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Many of our clients are increasingly faced with internal investigations, some with complex compliance or whistleblowing features. Our April client alert looks at some of the key considerations before embarking upon any investigation. We also highlight some of the recent developments in case law and legislation in these areas. Finally, we leave you with a Flowchart for conducting a compliance investigation ending in a disciplinary process and some Golden Rules.
Privilege
Legal professional privilege is always the first issue to consider in this process. Does the process need to be open and ‘on the record’ for the purposes of fact gathering for a disciplinary process or are there details which you would rather not share with external authorities, regulators or need to disclose in any subsequent litigation?
Corruption: Reps consider bill to set up whistle-blower protection agency
On
By Tordue Salem, Abuja
A Bill for a law to protect those who make public disclosures of cases of corruption and insecurity from attacks is listed for consideration by the House of Representatives, this week.
The Bill exclusively obtained by VANGUARD is short-titled: “Public Interest Disclosure and Protection Bill, 2020”. It is sponsored by Rep. Nkeiruka Onyejeocha.
The piece of legislation seeks to repeal “The Public Complaints Commission Act and Enact the Public Interest Disclosure and Complaints Commission, Provide a Framework for Making Disclosure and Protection of Discloser and for related matters”.
Consultation on measures to reform post-termination non-compete clauses in contracts of employment - 26 February 2021
To facilitate innovation and economic recovery post-COVID-19, the government is consulting on limiting the use of non-compete restrictions, including prohibiting them altogether or conditioning enforceability on an employer providing compensation to an employee in respect of the restricted period.
Employers should anticipate changes to non-compete clauses and, as a matter of course, regularly review all post-termination restrictions.
Public Interest Disclosure (Protection) Bill 2019-21 (“Disclosure Bill”) - 26 February 2021
The Disclosure Bill is due for a second House of Commons reading and is intended to increase protection for whistle-blowers. The Disclosure Bill includes proposals to establish an independent body to enforce prescribed standards when dealing with whistle-blowers and introduce criminal sanctions on those who cause whistle-blowers harm or
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It s been said that death and taxes are the only
certainties in life, but employers may wish to add a third –
changes to employment law. Both caused by Brexit and the pandemic,
and independent of them, reforms haven t ceased. In this
article, we round up the top 10 changes for people with
responsibility for HR to watch out for in 2021.
Recruiting EEA nationals is
about to get a lot more complicated.
The new year brings new headaches for employers wishing to
recruit EEA nationals. From