Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
16 October 2015
Case update: Can companies bring discrimination claims?
In the recent case of EAD Solicitors LLP v Abrams, President Langstaff ruled that a company can bring a discrimination claim on the grounds that it has suffered detrimental treatment because of the protected characteristic of someone with whom it is associated.
14 October 2015
Case update: Do temporarily laid-off staff still transfer under TUPE?
If employees are temporarily laid off, does that mean that they cannot transfer under TUPE in a service provision change situation? Kirtsy Churm looks at a recent case...
12 October 2015
Regulatory references in the financial services industry – PRA & FCA consultation
The reforms of the FCA and PRA in relation to the regulation of firms and individuals in the financial and insurance industries continue apace. The new Senior Managers Regime will come into force in March 2016. Responsibility for assessing the fitness and propriety of senior managers and others will shift away from the regulators to the institutions themselves.
7 October 2015
Legal update: Victimisation by association
In 2008 the ECJ made it clear that you didn’t actually have to be disabled yourself to bring a direct disability discrimination claim, provided that you were discriminated against because of your association with a person who is disabled. It was previously thought that this principle of ‘associative discrimination’ only applied in cases of direct discrimination or harassment. However, following the case of Thompson v London Central Bus Company Ltd employers will now need to be wary that the same principle applies in cases of victimisation. In this case it was held that where an employee is victimised, the employee can claim even when the protected act is carried out by another person, provided that they are victimised because of that act. Furthermore, the recent hearing by the Employment Appeal Tribunal makes it clear that there is no requirement for there to be a special relationship in existence between the person who is victimised and the person who carries out the protected act.
6 October 2015
New whistleblowing rules from FCA
As the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) publish new rules on whistleblowing today, Andreas White and Louise Hodges examine what this means for firms in light of the forthcoming Senior Managers and Certification regimes coming into force in March 2016 alongside new Conduct Rules.