Whistleblowing, alternative employment in a medical incapability case, and the liability of employees in a discrimination case: this is the trio of topics covered in this week’s ‘Employment law brief’
Ian Smith, barrister and emeritus professor of employment law at the Norwich Law School, UEA, highlights the background and salient points in each one.
Smith writes that, while the next government may usher in reforms post-2024 general election, ‘it is sobering to be reminded that the existing law can still throw up novel issues of interpretation’.
The first case, on whistleblowing, ‘concerns the question of how an organisation can fall foul of the law against imposing detriments (other than dismissal) on an employee. Some of this hinges on a legislative change made 11 years ago but only now coming to the fore. It is in fact the second such case in the past two months on the issue—one potentially restricting the legal protection and the other potentially widening it.’
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