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Employment

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The Employment Appeal Tribunal (EAT) is to hear a test case on whether an employee’s belief in global warning and decision to lead a carbon emission minimising life amounted to a “philosophical belief” for the purposes of the Employment Equality (Religion and Belief) Regulations 2003.

The Department for Schools, Children and Families has produced a "Guide on Employing Children"

Lookism in the workplace—discrimination or a fact of life? asks Helen Crossland

Does Brennan mark the end of the bonus culture in local authorities? asks Daphne Romney QC

Ian Smith provides an update from
the courts

Unions must inform employers of the result of a strike ballot as soon as possible to allow them time to plan, the Court of Appeal has confirmed.

In Stockton on Tees Borough Council v Aylott [2009] IRLR 548, the Employment Appeal Tribunal (EAT) has given further confirmation that the restrictive test for disability-related discrimination laid down by the House of Lords in London Borough of Lewisham v Malcolm [2008] 4 All ER 525 applies equally to the employment field. No surprises there then.

Sadare v London Borough of Lambeth [2009] All ER (D) 28 (Aug)

Ambiguities in health questionnaires are likely to be resolved in the employee’s favour,
says Charles Pigott

Are eco warriors holding employers to ransom? asks Caroline Doran

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MOVERS & SHAKERS

Freeths—Rachel Crosier

Freeths—Rachel Crosier

Projects and rail practices strengthened by director hire in London

DWF—Stephen Hickling

DWF—Stephen Hickling

Real estate team in Birmingham welcomes back returning partner

Ward Hadaway—44 appointments

Ward Hadaway—44 appointments

Firm invests in national growth with 44 appointments across five offices

NEWS
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
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