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

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?

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

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

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

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

Momentum for #BLM

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?

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