Welcome to Allen & Overy’s Employment Talk blog, sharing with you our views and insights into the latest trends, risks and developments with HR boardroom issues and employment law and practice.
Whistleblowing in financial services: upping the ante
25 March 2021 Sarah Henchoz
Confidence The FCA has just upped the ante with regard to whistleblowing with its latest campaign “In confidence, with confidence”, designed to encourage individuals working in financial services to report potential wrongdoing directly to it. The FCA has a well-resourced and trained team, which understands that it is not easy to speak up, so it › Read More
Does a whistleblower’s motive matter?
09 March 2021 Robbie Sinclair
The motive of a whistleblower is often questioned, with good reason. Disclosures of malpractice or wrongdoing are often made in the context of performance management, a dismissal, or a grudge by a disgruntled worker. From an employer’s perspective, this can downgrade the disclosure because it was made for ulterior motives. But should the whistleblower’s motive › Read More
Supporting junior colleagues – a trainee’s perspective
24 November 2020 Justin Farrance
After many months of lockdown and newfound ways of living, the pandemic has left its mark on almost every aspect of society. Alongside the individual challenges faced by so many, it’s hard to ignore the professional impact caused by the virus. Specifically, alternative ways of working present unique obstacles for junior colleagues starting out in › Read More
Dignity and respect should not be the preserve of the majority
21 October 2020 Sheila Fahy
Today is International Pronouns Day, a day to educate others that a personal pronoun should be determined by the individual. Whether a person wants to be referred to as “he”, “she”, “they” or otherwise will depend on how the individual identifies, not traditional cues. The issue particularly affects transgender and non-binary individuals, and has led › Read More
Significant tribunal costs award made against employee who recorded covertly
15 October 2020 Rachel Reeves
Are covert recordings permitted? One of the issues that comes up time and time again concerns employees recording discussions covertly. The issue is particularly relevant now as the opportunities to record while working remotely are even greater than in face to face meetings. The answer is that it is up to an employer whether recording › Read More
13 October 2020 Sheila Fahy
Somewhere along the way, the idea that white people are superior to others has taken root in society, like a stubborn weed in the garden. It’s everywhere and people are so used to seeing it, they don’t appreciate that it’s choking the goodness out of our world. These words are not mine, but I echo › Read More
Can employers refer to employees’ WhatsApp messages to bring misconduct proceedings?
30 September 2020 Aladdin Benali
As social media messaging has become such a quick and easy way for many of us to communicate, a key question for employers is the extent to which they can access and rely on employees’ WhatsApp messages in the context of investigations. In a recent case, BC and others v Chief Constable Police Service of › Read More