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Articles by Andreas White
Court of Appeal issues clawback clause warning to UK employers
This article was first published by the International Employment Lawyer on 19 August 2026. In July 2026, the Court of Appeal handed down its judgment in Geeks Limited v Watts, considering for the first time whether a training cost clawback provision was void in restraint of trade.
Can an employer pay a sponsored worker more than a non-sponsored worker?
One question clients often ask is whether an employer can lawfully pay a sponsored worker more than a non-sponsored worker doing the same role, particularly given the increases to minimum salary thresholds under the Skilled Worker route.
Employment Tribunal Whistleblowing Claims – Confusion Reigns | Employment Law Blog | Kingsley Napley
A recent Court of Appeal judgment in the important whistleblowing cases Wicked Vision and Barton Turns highlights the need for employment law reform. To quote from its final sentence: “It is plainly unsatisfactory that the construction of this legislation has now produced conflicting decisions at three levels of court [Employment Tribunal, Employment Appeal Tribunal & Court of Appeal], but that can only be resolved by the Supreme Court or by amendment to the legislation”.
Can you dismiss a skilled worker who does not qualify for ILR (Indefinite Leave to Remain) when you thought they would?
As I mentioned previously, I am still trying to get my head around the issues that continue to arise from the recent announcement made by the Home Secretary in relation to the settlement provisions. For now, I want to unpack one part of the change. As a quick recap: if someone is in the UK as a Skilled Worker, their employer will have a sponsor licence and sponsoring them.
Whistling in the Wind
The Court of Appeal’s judgment in the important whistleblowing cases Wicked Vision and Barton Turns highlights the need for legislative reform of the UK’s outdated and ineffective rules on workplace whistleblowing.
Witness interviews in internal investigations: the UK perspective
Witness interviews are crucial in UK corporate investigations, providing context beyond documentary evidence. Key considerations include timing, legal privilege complexities, data protection compliance and cooperation with authorities such as the Serious Fraud Office and the Financial Conduct Authority.
HMRC Covid scheme amnesty: action by 31 December 2025
The COVID pandemic was a difficult time for businesses, and many legitimately relied on financial support provided through government schemes to help them to survive and retain employees. However, it is estimated by HMRC that circa £10billion was also lost as a result of incorrect applications and outright fraud.
Parting ways with LLP partners - top tips on partner exits
There are numerous reasons why a Limited Liability Partnership (LLP) may wish to part ways with one or more of its partners (members) [1]. It could be due to misconduct on the part of the partner, a breakdown in their relationship with other partners or colleagues, or as part of a restructuring of the business, for example due to declining client demand in a particular service line or specialism (akin to redundancy in an employment context).
Whistleblower protection and proposals for reform
When an individual raises concerns regarding suspected wrongdoing, important legal considerations arise for organisations: it can lead to an internal investigation, the interest of regulatory authorities or litigation. A huge range of issues can arise in such situations and the rights of the whistleblower and available protections are key considerations.
The importance of WhatsApp messages as evidence
The recent news last week that WhatsApp had become vulnerable to a surveillance spyware, despite marketing itself as a secure communications app with end-to-end encryption, comes hot on the heels of a recent Court of Appeal judgment in the case of Forse & ors v Secarma Ltd & ors, which highlights how WhatsApp messages can provide vital evidence in team move cases. We all know how popular WhatsApp has become: various surveys suggest it is the UK’s most popular smartphone app.
Running the Marathon - lessons for professional and financial services partnerships
Now that the dust has settled on the Marathon Asset Management LLP (“Marathon”) litigation, which was so long running Pheidippides himself would have been proud, this blog reflects on the lessons for professional and financial services partnerships. Aside from the satisfying nominative determinism, the Marathon cases provide important insights and practical lessons in a number of areas – partnerships, team moves, the protection of confidential information and fiduciary duties.
I've been diagnosed with cancer. What are my employment rights?
You will qualify for disability discrimination protection but this will only apply once your employer knows (or ought reasonably to know) about your condition. You should, therefore, inform your boss and HR of your diagnosis and treatment plan as soon as possible to afford you the strongest possible legal protection. The onus will then be on them to ensure they handle your case sensitively and properly.
European Regulation of insider dealing and market manipulation: build up to the new market abuse regime from 2016
The European Securities and Markets Authority (ESMA) has recently published its final technical standards on, inter alia, the Market Abuse Regulation(Regulation 596/2014) (MAR). The technical standards include proposed “regulatory technical standards” (RTS) and “implementing technical standards” (ITS). The RTS and ITS have now been passed to the European Commission, which has three months to decide whether to accept the final standards.
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