblowers from detrimental treatment at work. In addition to the two changes already scheduled in the Enterprise Bill - a requirement for protected whistleblowers to be acting “in the public interest” and the removal of the requirement for the disclosure to be in good faith (replaced by a power for tribunals to reduce compensation by up to 25% if the disclosure was not made in good faith), there will be a new provision making employers potentially vicariously liable for the detrimental acts of workers. There will be a statutory defence if the employer can show that it took all reasonable steps to prevent the detrimental treatment.
This issue dates back to the controversial whistleblowing case NHS Manchester v Fecitt. The case involved three NHS nurses who raised concerns about the qualifications a colleague claimed to hold and were subjected to hostility from colleagues. Amongst other things, the Court of Appeal found that an employer could not be vicariously liable for acts of victimisation by its employees. Unlike discrimination (or harassment under the Protection from Harassment Act 1997), it is not unlawful for workers to victimise whistleblowers and in circumstances where the employees had committed no legal wrong, there can be no vicarious liability…
If you are registered and logged in to the site, click on the link below to read the rest of the Hogan Lovells briefing. If not, please register or sign in with your details below.
News from Hogan Lovells
News from The Lawyer
Briefings from Hogan Lovells
With increasing internet penetration throughout the country, the e-commerce industry, like other industries in China, is growing at a swift pace.
A tribunal decision that required a committed Christian to work on a Sunday on an occasional basis in accordance with her contract of employment did not discriminate against her.
Analysis from The Lawyer
The Lawyer’s latest Top 50 litigation firms list shows that business for dispute specialists is roaring along while new in-depth detail reveals the winning strategies
The Russian legal market faces a new era as the government opens the door to greater business transparency, but not everything is open to scrutiny