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Business Development: Playing The Right Card
Leor Franks
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.
Not long ago, we distilled a series of recent cases and produced practical guidance (see here and here) for employers on dealing with subject access requests under the Data Protection Act 1998 (“SARs”). These blogs were intended to complement our earlier blog “Top 10 tips for responding to a subject access request”, which was prepared with the Information Commissioner’s (“ICO”) original code of practice in mind. That code of practice has now been re-issued in light of the recent guidance from the courts and can be found on the ICO’s website here. The code itself is lengthy and detailed, but in this blog, we have picked out another top 10 tips from the most useful and practical additions to the revised code.
Earlier this year, the FCA and PRA published new rules regarding regulatory references. Banks, insurers, building societies, credit unions and PRA-designated investment firms (“firms”) are now required to take “reasonable steps” to obtain “appropriate references” for candidates subject to the Senior Managers and Certification Regimes, and their insurance equivalents. The purpose of these rules is to guard against employees with poor conduct records moving freely from one regulated firm to another…so-called “rolling bad apples”. However, their application is proving somewhat problematic.
The recent Supreme Court decision in the conjoined cases of Essop and Naeem has helped to clarify the scope of indirect discrimination by confirming that Claimants do not need to prove the reason behind a disadvantage suffered as a result of a provision, criterion or practice (PCP).
PC Angus Bowler, an officer with 25 years’ service, brought several claims of unlawful direct under the Equality Act 2010, in particular race discrimination and victimisation, against Kent Constabulary in the Employment Tribunal.
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