When is a disclosure related to a personal employment situation, also made in the public interest? This was the crux of the question to be decided by the Court of Appeal in the first case on this subject matter to go before it, Chesterton Global Limited v Mohamed Nurmohamed. And puzzle-lovers everywhere will be thrilled to learn that the answer “does not lend itself to absolute rules”. So although the concept of “the public interest” has, through its foray so far through the Tribunals, shrunk and grown like Alice in Wonderland, it turns out that it’s not a numbers game after all. Instead, the question of whether a disclosure is in the public interest “depends on the character of the interest served by it”. Curiouser and curiouser…
The long awaited Taylor Report is here. Led by Matthew Taylor (Chief executive of the Royal Society of the Arts), it was commissioned by the prime minister last October to consider how employment practices need to change in order to keep pace with modern business. The scope of the review was wide ranging and the final Taylor Report itself is substantial. In order to help SME employers make sense of it, we have considered the most practical things you need to know about it, as well as giving our take on whether the report is, overall, a success.
The rise of the gig economy has been meteoric in recent years. It has given rise to a string of recent employment tribunal decisions – Uber, CitySprint, Pimlico Plumbers (and soon, Deliveroo). In each case, it was found that the companies had been effectively denying proper rights, such as sick pay and holiday entitlements, to their workers (whom legalisms they hold out to be “self-employed”).
Now that the dust has settled on the Marathon Asset Management LLP (“Marathon”) litigation, which was so long running Pheidippides himself would have been proud, this blog reflects on the lessons for professional and financial services partnerships. Aside from the satisfying nominative determinism, the Marathon cases provide important insights and practical lessons in a number of areas – partnerships, team moves, the protection of confidential information and fiduciary duties.