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Employment law brief: 15 November 2024

15 November 2024 / Ian Smith
Issue: 8094 / Categories: Features , Employment , Human rights , Discrimination , Harassment
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Ian Smith combs through four cases addressing important issues of interpretation…including the reach of sexual harassment law
  • Whistleblowing detriment: a question of timing
  • Redundancy consultation: how collective and individual fit together.
  • Maternity leave & redundancy protection—the meaning of suitable alternative vacancy.
  • Harassment related to the prohibited ground.

The four cases considered here all address important issues of interpretation, relating to when a protected disclosure can be made, how collective and individual consultations fit together in unfair redundancy cases (especially in non-union establishments), the meaning of ‘suitable available vacancy’ in the laws protecting those on maternity leave, and the reach of sexual harassment law. The last is of particular note on its facts because it concerned one man insulting another in a way that related to the protected characteristic of sex. It shows that, as so often, the matter is resolved by logical statutory interpretation, however counter-intuitive the result may seem at first.

Whistleblowing detriment

Most of this appeal in MacLennan v The British Psychological Society [2024]

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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