Dentons - UK People, Reward and Mobility Newsletter

Update on “cherry picking” the waiver of legal professional privilege

September 30, 2019

In Kasongo v. Humanscale UK Ltd, the EAT has clarified that legal professional privilege cannot be “cherry picked”. Even with a break in time between communications, if the advice relates to the same matter or legal question, privilege cannot be selectively waived for some communications related to it, but not others.

Reasonable belief and whistleblowing claims

September 30, 2019

What constitutes a reasonable belief that a disclosure has been made in the "public interest"? In the recent EAT decision in Okwu v. Rise Community Action, it was held that protected disclosures in whistleblowing cases meet the public interest test as long as the employee has a reasonable belief that the disclosure would be in the public interest, regardless of whether the disclosure actually does have such value.

The heavy price of GDPR

September 30, 2019

25 May 2018 is the date likely etched on the hearts of information controllers everywhere: the date the General Data Protection Regulation (GDPR) came into force. Fifteen months on from the introduction of GDPR, what changes have we seen? Have any companies received the dreaded fine of 4% of their annual global revenue?

Suspending employees

September 30, 2019

In instances of serious misconduct, an employer may in certain circumstances want to suspend an employee who is being investigated as part of a disciplinary process. It is not normally necessary to consider suspension unless there is an allegation of gross misconduct. Even then, a gross misconduct allegation will not always warrant suspension, as examined in the article.