I'm a solicitor and the chief operating officer at Canter Levin & Berg. I was formerly head of the employment department. I maintain this website so if you have any suggestions, criticisms or recommendations please email me at martinmalone@canter-law.co.uk. Outside work my interests include national hunt horse racing, France and French wine and current affairs. I also design and maintain websites.

What shall we do about NDAs?

Sir Philip Green

Non-disclosure agreements are nothing new. They were initially used in commercial transactions in order to protect parties in negotiations from the disclosure of commercially sensitive information. It remains the case that businesses which are considering mergers or acquisitions will normally start the process by requiring the interested parties to sign an agreement that is intended to ensure that, in the event that discussions do not lead to fruition, details of the parties, such as their business plans, forecasts and any other confidential arrangements, are not at risk of being leaked. This makes perfect sense, not least from the point of view of data protection.

Their use has become more widespread and they have moved into the sphere of employment law. It is more or less standard for settlement agreements (on the termination of employment) to include clauses which provide that the parties will keep confidential the terms of settlement and the circumstances giving rise to it. In most cases, this suits both parties. In effect, the employee is agreeing a trade off with the employer that, in return for a pay off which avoids the need for protracted, expensive and uncertain legal proceedings, they will accept an enhanced payment on terms which, to borrow a term from divorce law, provides for a clean break.

However, you can’t have missed the furore that has brought such agreements into the news headlines, particularly in the case of retail supremo Sir Philip Green and media mogul Harvey Weinstein. The #MeToo movement has led to a lively public debate about the inequality of arms which tends to accompany such deals and their ability to conceal serious wrongdoing including illegal activities, particularly discriminatory behaviour and, in the more severe cases, the sexual assault of women.

Equal pay at the BBC

Eddie MairFollowing last year’s widely publicised equal pay audit at the BBC, there has been a good deal of concern expressed about the disparities between the earnings of some of the Corporation’s best known presenters.

The BBC’s former China editor, Carrie Gracie, complained that the male Middle East and North America editors, Jeremy Bowen and Jon Sopel, were earning at least 50% more than her. Her complaint attracted national newspaper coverage and widespread support from her colleagues. Last month the BBC backed down, apologised to her for underpaying her and said it had “now put this right” by giving her back pay. Ms Gracie donated the back pay to the Fawcett Society, which campaigns for women’s rights.

She had refused a £45,000 pay rise because this still left “a big gap” between her and her male counterparts and her objective was to secure equality. She will now, at her request, take six months’ unpaid leave. What struck me as odd about the matter is that the jobs were regarded as equal in the first place. It is undeniably the case that, over many years, the Middle East and North America editors have had a much higher profile than the China editor, whether male or female. Perhaps the most stark disparity between the jobs is the amount of significant news coverage emanating from the different locations. However, the crucial difference in this case was that, when accepting the appointment, Ms Gracie was told that her pay would be “on a par” with that of the North America editor. It turned out that he was in a bracket of £200,000 to £250,000, whereas she was paid £135,000 (Jeremy Bowen was in a bracket of £150,000 to £199,000).

Following Ms Gracie’s resignation last January, a number of well-known male presenters, including John Humphrys, Jeremy Vine, Nick Robinson, Huw Edwards and Jon Sopel, agreed to take pay cuts as part of a move to harmonise salaries.

However, one who notably refused to do so was the presenter of BBC Radio 4’s PM programme, Eddie Mair.

“Overpromoted” practice manager constructively dismissed following bullying by “brusque and blunt” doctor

As I have pointed out over many years. pursuing a claim for constructive unfair dismissal can be a risky course of action because, for the former employee, it brings with it the added burden of having to demonstrate that the employer’s conduct was so unsatisfactory that it established a fundamental breach of a term of…

More news about modern working practices and the “gig economy”

Last week’s news was dominated by the Budget and the Class 4 National Insurance contributions’ increase which was announced and then, within 24 hours, kicked into the long grass. An interesting fact which emerged in the news is that the UK workforce now includes 15% who are classed a self-employed for tax purposes. However, as…

Another reminder of the need to apply correct procedures

The judgment of the Employment Appeal Tribunal in the case of Mrs B Tykocki v Royal Bournemouth and Christchurch Hospitals NHS Foundation Trust concerns the standards to be applied when carrying out a disciplinary investigation and whether failure to follow procedures can of itself render a dismissal as unfair. Mrs Barbara Tykocki worked for the Trust as a…

Bad behaviour by lawyers

Last month I reported the very serious consequences of a Christmas party that got well out of hand and resulted in life changing injuries. Subsequently, reports have emerged of serious misbehaviour by lawyers which have had serious consequences, including the likely curtailment of successful careers. Legal Cheek has reported that, John Burnand (pictured), a partner in city…