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From Certificates to Belief Statements: The CPS and the Limits of Forum Bar Intervention
Rebecca Niblock
In the case of Prophet plc v Hugget the Court of Appeal decided that, where a restrictive covenant has been poorly drafted, it will not read words into it, even if a literal reading offers the employer no protection at all.
According to Harvard public health professors Murray and Lopez “By 2020 depression will rank second only to heart disease as the leading cause of disability world-wide”.
Should an employee who is employed illegally or who, together with his employer, is acting unlawfully, nonetheless, when things go wrong, be able to bring a discrimination claim? The recent Supreme Court decision in Hounga v Allen provides some insight.
Most of us would be somewhat miffed if our employer tried to make us pay back the bonus we were awarded 7 years ago. However, this week, the Bank of England (BoE) announced the publication of two joint consultation papers from the Prudential Regulation Authority (PRA) and the Financial Conduct Authority (FCA) that aim to do just that. Although in many ways yesterday’s proposals are a watered down version of the plans outlined by the BoE earlier this year, they mean that the UK faces some of the toughest rules in the world in relation to the clawing back of bankers’ bonuses.
The Supreme Court’s decision in Bates van Winklehof v Clyde & Co is good news for both LLPs and their members. All LLP members, whatever their level of seniority, who seek in good faith to expose potential wrongdoing, will now be protected from detrimental treatment.
This article first appeared in Managing Partner in June 2014.
Rebecca Niblock
Jemma Brimblecombe
Charles Richardson
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