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The UK government has introduced a new failure to prevent fraud offence into the Economic Crime and Corporate Transparency Bill during its progress through the House of Lords. Once enacted, this will require HR in larger companies to review and update staff training and policies in order to be able to establish the proposed “reasonable … Read more
Update 25 May: the Neonatal Care (Leave and Pay) Bill, Carer’s Leave Bill and Protection from Redundancy (Pregnancy and Family Leave) Bill have now received Royal Assent. The Acts require regulations (yet to be drafted) to bring the new rights into force and so are unlikely to be commenced before 2024. See our blog post … Read more
Join Robert, Christine and Jonathan in the first of two episodes on how to deal with witnesses and suspects. This first episode is focused on employment and the team discuss what issues should be considered, how we should deal with whistleblowers and witnesses, and what the employment options are when an employee has been found … Read more
On 22 May 2023, the Full Court of the Federal Court (Full Court) will hear submissions on the retrospective application of certain whistleblower protections as part of the proceedings in Watson v Greenwoods & Herbert Smith Freehills Pty Ltd (NSD288/2022) (Watson). The hearing will likely involve a challenge to the Federal Court’s decision in Alexiou … Read more
On 21 February, Spain’s Official State Journal, the BOE, published Law 2/2023, of 20 February, on the protection of persons who report regulatory breaches and to combat corruption, which will enter into effect on 13 March. The Whistleblower Law, (i) transposes into Spanish legislation Directive (EU) 2019/1937 of the European Parliament and of the Council … Read more
The Spanish Government has approved a Bill to regulate the protection of people who report breaches of regulations and in the fight against corruption. The new law (i) transposes Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law … Read more
The latest edition of our Regulation in Focus podcast series features Jenny Andrews, an Of Counsel in our Employment team and Charles McGrath, a Senior Associate in our contentious FSR practice in London. Jenny and Charles remind listeners about the statutory and regulatory whistleblowing framework in the UK before summarising some interesting recent case law … Read more
Since the onset of the pandemic, our global employment team has been monitoring the level and changing nature of risks around the world. Whilst some trends have accelerated i.e. whistleblowing regulations, there are some new and important developments that pose significant employment risks. We have mapped these across the major financial centers using an interactive … Read more
Employers will welcome the decision of the Court of Appeal upholding the EAT’s decision in Kong v Gulf International Bank (summarised here). Subject to any further appeal to the Supreme Court, the ruling confirms that an employer may be able to successfully defend a whistleblowing dismissal claim if it can show that its genuine reason … Read more
