Dentons - UK Employment Law Round-up

Can NDAs/confidentiality clauses survive in the #MeToo era?

February 28, 2019

The use of NDAs/confidentiality clauses in the employment context has been thrust back into the spotlight over recent weeks. This article explores whether there is still a legitimate place for their use in the post #MeToo era.

Can a complaint about defamation be a protected disclosure for the purpose of a whistleblowing claim?

February 28, 2019

This article looks at whether a complaint about defamation can be a protected disclosure for the purposes of the whistleblowing legislation. The Employment Appeal Tribunal (EAT) says yes, it can, in the case of Ibrahim v. HCA International UKEAT/0105/18.

Latest Court of Appeal decision allows retail staff to continue their long-running battle for equal pay

February 28, 2019

In the long-running case of Asda Stores Ltd v. Brierley and others [2019] EWCA Civ 44, the Court of Appeal has upheld the Employment Tribunal's (ET) and the Employment Appeal Tribunal's (EAT) decisions that mainly female employees working in-store are entitled to compare themselves to mainly male employees working in distribution centres for the purposes of bringing an equal pay claim. In this article we look at the history of this case, the Court of Appeal's decision and consider the implications this may have for employers in future, even if the claimants do not, ultimately, succeed in their claims.

Age discrimination: hitting the headlines

February 28, 2019

This article looks at recent news in relation to age discrimination, specifically the guidance which was published by Acas this month and the successful claim brought by the 88 year old secretary, Eileen Jolly (Jolly v Royal Berkshire NHS Foundation Trust).