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From garage to unicorn – Employment law lessons for scaling tech teams
Catherine Bourne
Mr Patel was an assistant working for Folkestone Nursing Home. His contract of employment incorporated an employee handbook which contained a contractual right to lodge an appeal in the case of any disciplinary action taken against him.
Facing any accusation of misconduct at work is difficult, but allegations of sexual misconduct are particularly distressing. Such complaints not only have an impact on your professional life, but by their very nature can affect your personal and family life too.
The Court of Appeal has given important guidance as to when a disclosure by a worker will be considered a provision of information which amounts to a “qualifying disclosure”, rather than a mere “allegation” which does not provide any associated whistleblowing protection.
The Solicitors Regulation Authority (SRA), the body which regulates solicitors in England & Wales, recently told Bloomberg that it has received more sexual misconduct and harassment complaints in the first half of fiscal year 2017-18 (19 complaints) compared with the whole of 2016-17 (12 complaints) and that the complaints for both years are markedly higher than earlier years, demonstrating the powerful effect of the #metoo movement on the legal sector.
Mixed data cases present a particular challenge for data controllers and, as Adam Chapman noted in his previous commentary of this case in the High Court, “in ‘three way’ cases such as these, the data controller is likely to be challenged irrespective of the decision they take”.
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