Employment Edit – what's new in employment law

The EAT has held that an employee could reasonably believe that a disclosure affecting 100 employees was 'in the public interest'; BIS has published new changes to adoption leave and pay; and more... 

23 April 2015

Welcome to Employment Edit, our pick of the key employment law developments from the last couple of weeks. 

  • Whistleblowing – the EAT has held that an employee could reasonably believe that a disclosure affecting 100 employees was ‘in the public interest’.  This is the first time this point has been considered by the EAT since the requirement was inserted into the whistleblowing legislation in June 2013. In Chesterton Global Ltd & Another v Nurmohamed, the EAT drew a distinction between disclosures of a personal nature and disclosures with wider public interest implications.  It held that, as the claimant reasonably believed that disclosures he made about accounts being manipulated to reduce bonus and commission payments were in the interest of 100 senior managers, this was a sufficient group to be in the public interest.
  • Immigration – On 24 April 2015 a number of changes will come into force affecting the rules for overseas visitors coming to the UK. Of particular interest to employers will be the amendments to the business visitor visa which will now come under the new visa (standard) category and will allow greater flexibility in the activities that can be carried out by overseas nationals visiting the UK.
  • Financial services and insurance – The Prudential Regulation Authority has published final rules setting out the scope of the new Senior Managers Regime. These new rules, summarised in our financial services series, make wholesale changes to the existing approved persons regime for individuals performing controlled functions and greatly extend individual accountability with the sector. Consultation continues on certain discrete aspects of the new regime, but the government has confirmed that the rules will come into effect from 7 March 2016.  The PRA has also published rules setting out the scope of the new Senior Insurance Managers Regime for insurers subject to the Solvency II Directive, with are also due to come info full effect on 7 March 2016.
  • Adoption – BIS have published Changes to Adoption Leave and Pay from 5 April 2015: Technical Guidance For Employers.

If you would like more information, or specific advice, please contact Roger Bull, or get in touch with your usual Burges Salmon contact.

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Roger Bull

Roger Bull Managing Partner

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