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News 26 Jan - 1 February 2019

Published 01 February 2019

A recent case at the EAT has highlighted the intricacies involved in proving a ‘whistleblowing’ claim.  The case of Ibrahim vs HCA International Ltd (UKEAT/105/2018) concerned the applicant’s claim that rumours claiming he had breached confidentiality were both defamatory and constituted whistleblowing.  But whilst EAT accepted that the rumours were potentially defamatory, they were not in the ‘public interest’ and so the appeal was denied.(1)  The decision highlights the need to link such a claim to a wider interest than just personal reputation.

Employers beware!  A group of stories this week cover a range of employer concerns.  HMRC has confirmed new rules will go ahead relating to TUPE transfers. The new rules will hold the new em-ployer responsible for any underpayments of National Minimum Wage which the transferring em-ployer was guilty of.(2)  So company’s will have to ensure that they’ve done their homework about what they’re actually buying into to avoid extra costs.  A case this week also highlighted the need for employers to be vigilant with their workplace drug testing following the case of Ball vs First Essex Buses Ltd (3), whilst the need to ensure that drivers of public vehicles are safe to take on such responsibilities as driving public vehicles, the decision highlights the penalties of poor application.

The Health and Safety Executive has announced that it is planning a campaign of inspections in the construction sector primarily to address respiratory illness which accounts for at least 500 deaths per year (4).  On another front the Crown Prosecution Sector has announced a 27% increase in prosecutions under the Modern Slavery Act 2015.(5) As case law begins to set legal precedents prosecutions are being pursued more feverishly, revealing what had long been suspected that in some sectors employer exploitation is rife.  Tech companies with international supply chains are now seeking vet those chains thoroughly to avoid prosecution under the Act.

The last year in review has shown the impact of the Brexit process on Professional jobs the UK in 2018 and give a glimpse of whether ‘Project Fear’ was real or just another Brexit soundbite(6).  The overall theme has been continued caution in London but overall gains in Finance and the IT sector, but the banking sector has been more cautious.

So as the clock strikes 1.25, the newsroom has to close, after all we all have an early start (7).  More next week, if the editor is well enough hit the keys. 

 “A reputation built on success”

For free employment law advice or if you are affected or want information and support by any of the issues in this article please give us a call. 0333 772 0611

A reputation built on success

For employment law advice or if you are affected or want information and support by any of the issues in this article please give us a call. 

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