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Author Archives: Darren Newman
Whistleblowing and ‘gagging clauses’
Last week, the legal protection given to whistleblowers came under the spotlight with the case of Gary Walker, a former Chief Executive of United Lincolnshire Hospitals Trust. He claims that he was forced out of his job because of his … Continue reading
Eweida & Co: the Decision
Well the judgement is out and you can read it in full here. It’s actually quite readable as these things go. We will be digesting the meaning and implications of the decision for some time to come. In the meantime, on … Continue reading
Posted in Uncategorized
9 Comments
Eweida & Co – the four big issues
Tomorrow the European Court of Human Rights hands down its decision in the case of four UK applicants claiming a breach of their rights under the Convention to manifest their religious beliefs. Yesterday I set out the bare facts of … Continue reading
Posted in Religion in the workplace
3 Comments
Eweida & co – the facts
So on Tuesday we will get an important ruling from the European Court of Human Rights on four UK religious discrimination cases. Actually there are two cases and four claimants. Eweida and Chaplin are the first case, Ladele and McFarlane … Continue reading
Posted in Religion in the workplace
Tagged British Airways, chaplin, civil partnerships, cross, crucifix, Eweida, Islington, Ladele, McFarlane, Relate
2 Comments
Employers must justify requiring Christians to work on a Sunday (and why that wasn’t the headline in the Telegraph)
Next Tuesday the European Court of Human Rights rules on the cases of Eweida, Chaplin, Ladele and McFarlane. The case is likely to be quite complicated and I plan to read it very carefully and give it some serious thought … Continue reading
The Myth of Gold-Plating
Gold-plating is such a clever term – I wish I’d thought of it. In the employment law context it refers to over-implementing EU rules so that the UK law is more burdensome than it needs to be. When a set … Continue reading
A Gratuitous Top Ten List
Well look, it’s the end of the year (pretty much) and it makes sense to look back on the employment law events of 2012. I’m planning a bit of a rant about how the Beecroft report and the internal politics … Continue reading
Posted in case law
6 Comments
Facebook, Gay Marriage and Religion (but that’s not the interesting bit)
Employers often worry about the negative publicity associated with an Employment Tribunal case – often needlessly. It is unlikely that the nation’s press will choose to highlight a failure to follow a fair disciplinary procedure, or a redundancy decision where … Continue reading
How much for doing the ‘honourable’ thing?
In most cases an employee who resigns doesn’t get any sort of pay off at all. You give notice (or not) and when the notice ends the most you can expect to receive is pay for holiday accrued but not … Continue reading
Posted in Entwistle, Resignation
Tagged BBC, executive, pay-off, payment in lieu, resignation
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Rights for shares: Responding to the Consultation
Well so far the Chancellor’s new wheeze of letting employees sign away key employment rights in return for some shares in their employer’s business shows no sign of going away. A consultation has been published by BIS and Clause 23 … Continue reading
Posted in Uncategorized
5 Comments
A Range of Reasonable Responses 